‘Rainbow Statelessness’
I'm currently in a relationship with a human rights student who lives in Paris. I had
a love story with this man, and it was all too great, up until he had to leave. Those
airport trips are the nastiest, especially when you want to say goodbye to the person
that you love, but you can't show too much affection. Being stateless and queer
makes it a whole different experience: there's a constant fear, persistent anxiety.
Once, I was held at a checkpoint and my phone was illegally checked. They found
a photo of me and my partner. The matter was exacerbated with my being stateless.
Too many things for a bored officer who wants someone to prey on. The thing is, I
not only have to live with sequestered rights as a human being, I also have to
compromise my sexuality, my physical presence, it goes beyond paperwork. It goes
without saying that being stateless can also make any problem I encounter due to
my sexual orientation and gender identity much worse. Imagine if one day I am
taken to Hobeish police station because of an ‘act of public immorality’ 60 and I do
not have enough documents to get myself a defence. … You cannot be yourself.
You can only compromise to a certain degree. There are many ways the impact
takes its full effect, but I'm not sure I'll be able to explain it at the moment. It needs
a clear mind.
Joseph’s narrative here adds to the evidence that statelessness and SOGIESC
having intersectional impacts upon the lived experiences of LGBTIQ+ individuals
affected by statelessness. The remaining part of this article focuses on establishing
a body of cases where SOGIESC and associated discrimination may play a causal
role in putting LGBTIQ+ persons or their children at risk of statelessness.
SOGIESC-DISCRIMINATION AS A CAUSE OF STATELESSNESS
The possibility of becoming, or being made, stateless as the result of SOGIESC
has not been adequately examined in academic literature. Perhaps this is because
affected individuals are geographically dispersed and presumed to be in relatively
small numbers compared with other causes of statelessness. However, based on a
review of existing literature (mostly media reports) and documentation of
individual cases (largely identified through contact with actors working on
statelessness and/or LGBTIQ+ rights), it is apparent that discrimination against
LGBTIQ+ individuals resulting in (risks of) statelessness can take many forms. In
the main part, the risks of becoming stateless are exacerbated by regimes of nonrecognition of LGBTIQ+ realities, legislative disparity and prevalent
structures/cultures of discrimination. The possibility of statelessness as the result
of sex/gender transitions abroad or for children born to ‘rainbow families’ will be
explored in further sections of this article.
Below is a presentation of situations in which LGBTIQ+ individuals might be
rendered stateless through SOGIESC-discrimination, or through specifically
homo-, trans- or intersex-phobic forms of discrimination. The various
circumstances surveyed in the accompanying case studies suggest that LGBTIQ+
persons may be vulnerable to arbitrary deprivation of citizenship at all stages of
life.
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Hobeish police station traditionally handles all ‘morality/adab’-related arrests in Beirut and
is notorious for harsh treatment towards LGBTIQ+ individuals. See ‘It’s Part of the Job’: IllTreatment and Torture of Vulnerable Groups in Lebanese Police Stations (Report, Human
Rights
Watch
2013):
<https://www.hrw.org/sites/default/files/reports/lebanon0613_forUpload_1.pdf>.
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