Are We Home Yet? : An Exploration of Queer Narratives of Forced Salvadoran Migrants

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Are we home yet?

An Exploration of Queer Narratives

of Forced Salvadoran Migrants

Nullens Céline

Supervisor: Betemps Caroline, Gender Studies, LiU

Master’s Programme

Gender Studies – Intersectionality and Change Master’s thesis 15 ECTS credits

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ABSTRACT

This thesis will explore how LGBTQ*-Salvadoran applicants for international protection experience the influence of their own sexual orientation and gender identity in relation to the underlying motives behind their migration. In addition, it intends to draw some conclusions from the respondents' statements, gained insights from observations and what was found in literature.

For this, two Salvadoran LGBTQ*- applicants for international protection, who applied for asylum in Belgium in the year 2019, were interviewed. Their discourses were analysed by using a thematic analysis.

The study exposes the narratives and motivations which led them to flee their homeland and find a new life in Belgium.

Keywords: Queer asylum; LGBTQ* migrants; asylum seekers; refugees; forced migration; El Salvador; Belgium

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ACKNOWLEDGEMENTS

There are many people who without which this thesis would have never been possible. Firstly, I want to express my sincerest gratitude to the respondents who participated in my research. While I cannot name names, my project would not have existed without your generous sharing of experiences, knowledge and thoughts. Thank you for trusting me. Secondly, a word of thanks to Caroline Betemps, my supervisor, who provided me with an abundance of help and support throughout the writing process. Thanks to your attentive reading you contributed with many important perspectives.

I would like to thank my wonderful colleagues at the NOCHH. It is through your valuable contributions and insights that this thesis is what it is today. Thank you for giving me the chance to write a Master’s thesis whilst working fulltime and for the endless switching of shifts.

Last but surely not least, I am grateful to my family for their unconditional and unlimited love, faith and support.

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Every minute in 2018, 25 people were forced to flee

1

I have daily encounters with about 700 of them.

Over 70 million people worldwide are on the run. Nearly 26 million of them are situated outside their country of origin. People are fleeing for reasons such as war and violence, political or religious conviction.

Additionally, in recent years an increasing number of people have applied for (and have been granted) asylum on the grounds of Sexual Orientation and Gender Identity (SOGI). One of the European countries where sexual and gender rights are well protected, according to the European Migration Network (2016), is Belgium. Belgian asylum authorities tend to recognise asylum applications which raise fears of persecution on grounds of sexual orientation or gender identities.

Since I am a social worker in a Belgian collective reception centre for applicants for

international protection2_{, my thesis topic was bound to be set in the intersectional complexity}

of forced migration. As a result of my own personal interest, not in the least influenced by my studies in Gender and Intersectionality, my focus lays closely with LGBTQ*3_{- refugees.}

Though our centre only has a limited number of applicants based on SOGI-claims (of whom we are aware), I strive to support and assist this stigmatised and particularly vulnerable community within the asylum system to the best of my abilities.

It was from this professional point of view that I noticed that there was very little academic knowledge available about forced queer migration, from both a professional as a personal outlook. It was from this lack of academic expertise that I decided to engage this research.

1_{United Nations High Commissioner for Refugees. 2019. UNHCR Global Trends: Forced Displacement in 2018.} 2_{‘Applicant for International Protection’ refers to individuals who left their home country and request protection in a}

different country. This expression is used to avoid the negative connotation associated with the former term ‘asylum seeker’ and the generalisation of the term ‘refugee’. In order to ensure readability, the term 'applicant' will generally be used throughout this thesis.

3_{LGBTQ*: The acronym for Lesbian, Gay, Bisexual, Transgender and Queer. Since ’LGBTQ’ by no means covers all}

expressions of sexual orientation and gender identity (SOGI), the term is extended by adding an asterisk*, in order to respect and involve all people.This research will use the expression “LGBTQ*” and the comprehensive term “queer” throughout.

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This dissertation will mainly focus on the personal experiences and narratives of LGBTQ*- migrants from El Salvador, using intersectionality as an analytical tool to help explain the multiple intersections that can affect an LGBTQ*-applicant for international protection. Their individual stories, gathered from interviews, will be the main source of material throughout this thesis, with a pronounced emphasis on the motives to flee their country.

I specifically opted for a Salvadoran-oriented focus, given the number of Salvadorans applying for asylum in Belgium has increased tenfold in the last five years. This increase resulted in El Salvador taking second place in the top three countries of origin of applicants for international protection, determined by The United Nations High Commissioner for Refugees (UNHCR), at the end of 2019. Since this massive displacement only occurred rather recently, again limited research has been carried out into the effective motives and consequences for this particular group.

This thesis will thus explore how LGBTQ*-Salvadoran applicants for international protection experience the influence of their own sexual orientation and gender identity in relation to the underlying motives behind their migration. In addition, it intends to draw some conclusions from the respondents' statements, insights gained from observations and what was found in literature.

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AIM AND CENTRAL QUESTIONS

With the interviews done with LGBTQ*-applicants for international protection, this thesis aims to explore and identify what factors made them migrate from their country of origin. With this thesis I intend to uncover the possible specifics on the intersection of being a person that identifies as LGBTQ* and at the same time is an applicant for international protection in the Belgian context. In this way, it could also possibly provide other social workers or employees involved within the Belgian asylum bodies with a specific impression of the currently well-represented group of Salvadoran applicants for international protection within our field of work.

