International Commission of Jurists' guide "essential reading for all refugee law practitioners"
The International Commission of Jurists (ICJ) last week published a practitioners' guide on refugee status claims based on sexual orientation and gender identity.
The 312-page guide can be read here.
The guide was researched and written by Garden Court Chambers barrister Louise Hooper, and by ICJ's Livio Zilli.
The practitioners' guide is intended to provide both legal and practical interpretative guidance on refugee status claims based on sexual orientation and gender identity to:
- legal practitioners representing individuals;
- others who assist refugee claimants, whether in a professional or voluntary capacity, including members of non-governmental organizations;
- decision-makers within refugee status determination authorities and members of the judiciary presiding over claims to refugee status;
- officials within government departments issuing asylum policy guidance and instructions;
- UNHCR officials both within the Division of International Protection and those who carry out refugee status determination under the agency's Statute; and
- refugee claimants themselves.
According to the ICJ, sexual orientation and/or gender identity is an area of refugee law where the application of the refugee definition remains inconsistent, as it is complex and fraught with both substantive and procedural challenges.
The ICJ's practitioners' guide describes both in general and specific terms each element of the refugee definition under the Refugee Convention that is critical to understanding and doing justice to claims based on sexual orientation and/or gender identity.
The structure of the practitioners' guide follows the relevant elements of the refugee definition in Article 1A(2) of the Refugee Convention, namely: well-founded fear; persecution; for reasons of; membership of a particular social group; and failure of State protection.
Alice Edwards, the former UNHCR Chief of Protection Policy and Legal Advice, says in the foreword that the guide is an "excellent resource to support practitioners in being able to advocate more effectively for their clients."
She continues: "The guide is easy-to-read, conveniently structured around the elements of the 1951 Convention refugee definition and draws on a wide range of case law from multiple jurisdictions. Most importantly, though, it tackles without bias a wide number of legal issues, providing insights and tips for practitioners seeking to challenge the exact parameters or applicability of existing legal precedents or to finally settle some still unresolved legal questions. I believe the International Commission of Jurists and the authors, Louise Hooper and Livio Zilli, have achieved the ambitious objective of the Guide of providing 'enduring legal and practical advice', notwithstanding that the field is 'fast moving and constantly evolving'. I would recommend the Guide as essential reading for all refugee law practitioners."
Garden Court Chambers says the authors of the "vital guide" hope it will "add much-needed clarity and direction, and will help ensure that those who are entitled to protection because of their sexual orientation or gender identity will be rightly recognised as refugees under the Convention."