Date: Thu, 14 Nov 1996 09:02:52 +0100 From: skolander@bahnhof.se (Bjoern Skolander) (by way of ilga ) Subject: ILGA EMAIL ACTION #96:5: Gay Asylum Rights in the Netherlands Please support this action (#96:5) by following the instructions below. You can join other list members in an easy-to-participate email/fax action, or respond individually by faxing your letters of protest to the authorities stated below. Best regards, Bjoern Skolander ILGA e-mail action support coordinator actions@ilga.org HOW TO JOIN THE EASY-TO-PARTICIPATE EMAIL/FAX ACTION: 1. Address your mail to: actions@ilga.org 2. Write your NAME, ADDRESS (snailmail), etc in the body of the message. 3. The letters of protest with all signatures will be faxed on November 20, 1996. Please post your participation before that date. 4. You can also respond individually by faxing or posting your own letter of protest to the authorities stated below. ******************************************************************* ILGA EMAIL ACTION #96:5: GAY ASYLUM RIGHTS IN THE NETHERLANDS SUBMITTED BY: Michiel Odijk on behalf of RozeLinks (the Pink Left). The platform for sexual diversity in the Dutch Green Left party (GroenLinks). P.O. Box 8008, Postal code is NL 3503 RA Utrecht The Netherlands. RozeLinks can be reached by calling Michiel Odijk: +31 30 273 26 27 or faxing Michiel Odijk: +31 30 271 05 12. BACKGROUND: Once again, asylum policies in the Netherlands have been restricted. We, in RozeLinks, are very concerned that it will also affect lesbian and gay, transvestite and transgender asylum seekers. We know of some cases in which during first contact, the unwritten rules for Dutch officials with gay asylum seekers have been violated. Because these rules are 'gentlepersons agreements' and not laid down in legislation, it is difficult to act against these violations. Moreover, our delegates in the Parliament tell us that having an open debate in Parliament would even endanger what is left of the policies. Xenophobia is alive and well in our parliament too.=20 Therefore, we would like an ILGA action on this topic. We have made up a text for a protest letter. It should be not too harsh, because that would be improper and ineffective, but we think that it is very necessary to have some foreign attention (by pro-lesbian/gay groups) drawn to the Dutch asylum policies. Here's the text: ------------------------------------------------- ------------------------------------------------- LETTER OF PROTEST: (Please note that the titles for Ms. Schmitz and Mr. van Mierlo are correct: mr. is a Dutch title (master) for people who have graduated their study in law. Both Elisabeth Schmitz and Hans van Mierlo have studied in law, and that's why I included their titles.) To the Ministry of Justice=09 Ms. mr. E.M.A. Schmitz, vice minister=09 P.O. Box 20.301 NL 2500 EH The Hague Netherlands copy to: the Minister of Foreign Affairs Mr. mr. H.A.F.M.O. van Mierlo P.O. Box 20.061 2500 EB The Hague Netherlands Dear Madam/dear Sir, With this letter we want to express our concern about the situation of lesbian, gay, bisexual, transvestite and transgender asylum seekers in the Netherlands. The Dutch are known all over the world for their tolerance, open minds and support to human rights cases in other countries. Therefore, we were shocked by information about the present practice in the Dutch asylum procedure. We have been informed that asylum requests have been denied, because the issue of homosexuality and persecution had not been mentioned during the very first contact with Dutch asylum officials. Also, we have heard that the Netherlands has declared some countries =91safe countries', including countries in which homosexuality is not only forbidden by law, but also severely prosecuted. This practice strikes us as a procedure opposing to the Dutch anti-discrimination policies. As far as we know, the Netherlands can grant asylum to people who have a well-based fear of being=20 imprisoned or threatened with violence or death because of their homosexuality. There is also information that the Dutch former minister Kosto, when responsible for asylum procedures, has declared that it would not be fair to expect that people who have severely been threatened because of their homosexuality and in whose country homosexuality therefore is something very secretive, would be completely open about their homosexuality and the persecution in their very first contact with Dutch officials during the asylum procedure. It seems now that such views have been forgotten. We would like to ask you following questions: =95 is it correct that the Netherlands (still) adhere to a policy by which well-based fear of persecution because of homosexuality is recognized as a ground for asylum? =95 if so, do you share our concern that in practice this policy is not carried out very well? =95 do you intend to take measures so that that the practice will follow these principles more accurately? We would be very grateful if you could reply to this letter. Thanking you in advance for your reply. Kind regards,