By analysing the narratives and insights of two queer applicants with a similar fleeing story, this thesis aims to uncover the very processes and complexities on how one’s sexual

orientation or gender identity could influence the migration process.

Moreover, I hope to provide a clear, yet condensed, outline on how the Belgian asylum authorities operate, in order to give outsiders an idea of the lengthy and extensive research that precedes the granting of the refugee recognition and a residence permit.

Furthermore, I hope to contribute to the yet not extensively explored literature on queerness and the LGBTQ*-intersection within the lengthy process towards international protection, an audience which has not yet been widely or extensively discussed academically.

In order to do so, I will try to answer the following overarching research questions that guide this project:

To what extent does one’s sexual orientation and gender identity contribute to the decision to flee one’s home-country?

Are initial expectations in regards to life in Belgium fulfilled, approached from the perspective of two LGBTQ*-applicants for international protection from El Salvador?

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These questions will be approached with an understanding of intersectionality, paying special attention to when the respondents' narratives touch upon sexual orientation and gender

identity (SOGI) – motives at the intersection with other social positions.

The respondents' own intersectional identities will only be explicitly stated in the analysis whenever these have been addressed in the interviews, but further left outside the text, taking into account the limited scope of this research, which mainly focuses on SOGI-claims as an analytical category.

REVIEWING EXISTING LITERATURE

Migration is one of the great issues of our time. During the year of 2015, more people than ever before were forced to flee their home countries due to violence, persecution and impoverishment caused by global inequalities from all over the world. It is therefore quite predictable that, over the past decades, academics have been concentrating on studying movements and enforced migration that has been taking place all over the world. In recent years, however, some scholars have also been focusing on LGBTQ*- applicants for international protection.

Since this paper is situated at the intersection of research on sexual orientations and gender identities on the one hand, and on migration on the other, this section will explore empirical studies on forced migration and queer migration. But firstly, this requires an analysis of the term LGBTQ*.

LGBTQ*

Sexual orientation and gender identity are complex and not to be mistaken concepts. Sexual orientation refers to the feeling of sexual attraction to someone of a certain gender. Judith Butler (2006) draws on lesbian and gay views as a discursive product, and that these are being used to imply that heterosexuality is a limitation and parody issue, as opposed to a natural product of sexed and gendered bodies, and in essence, is unstable. Butler also takes from the views of gay and lesbian sexualities, as well as desire, and suggests that

reproductive heterosexuality is a normative ideal and as such fictional. She suggests it is manifested as fiction by gender discontinuity in lesbian, gay, bisexual and heterosexual

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A common initialism used to describe particular groups marginalized on the basis of sexual orientation or gender identity is LGBT, representing lesbian, gay, bisexual and transgender people. The exact sequence of letters in the initialism varies: usually the letters Q (queer), I (intersexual) and A (asexual) are sometimes added, as well as a + (plus) and * (asterisk) sign to signify other categories that are not listed in the set of letters. For instance, the United Nations High Commissioner for Refugees (UNHCR) uses LGBTI, because persecution on the basis of intersexuality can also be a ground for asylum (UNHCR, 2012). I have however decided not to use the term LGBTI since as far as I am aware (although this does not imply it is impossible), there are no intersex people in my sample, and only including a letter for inclusion when people are not actually represented is also prejudicial. I chose to use the term LGBTQ*, Q standing for queer. By including the Q in the signifier, I also acknowledge that not all people necessarily identify with the LGBT category.

I do however acknowledge that the usage of LGBTQ* or similar expressions is not uncontroversial. Particularly where studies on migration or transnational relations are concerned, it could be problematic to favour this set of westernised terms over other terminology. To recognize this, some authors use other terms, such as SOGI (sexual

orientation and gender identity) such as Murray 2016, which is a more general term and does not place any specific labels on people's identities. Besides LGBTQ* I occasionally use the word 'queer' as a signifier, with which I try to resist the normative and Western identity markings that the use of LGBT can imply (Warner, 1993; Luibhéid, 2005).

FORCED MIGRATION

An estimated 13.6 million people were newly displaced due to conflict or persecution in 2018, with an average of 37 000 people a day being forced to flee their homes. As a result, the world’s forcibly displaced population in 2018 remained yet again at a record high: 70.8 individuals. By the end of 2018, about 3.5 million people were awaiting a decision on their application for asylum (United Nations High Commissioner for Refugees, 2019).

According to Samers (2010) there are several different theories to why people migrate and the concept is studied through different angles. To understand why people migrate may be explained with a process of global structural inequalities. An international migrant is someone who individually decides to migrate and live somewhere else than in their country of origin for a longer period of time. For instance, a migrant would differ from an asylum

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seeker or a refugee, who often move due to war, poverty, climate change or discrimination (Castles, Miller, & Ammwndola, 2005).

Forced migration is where the migration is originated in countries that have been undergoing radical change for longer or shorter periods of time, politically, socially or religiously, with or without direct violence (Rohlof & Jasperse, 1996). Ordinary rules and everyday requirements change. Violence, terror and a constant sense of insecurity and threat have replaced the historically and culturally predictable course of ordinary social life (Blackwell, 1993). Potential consequences that could derive from such processes could, for example, be counter-violence, the formation of subcultures or fleeing to a foreign country. Often these processes occur in combination or consecutively. To flee means in many cases leaving behind family and friends and the community as a whole (Amnesty International, 2015).

