AUSTRALIAN COUNCIL FOR LESBIAN AND GAY RIGHTS Media Release Tuesday November 10th 1998 CALL FOR NEW GUIDELINES ON GAY AND LESBIAN REFUGEES The Australian Council for Lesbian and Gay Rights has written to Immigration Minister Philip Rudduck calling for Australia's refugee policy to recognise all persecution on the grounds of sexuality. The ACLRG's call comes in the wake of a recent decision by the Refugee Review Tribunal rejecting a Sri Lankan gay man's application for refugee status. According to RRT representative, Dr Rory Hudson, the Sri Lankan man could avoid persecution "by refraining from making his sexuality widely known, by not saying that he is homosexual and not engaging in public displays of affection". ACLGR spokespeople, Jennifer Wilson and Rodney Croome, poured scorn on Dr Hudson's comments likening them to telling an aboriginal person to act more European in order to qualify for equal rights. "It is morally wrong to expect homosexual people to remain silent about their sexuality, and pretend to be heterosexual to avoid persecution", Ms Wilson said. "Dr Hudson has also missed the point that consenting private gay sex is illegal in Sri Lanka, something which the UN Human Rights Committee, in the Tasmanian gay law reform case, found to be a form of persecution in and of itself." According to Mr Croome the ACLGR wants the formulation of guidelines which stress the fact that the criminalisation of homosexual activity, as well as the failure of the state to protect lesbians and gay men against systematic violence, amount to persecution within the terms of the Refugee Convention. "If sexuality persecution is to be treated in the same way by the Refugee Review Tribunal as persecution on other grounds, it is vital that the definition of sexuality persecution be expanded." A copy of the letter to Philip Ruddock and the legal paper backing up the letter will follow. For more information contact Jennifer Wilson on 0414 595 857 or page Rodney Croome on (03) 6223 3866 quoting 37294. *** Rodney Croome and Jennifer Wilson Co-convenors GPO Box 1733 Hobart, 7001 (03) 6224 3556 Ph (03) 6223 6136 Fax *** Hon Philip Ruddock MHR Minister for Immigration C/o Parliament House Canberra, 2600 (02) 6277 7860 Ph (02) 6273 4144 Fax re: recent Refugee Review Tribunal decision Dear Mr Ruddock, The Australian Council for Lesbian and Gay Rights is concerned about reports that Dr Rory Hudson of the Refugee Review Tribunal recently refused refugee status to a 27 year old Sri Lankan gay man partly on the basis that the applicant "could avoid a real chance of serious harm simply by refraining from making his sexuality widely known - by not saying that he is homosexual and not engaging in public displays of affection towards other men". According to Dr Hudson gay men and lesbians do not have "any inalienable human rights relating to their sexuality which extends beyond the right to private consensual adult sex". Dr Hudson's remarks are objectionable for several reasons. Firstly, Sri Lankan law criminalises the private consensual sexual activity of adult gay men, and thereby subjects them to persecution regardless of how open they are about their sexuality. The fact that such laws are inherently a form of persecution, and foster the conditions for persecution, regardless of their enforcement was established by the UN Human Rights Committee in Toonen v Australia. Secondly, Dr Hudson is wrong when he says that inalienable human rights relating to sexuality do not extend beyond private consensual adult gay sex. Again, Toonen v Australia established that lesbians and gay men enjoy all the rights and freedoms enshrined in the International Covenant on Civil and Political Rights regardless of how open we are about our sexuality. Finally, it is morally unfair to expect homosexual people to remain silent about their sexuality, and pretend to be heterosexual, to avoid persecution. Such an attitude blames the victim for the abuse they experience and fails to address the true cause of the prejudice in question. It is similar to telling aboriginal people that they must pretend to be of European origin if they want to enjoy equal civil rights. We urge you to put in place guidlelines which ensure that such ill-informed opinions can no longer form the bases for RRT decision. In particular we urge you to formulate guidelines which 1. stress the fact that criminalisation of homosexual activity clearly involves a violation of the rights of privacy and equality and amounts to persecution within the terms of the Refugee Convention, and 2. recognise that a state's failure to protect lesbians and gay men against systematic violence may also amount to persecution within the terms of the Convention. We have enclosed a paper prepared by Melbourne University Sexuality Law lecturer, Kris Walker, expanding on these points and outlining the legal issues involved. Thank you for your time and we look forward to your response. Yours sincerely, Rodney Croome and Jennifer Wilson. 9.11.98
