In 2017, Amnesty International indicated in this report that two thirds of LGBTI refugees from Central America with whom they spoke between 2016 and 2017, have suffered sexual and gender-based violence in Mexico.

When states join international treaties, they assume obligations in which they have to comply with international law, including human rights issues. According to the UN, "at present, all the Member States of the United Nations have ratified at least one of the nine basic international human rights treaties, and 80% of them have ratified at least four of them." In international human rights law this means that States must 1) refrain from interfering with or restricting human rights; 2) protect individuals and groups against human rights abuses; and 3) take positive measures to facilitate the enjoyment of basic human rights.

However, violence towards LGBTI persons does not automatically stop when they cross a border. The situation is further complicated by the fact that national legislation to prevent discrimination of LGBTI persons vary in the region, and indeed in some countries, the rights of these persons are not protected. Thus, while Belize penalizes homosexuality, El Salvador and Honduras do not have protection mechanisms; and although Mexico City recognizes same-sex marriage, Amnesty International reported that the majority of LGBTI people who have moved from North Central America to this country continue to experience high rates of discrimination and violence, both by civilians and governmental authorities; Costa Rica, through social insurance, admits the assurance of same-sex couples, and its Ministry of Labor allows the benefit of the widow's pension to these; and Nicaragua has legislation that criminalizes discrimination against LGBTI persons and a Prosecutors’ Sexual Diversity Office.

Discrimination and violence against migrant LGBTI persons can be confronted by governments with actions like these:

1. Develop specific state studies on the subject: The collection of information facilitates identifying the needs of this population to give them a differentiated assistance.

2. Provide information on instruments and rights to the population involved: Ignorance of their rights and how they can access exercise them as an LGBTI migrant population makes it difficult for these people to demand ownership from the authorities.

3. Recognize hate crimes: When a person applies for asylum in a country due to a situation of violence of this type, the State they come from must offer them protection. If hatred crimes are not recognized as a valid reason, the life of the person requesting asylum is put at risk.

4. Train public officials and migration officials to prevent discrimination: Train and sensitize staff for the adequate care of the LGBTI population, facilitate access to free and secure public services, and establish steps on how to act in specific cases. Its authority must protect this population, not revictimize it. No case of discrimination or crime, regardless of its author, must be made invisible or be unpunished.

5. Promote safe shelters: Those who stay in shelters along their migration include people with all kinds of beliefs and preconceptions. Regardless of their personal beliefs about gender identity or sexual orientation, professionals must guarantee the security of those in shelters. This involves training and sensitization as well as understanding risk points for discrimination of LGBTI persons in order to adapt measures to safeguard their safety and dignity.

 

Resources

Basic documents:

Reports:

Handbooks:

Online courses:

  • Migration and LGBTI people: An E-Campus course, the IOM platform for online courses. It is free but requires previous enrollment. Only available in Spanish at the moment.
  • Gender and sexuality: Applications in Society: Free course of the University of British Columbia (with the possibility of certificate when paying) that works the intersectoral approach between studies of gender and sexuality and other fields such as literature, language, geography, etc.

Scholarships:

  • LGBTI Pulse Memorial Scholarship: IOM Scholarship that provide financial support to Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer, individuals between 18 and 26 who are in pursuit of a university or college degree. The online application system is now closed. The system will reopen on 30 June 2019.
  • Proud Foundation Scholarship: Access to 60+ scholarships with one applications.