In many migrant communities there is a great issue of exclusion culturally and especially within employment, housing and school. This will contribute to a lot of difficulties for

migrants who try to fit in in their new society. Some migrants reject on exclusion by adapting to the new culture fully and by doing that navigating and negotiating with their own identity, while others become hostile towards their new country they are living in and reject the new countries values and culture (Samers, 2010).

There are several definitions of migration and these are constantly changing, usually because it is carried out by a lot of different individuals (migrants) under many different conditions (Weeks, 2007).

However, the population of forced migrants is extremely diverse, not only in terms of country of origin, but also in terms of gender, age, class and motivation for migration. One of these groups are sexual and gender minorities, whose reasons for migrating are often (partially) linked to stigmatisation, which hinders their travel, since leaving their home does not

necessarily mean preventing discrimination (Lee & Brotman, 2011). This is when we refer to ‘queer migration’.

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QUEER MIGRATION

History shows that minorities are often persecuted, as are gender and sexual minorities. In many countries, the human rights of LGBTQ*- people are being violated; same-sex sexual acts are still punishable in more than 80 countries, laws against ‘immoral or indecent

behaviour’ are applied in many others (Jansen, 2013, p. 6-7). The legislation in half of these 80 countries originates from the British colonial era (Lee & Brotman, 2011, p. 244). During the period of colonization of the African and American continents from the 16th_{up until the}

19th_{century, strict rules and standards of behaviour were set to 'protect' the settlers from}

'moral decay' (Lee & Brotman, 2011, p. 245).

Because of the violence, abuse and social exclusion, many LGBTQ*- people are forced to leave their homeland in search of protection. Alessi, Kahn and Chatterji (2016) speak of forced migration.

Migration to countries that accept sexual and gender minorities can offer a solution for this LGBTQ*- group. Article 1-A of the United Nations Convention on the Status of Refugees in 1951 states that people who belong to a particular social group and who have a well-founded fear of persecution because they are part of this group must be protected as refugees (Jansen, 2013, p. 1).

The reunification of migration and sexuality in the 1990s resulted in the field of queer migration (Lee & Brotman, 2011, p. 244). Queer migration produces knowledge about the migration of applicants who are part of gender and sexual minorities and often migrate from the global south to the global north.

Because LGBTQ*- applicants have often experienced repression based on their multiple intersecting identities, their traumas are usually quite complex and the asylum process may traumatize them again, as they often have to establish that they have been persecuted before and why they run the risk of returning to their country of origin for further persecution (Shuman & Bohmer 2014).

In addition, they have to prove that they are 'plausible' refugees for various asylum systems, which for LGBTQ*- people often requires them to make their sexual orientation or gender identity credible (Murray, 2014).

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As a result, the asylum process can have an influence on the narratives and identities that LGBTQ*-applicants and refugees use to describe themselves (Lee & Brotman, 2011). The intersection of being LGBTQ* and being a migrant, remains predominantly understudied. Especially the area of queer asylum exposes specific matters of power,

privilege and oppression, as it features a specific process between nation states and migrants (Luibhéid, 2008).

THEORETICAL FRAMEWORK : INTERSECTIONAL COMPLEXITY IN MIGRATION

In theoretically grounding this work, I will be using an intersectional framework.

Intersectionality has acquired an enormous traction in social scientific analyses across various disciplines due to its conceptual open-endedness (Davis, 2008).

It draws attention to the fundamental requirement to see people as simultaneously positioned in social locations and to emphasize the power relations that underpin these intersections in daily experiences, as well as in social and institutional practices. This intersectional approach is especially revealing when one is striving to comprehend and assist immigrant and refugee LGBTQ*- people.

Queer migration academic Eithne Luibhéid describes the practice of intersectionality within queer migration studies as a manner of " understanding sexuality as constructed within multiple, intersecting relations of power, including race, ethnicity, gender, class, citizenship status, and geopolitical location" (2008, p. 170). This means that sexuality is perceived as having an effect on all migrants - not merely on those who would identify themselves as 'queer'.

Intersectionality has been applied in a wide variety of fields, mainly those that are engaged, one way or another, in the study of power relations (Lykke, 2010).

Coined by feminist, critical race theorist and law professor Kimberlé Crenshaw (1989), who found its roots in the activism of black women in the United States of America. Crenshaw claimed that oppression can originate from many different directions, or various subject

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One way to use intersectionality as an analytical tool is to "ask the other question", a phrase thought of by Mari Matsuda (1991, p. 1189). This is based on the concept of looking further than the most evident form of oppression. Intersectionality helps acknowledging that people may face oppression and privileges from different directions and that these may or may not interact with each other, but also that these structures may change. It therefore certainly does not intent to stratify identities, or categorize people over specific characteristics.

The intersectional perspective enables the analysis of the fluidity of power moving within social divisions, making it possible to analyse identity from different kinds of subordinates through a multi-layered lens (Lykke, 2010, p. 75). This makes that intersectionality should be seen as an entry, leading to open research, rather than as a closed concept.

Through this approach, the social divisions to which the LGBTQ*- migrants of this study are subjected are not only attributes and entities of their subjectivity, but are perceived as

"events, actions and encounters, between bodies" (Puar, 2012).

In other words, the intersectionality, the interconnectivity of social antagonisms, is something that is carried out in society, built on socially constructed norms. We carry out gender,

sexuality, normativity, equity and so on through the power we exercise and undergo. I use intersectionality as a guiding principle throughout this thesis, even if I don't always mention this explicitly. My attention is situated at the intersection of LGBTQ* and being an applicant for international protection in Belgium, but I also take into account other factors that might influence this population.

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CONTEXTUALIZING THE DEBATE

Given this thesis will explore how LGBTQ*-Salvadoran applicants for international protection experience the influence of their own sexual orientation and gender identity in relation to the motives behind their migration, some background is necessary to provide context.

As the premise of this thesis is primarily based on the data gathered through interviews with the respondents, I will be using extracts and statements from the interviews to further illustrate this background section.

HISTORICAL AND CULTURAL CONTEXT : EL SALVADOR

In this first section, we will firstly look into how the migration climate has evolved in recent years, how gangs significantly affect daily living and to which extent El Salvador is able to endorse LGBTQ*- rights.

Migration Flow

Migration out of El Salvador is characterised by a history of civil unrest, external

interferences and deep-rooted social inequalities. With about 6.4 million inhabitants, the country is the smallest in Central America by territory and yet the most densely populated (Abrego, 2017).

The latest asylum statistics published by the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) in Belgium show a remarkable increase in the

Salvadoran number of applications for international protection in 2019. Whilst there was only a mere total of 230 Salvadoran applications in Belgium in 2018, this number was established at a remarkable 1369 in 2019.

As a result, El Salvador ranked a prominently second place in the top countries of origin of refugees in Belgium in February 2020 (CGRS, 2020), situated right after Afghanistan, a country who is in a continued war since 2001 (Jones, 2010), and that since 2011 has consistently been ranked among the top three countries of origin for applicants for international protection in Belgium.

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So many people I know are migrating from El Salvador, from Central America in general. Before, people only fled to the United States. They would cross the desert and the river, many people died there or became victim to human trafficking. But more people are realizing they are able to come to Europe, which is much safer than going through the desert, and getting deported once you get to the United States.

- Miguel, 25.

However, it is not the first time that such a migration flow has taken place from El Salvador. Many Salvadoran people have been moving away over the past two decades due to economic stagnation, natural disasters, and a high level of various forms of uncontrolled violence. The latter is partly the result of the largest immigration wave that occurred as a result of the Salvadoran Civil War in the 1980s, in which 20%–30% of El Salvador's population

emigrated. The vast majority of this group, compromising about 500 000 people, fled to the United States, according to Halliday (2006). The later deportation of this group from the USA in the early 2000s was the onset of today's gang activity in El Salvador, more on that in the next section.

Gang Culture

Gang violence in El Salvador has been going on for many years. The country has one of the highest homicide rates in the world and its corruption is ubiquitous, according to the World Bank (2020).

In 1996, gang activities made San Salvador the most dangerous city in the Western Hemisphere. In 2015, the number of murders per 100 000 inhabitants was 105, one of the highest figures in the world according to the World Bank.

You get used to seeing dead people in the streets, since it happens so often. A girl I grew up with was killed in

front of my eyes. They shot her maybe five meters away from me, I saw how she dropped dead. In total I have maybe seen five, six people being killed in front of me, I don’t even remember.

- Miguel, 25.

Two rivalling street gangs terrorize and control nearly everything in El Salvador, from the highest regions of society to the smallest communities (Olate et al., 2012).

La Dieciocho (The 18) and Mara Salvatrucha (MS-13) were founded by immigrated Latinos

in the American city of Los Angeles at the end of last century. Among them were many Salvadorans who had fled the civil war in their country in the 1980s. In the US, though, many failed to build a new life. Crime, however, did bring in some money, but also the sense of

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belonging drew many people to gang formation. They were part of something, in a foreign country far away from their homes (Wolf, 2017).

It was not until the early 2000s, when gang members were deported back to their respective homelands by the United States, that gangs began to grow in El Salvador and neighbouring countries. Since then, it has transformed the northern part of Central America into the region with the most homicides in the world (Zilberg, 2011). Although the gang violence was introduced from the USA, the widespread inequality and lack of punishment in Salvadoran society are considered a lethal combination. Later, young Salvadorans increasingly became involved with gangs, as these groups provided them with the financial opportunities and social resources that the government continued to systematically deny them (Ward, 2013). The gangs, they’re like a pandemic in El Salvador. They pop up everywhere, like a virus.

- Fabio, 30.

According to the Human Rights Watch (2018), approximately 60,000 gang members are present in El Salvador, which makes the Salvadoran state officers outnumbered, they have about 52,000 officers. Besides, police officers are just as much being threatened and murdered by the gang members, which has a sinister explanation, according to Katz et al. (2016). For each policeman they murder, they get a tattoo on their body. It's a means of rising within the ranks of the gang.

This manner in which they can somewhat control the police, enabled the street gangs to enforce their territories’ borders and extort and gather intelligence on residents and those transiting these areas, particularly around public transport, schools, and markets, Hume states (2004).

“I used to live in a residential neighbourhood, where the left side was ruled by ‘the MS’, and the right by ‘The 18’. If you’d move between these areas, there’s two things that could happen. If you make it out alive, it means God was merciful on you. The other, more plausible thing that could happen, is that you leave that place in a body bag. One cannot walk to, or visit another area.”

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Gangs kill, kidnap, rape, or displace those who defy them, including government officials, security forces, and journalists. The Human Rights Watch state that they “forcibly recruit children and subject women, girls, and lesbian, gay, bisexual, and transgender individuals to sexual slavery” (“El Salvador: Events of 2018”, 2019.).

(…) I had to do it. After he finished, he told me: ‘You’re very lucky that I liked that. From now on, we have the authority over your life. Every time someone from us wants to have sex with you or do anything to you, you’ll have to say yes’.

- Miguel, 25.

Being Queer in El Salvador

Being gay in El Salvador, you couldn’t hold hands with your partner, or kiss or caress each other in public. People will definitely bully and haunt you. They’d call you out on it and express how perverse and sick ‘our kind’ is, because that’s how they perceive us.

- Fabio, 30.

Gender relations and identities are heavily impacted by the interaction of categories, such as ethnicity, race and class, which influence individual gender identities and norms (Lykke, 2010). Gender relations in El Salvador are influenced by its colonial heritage, as traces of its impact can still be found in today’s social and legal gender structures (Mignolo, 2003). These heteronormative and patriarchal gender-based structures were first introduced by the colonizing Spaniards, constructed from Christian norms (Beattie, 2002), which we can still observe in the Salvadoran community to this day.

Once the police officer came back to the room, he told me he wanted to tell me something off the record; ‘As a Christian, I want to tell you how I think of you. I’m sure you are aware that God states that a man being with a man is a sin. You know the way you’re living your life is wrong. However, I like to believe that God hands us these tests to overcome, so we can return to God in the right form, in the right way. You know in your heart that this is not right. I advise you to go to a church and that you ask Jesus to change you, and that you accept Him in your heart. Because if you have done that – and they [the gang members] kill you, at least you will go to heaven and not to hell’.

- Miguel, 25.

Chaux and Léon (2016) argue that the policeman Miguel encountered in the excerpt mentioned above, possibly maintained a homophobic stance originating from a religious rationale in which one believes that homosexuality is a sign of immorality.

Beattie (2002) believes that these structures form the foundation of the extreme gender stereotypes of machismo that continue to influence gender identity in contemporary

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El Salvador. Machismo implies the role of a powerful, dominant, superior and highly sexual being to men.

This may explain the heteronormative and patriarchal behaviour of gang members, as research by Corrales (2015) indicates that homophobia is primarily the outcome of an aversion to behaviour that deviates from conventional gender roles. This mainly concerns ‘feminine behaviour’, visible ‘manifestations’ of queerness and the fear of being seen as an ‘object of lust’ by homosexuals (Corrales, 2015).

When he was inside my house he told me: ‘At this point, I’m sure by the manner we talk to you, you are aware that we know that you’re gay. I bet you know that’s not right, and we as members of The 18 don’t allow that in our neighbourhood. You’re disgusting and we’re definitely not going to tolerate this’.

- Miguel, 25.

Article 56 of the Constitution of El Salvador (2010) states: ‘All forms of discrimination on grounds of gender identity and/or sexual orientation are prohibited in the activities of the public administration’.

However, according to the personal experiences of the two interviewees, this legislation seems to be hardly implemented by the authorities. Same-sex marriage, for instance, is not recognized in El Salvador, as Article 33 of that same Constitution defines family relations as the "stable union of a man and a woman”, and also police officers publicly express strong opinions about it, according to the respondents.

I went to file a report last year [an assault with attempted rape], just before I came to Belgium, and I was told that my complaint did not exist. I was just not taken seriously. (…)

It’s public knowledge that police and military beats up and have even killed LGBT people, and especially transgender people. It’s all so very corrupt. The first article of the constitution claims one’s right to live should not be violated, however, no gay life gets their respect, young or old.

- Fabio, 30

Furthermore, it is indicated by the respondents of this research, queer people in El Salvador are discriminated against, ill-treated, marginalized, and persecuted. According to Davis et al. (2020), LGBTQ*- individuals in El Salvador are targets of homophobic and transphobic violence, including aggression committed by police and gang members. Since 1994, over 600 LGBTQ*-people have been killed (Human Rights Watch, 2019).

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My best friend in the work place, he lost his brother because of the same thing that happened to me, because he was gay. They [the gangs] killed him a few years ago. They never found the whole body, just some of his limbs. - Miguel, 25.

THE QUEER ASYLUM PROCESS IN BELGIUM

In this section I will briefly explain the terminology used within the asylum institutions. Furthermore, a brief overview is given on how an asylum procedure can be carried out in Belgium, including how the policy on LGBTQ* has been implemented in these bodies.

Terminology

The issues addressed in this thesis are complex, and the range of vocabulary used around them reflects this complexity. Therefore, I will discuss which specific terminology I (do not) use, depending on the contexts in which I find myself as well as the theoretical frameworks. The use of language is key, and the specific usage of words over other words is in itself always an act of power. That is why I will discuss the terms ‘refugee’ , ‘asylum seeker’ , ‘applicant for international protection’ and ‘illegal’ here.

As stated by the UN Geneva Refugee Convention of 1951, a ‘refugee’ is someone who: [Is] owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country.

An ‘asylum-seeker’ is, in se, an individual whose request for sanctuary has not yet been finally decided on by the country in which he, she or they have submitted it. Thus, not every asylum-seeker will ultimately be recognized as a refugee.

A large number of changes regarding terminology came into force in 2018. This modified the wording related to asylum, where "asylum seeker" is now referred to as "applicant for

international protection”. With this adapted term one tries to avoid the negative connotation of the term ‘asylum seeker’ and the generalisation of the term ‘refugee’. After all, not all applicants obtain asylum, just as not all asylum seekers are recognised as refugees.

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This adjustment also removes the negative connotation of 'asylum' being linked to a person, which can be derived from the somewhat archaic circumstances of former psychiatric

institutions. One does, however, still refer to ‘the asylum process’, as well as ‘the application to international protection’.

One should also steer away from the widely spoken term "illegal" to describe an applicant for international protection, refugee or migrant. Judicially and ethically, an act can be legal or illegal, but a person cannot. Moreover, entering a country in an irregular way, or residing with an irregular status, should not be considered a criminal offence, but a breach of administrative regulations (Chekovicha & Achkoskib, 2019).

Belgian Asylum Authorities

States have a duty to protect refugees’ rights (UNHCR, 2018). The bases of these rights are found in the 1951 Geneva Convention and its Protocol, which became the cornerstone documents for the international protection of refugees. Within the UN System, the key agency involved in protecting refugees is the United Nations High Commissioner for Refugees, or UNHCR.

According to them, national asylum systems are in place to determine who qualifies for international protection. In this part, we will discuss the three main asylum authorities in Belgium.

Next, I would like to briefly explain which stages an application for international protection goes through. After all, considering the current statistics, it appears that there is no immediate prospect of an ending to the inflow of refugees into Europe, and I consider a condensed awareness of the complexity of this process to be of importance for everyone. One reason being that many seem to have a rather inaccurate idea about what it entails, such as the idea that an asylum application can be completed without too much hassle and within a relatively short period of time (Deconinck, 2017). This overview is, however, still extremely limited in view of the scope of this research, but provides a sufficient framework to comprise the overall asylum procedure.

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The Belgian Asylum Process

When you apply for international protection in Belgium, you do so at Dienst

Vreemdelingenzaken (DVZ, translated to ‘The Immigration Office’). They register all asylum

applications and is therefore the first stop in the asylum procedure. They also conduct a short initial interview regarding the reasons one had to flee, which is the basis for a subsequent interview at the Commissary General for Refugees and Stateless Persons (CGRS). In awaiting the further procedure, an applicant shall be assigned to a collective reception centre. In Belgium, a total of approximately 25,000 reception places are provided. They are accommodated with shelter and food, clothing as well as social, medical and psychological support, a daily allowance (pocket money) and access to legal assistance and services such as interpreters and schooling.

If it is established that Belgium, and none of the other 27 EU-state members, is responsible for handling the application, the DVZ transfers the file to the Commissariaat-Generaal voor

de Vluchtelingen en de Staatlozen (CGRS, translated to ‘The Office of the Commissioner

General for Refugees and Stateless Persons’). They are able to grant asylum and issue

documents to people fleeing persecution, war or violence. This decision precedes an elaborate interview (often up to half a day or longer) with the applicant, a translator and a protection officer. However, both the waiting for an invitation to be interviewed, and the time between being interviewed and the effective decision can range from several weeks, up to, in some cases, several years. The CGRS can grant an applicant recognition as a refugee, grant subsidiary protection or refuse protection. The first two outcomes are the positive decisions. A refugee is recognised if they meet the criteria of the Geneva Convention. Subsidiary protection is a temporary residence status that is automatically renewed unless the

Commissioner General for Refugees and Stateless Persons withdraws it. After five years it is converted into a permanent residence status (CGRS, 2020).

If the CGRS takes a negative decision, you can file an appeal with the Raad voor

Vreemdelingen-betwistingen (RVV, translated to ‘Council for Alien Law Litigation’). This is

an independent administrative court with jurisdiction to hear appeals against decisions taken by the Immigration Office (decisions in immigration cases) and the Office of the

Commissioner General for Refugees and Stateless Persons. The RVV can either confirm the decision of the CGRS, annul it, or make a different decision.

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I would like to emphasize that this thesis concentrates on how LGBTQ*- applicants are moving through the Belgian asylum structures, but the very same legislation ought to be implemented throughout all 27 EU-state members, as they have to abide by the 1951 Refugee Convention, established by the United Nations at the Geneva Convention.

The System of LGBTQ* Protection

In the wake of the so-called refugee crisis, many have left their homes for various reasons, whether it be persecution due to religious beliefs or journalistic, political or even artistic activity.

Today, as noted by the 1951 Convention, a fear of persecution is still a key driver

of flight, but the interpretation of “persecution” has evolved. For example, it now includes sexual orientation. Like anyone else, some refugees may be vulnerable due to the trauma they have fled or marginalized because of their age, health, gender or sexual orientation.

In recent years, more and more people have applied for and been granted asylum in Belgium, on the basis of their sexual orientation and gender identity (SOGI). Belgium is considered one of the European countries where sexual and gender minorities are most well protected and where authorities tend to recognise asylum applications that invoke fear of being

persecuted on grounds of sexual orientation or gender identity (European Migration Network, 2016). With this, I by no means want to indicate that every applicant with a SOGI-claim naturally receives protection status in Belgium. Accordingly, in Belgium in 2019, 569 people who gave SOGI as a reason for their application for international protection received a decision from the CGRS: 54 percent received a refusal and 46 percent a protection status (CGRS, 2019).

After all, Vluchtelingenwerk Vlaanderen (2020) states in their report on the Belgian asylum process, that an extensive procedure precedes recognition as a SOGI-refugee. Applications with a SOGI-claim, for instance, are subjected to the so-called ‘Credibility and Justification Investigation’ by the asylum instances. By means of an elaborate, but non-invasive

questioning, the asylum authorities initially aim to determine the plausibility of the SOGI-claim. Among other things, questions include the discovery and experience of the SOGI and potential relationships.

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which the applicant would risk actual prosecution in the home country. Here, however, the person's personal circumstances and story are always taken into account.

Belgium was, among others, relatively fast in recognising same-sex marriage in 2003 and adoption for people of the same sex, as of April 2006 (Borghs & Eeckhout, 2007). In addition, at the time of writing, Belgium positioned itself in 2020 on a notable second place in The International Lesbian, Gay, Bisexual, Trans and Intersex Association Rainbow Map, just behind Malta. Although discrimination against LGBTQ*s still occurs in Belgium, it does show an appealing and friendly environment for fleeing LGBTQ*s, because of the strongly implemented legislation that safeguards the protection of queer people.

Another very significant reason for our specific target group of queer Salvadoran refugees to choose Belgium, might be because the so-called ‘degree of protection’.

As most Salvadorans who come to Europe flee from violence in their country and are often personally threatened, the degree of protection for Salvadoran applicants for international protection is very high: 97 percent of Salvadorans whose asylum applications in the first six months of 2019, were recognized as a refugee. This degree entails a short list of only four countries, currently including El Salvador, Eritrea, Libya and Syria (CGRS, 2020).

This degree of protection further entails that these applicants, with a nationality on this list and their procedure pending prior to the CGRS, can request a transfer to an individual social housing location after two months of residence in a collective reception centre, as these applicants have a high chance of being recognised as refugees.

The Belgian policy on LGBTQ*s is internationally recognised as an example of good practices. For example, LGBTQ*- requests for international protection in Belgium are dealt with by specialists from the gender cell of the Commissioner General for Refugees and Stateless Persons (CGRS). An action programme has also been implemented in the collective reception centres of the federal government, in order to provide appropriate assistance to LGBTQ*- applicants. This programme includes, among other things, the raising of awareness in society, support for the victims and the handling of complaints (Fedasil, 2019). In addition, there is an LGBTQ*- network for applicants in reception centres which holds monthly

meetings (Rainbows United and Oasis). Their travel costs are paid by the Belgian government.

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In addition, the federal government organises a series of actions and measures within the reception centres, e.g. by organising training courses, sensitising staff and residents... In larger reception centres, some staff members are the central spokespersons to address in regards to the theme of LGBTQ*. This means specifically that they assist their colleagues who might have questions about how to support their residents with a specific gender identity or sexual orientation, a subdivision of which I am a part of as well.

This chapter aimed to frame the central topic within my thesis by giving a concise impression on migration out of El Salvador, explaining how Salvadoran gang culture heavily influence present-day life and where El Salvador is in terms of meeting and implementing LGBTQ* rights. In addition, I tried to provide a tangible understanding on the Belgian legislative context on asylum policy.

METHODS AND METHODOLOGY

This section describes and motivates the research design and methods used in this thesis. In the first section, the research design and methods’ are argued for. Drawing from semi-structured interviews, it will also be shown how qualitative data collection will be implemented. I will also describe how the sampling strategy came about and how the

organizing of the interviews was implemented. Finally, this section will explore the use of the thematic analysis by Braun and Clarke (2006).

RESEARCH DESIGN

To achieve an adequate response to the research questions, I decided to implement a qualitative research design. Qualitative research was chosen because the complexity of the subject can be better captured. If structured questionnaires are not used, as is the case with quantitative research, this gives the opportunity to go deeper into some aspects of the issue (Richardson, 2000). Respondents are given more freedom and flexibility to determine the direction and the results of the research process within the scope of the research objectives themselves. This results in a richer dataset that can lead to hypothesis and theory formation in the analysis phase (Denscombe, 2007).

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There are some key components to a qualitative research. As Ritchie and Lewis (2013) argue, one is that its ambition is to provide a deeper insight in the social world of the research participants as well as it tries to make sense and learn about social and material circumstance, their perspective, experience and history.

Later in this chapter I will describe which sample strategies I maintained, as well which specific techniques I used. In addition, we will discuss how I went about finding participants, and the ethical dilemmas I hereby encountered. Lastly, it’ll be explained how these

interviews and strategies were practically translated and organised.

Semi-Structured Interviews

This thesis gathered its data from individual interviews with participants who fulfil the criteria of the case. The reason why interviews were preferred in this qualitative research method is because it highlights the motivation behind human behaviour and also helps to point out that all human beings have stories. When these are shared with others, it gives them meaning, according to Atkinson (1998).

Bryman (2011) claims that interviewing is the most common method within qualitative design, since there is a particular interest in the interviewee’s point of view. As a research method, they provide the space to reflect the personal experiences and insights of applicants for international protection.

For this qualitative research design semi-structured interviews were used. What is specific about this category of interviews, is that they are simply less structured; where on the one hand the topics were already prepared before the start of the interview and were presented in a logical order, while the question and answer formulation is not determined in advance, so that space is reserved to go deeper into certain topics (Drever, 1995). In this manner, the ‘rambling’ or going off topic was encouraged in order to see what the interviewee considers significant.

The researcher prepares a list of questions and subject that could potentially be covered during the interview, often referred to as an interview guide. These questions may not always be asked in the same order, since the interview may develop differently because the

interviewer may pick up on things that are said by the interviewees on the spot (Longhurst, 2003). Semi-structured interviews might also enclose deeper historical and contextual

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changes (Gorman-Murray, 2009), which are aspects that become distinctly significant when examining refugee’s experiences in them fleeing their country.

Sampling Strategies & Technique

What is often used in qualitative research, and in this thesis, is non-probability sampling. Non-probability sampling means that units are consciously selected to reflect any specific features of the sampled population. Ritchie and Lewis (2013) state that a study of such does not intend to be statistically representative, instead the characteristics of the population are used as a basis for the selection. This makes non-probability sampling particularly well suited to small-scale, in-depth studies. The value of qualitative research is to establish an

explanation or to provoke ideas about a certain topic. The samples therefore need to be relevant in relation to what is investigated.

The more specific sample technique used for this dataset, was purposive sampling (Robson, 2002). This means the researcher relies on their own judgment when choosing members of a sample to represent a key criteria. One of its fundamental aims is to ensure that as many key constituencies relevant to the subject matter, are covered.

The approach was to achieve a homogeneous sampling group, chosen to give a detailed picture of a particular phenomenon (Robson, 2002). For this instance, individuals who belong to the same subculture and social group4_{where chosen. Both interviewees identified as male}

and cisgender. Both men felt they had to escape their country of origin partly or mainly because of their sexual orientation. At the time the interviews took place, one of them had been granted asylum on the basis of sexual orientation or gender identity (SOGI) and is considered a 'recognised refugee'. The other man was still in the asylum procedure, invoking SOGI claims, and can be referred to as ‘applicant for international protection’.

Finding participants for this thesis was relatively straightforward and easy. From my position as a social worker in a reception centre for refugees, I must admit, addressing this target group might be much more accessible to me than it would be for an outsider. Especially since, given the sensitivity and intimacy of the subject, a possible relationship of trust was desired.

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This surely also raised some ethical issues. After all, an appropriate distance-proximity had to be guaranteed, given my professional position towards the respondents. Although I was never the individual counsellor of any of them, I knew them and conversed with them on a regular basis.

In the early stages of defining my thesis subject, I discussed the matter with one of my managers. We decided that I would obviously not be interviewing residents within the refugee centre. However, I would approach people who moved out of the centre because of a granted refugee recognition or because of procedural concessions, and ask them to interview them.

As the researcher, I did not seek to select sample to the research on an arbitrary basis. I rather had the intention to find suitable participants, who were relevant to the study. This study aspires to analyse LGBTQ*- applicants experience of their sexuality throughout their refugee process. In order to answer this objective, LGBTQ* applicants for international protection have been interviewed to determine these results.

Since I did not have a specific target audience in mind at first, I discussed the matter with my colleagues at the refugee reception centre. It was suggested that more knowledge on the subject as well the fleeing motives of LGBTQ* persons would be much valued, since this could benefit an optimal assistance to this stigmatised group.

As the Salvadoran population in the centre has increased significantly over the past year (as it has in several parts of Europe, as discussed before), a solid and well represented Salvadoran community has developed within the centre. I eventually decided to centralize applicants in this thesis, as this could benefit an optimal support of such a vulnerable group.

It is very difficult, if not inevitable for a researcher, to choose a subject for a qualitative research without having any kind of previous knowledge on the matter. Glaser (1998) implies that foreknowledge originated from how society is built upon normative knowledge of how we think, feel and behave. Despite the fact that some form bias cannot be completely

avoided, it is important to recognize and be mindful of them. In this thesis, for instance, I had the assumption that gay Salvadoran-applicants could already be open and fully themselves in regards to their sexual orientation and gender identity in El Salvador. I ignorantly assumed that their culture-related notion on LGBTQ*s would be similar to that in Belgium; being

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widely accepted. During the interviews it was revealed that this was not the case for my respondents.

Although my sample is not statistically representative (which is not its aim anyway), the interviewees represent some diverse experiences and reactions of their situation. The

participants both grew up in different parts of the country – the capital and a more rural area, as well do they both have a somewhat different perspective of the main reason for fleeing El Salvador.

Implementation

The interviewees were asked to participate in the study by myself, at the end of their stay in the refugee reception centre where I work. The participants were explained that anonymity would be ensured in this thesis, and that pseudonyms would be used. I had been considering doing my thesis on LGBTQ*-refugees for a while, but I was not able to define the exact topic yet. With that message I asked Miguel to participate in January 2020, when he left the centre to move in with a friend, whilst awaiting the response of his application for international protection from the CRGS. Same for Fabio, who left the centre in March of 2020, when he went to live in a social housing initiative.

Miguel’s interview was held in English, Fabio’s in Spanish. Since I don’t speak Spanish, one of my colleagues was present during the online interview and translated it into English. Having a translator always adds the possibility of potential inconsistencies or flaws.

Clifford and Valentine (2010) explain that the researcher has to be aware that a certain loss of meaning occurs, whenever a conversation is translated between different languages.

The interviews lasted between 80 and 120 minutes and were conducted through Zoom, a web-based video conferencing tool. This platform was used as opposed to a conventional face-to-face interview, this was due to the global pandemic that was going on at the time. Both interviews were recorded and transcribed by myself, resulting in eighteen pages of material.

In addition, both participants were told that they could end the participation of the study or not answer questions that made them feel uncomfortable. The interviews were conducted on

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THEMATIC ANALYSIS

The analysis of the collected data through semi-structured interviews was conducted using the thematic analysis procedure, presented by Braun and Clarke (2006). The thematic analysis is a flexible and useful method for “identifying, analysing, and reporting patterns (themes) within data” (Braun and Clarke 2006, p. 78). It presents an inductive approach, as it works close to the interview data with a bottom-up perspective. Later on, after the

identification of the themes, it became more analytical as I turned to previous research for some help in understanding the stories of the participants.

The thematic analysis by Braun and Clarke (2006) is a six-step procedure.

The analysis requires the researcher to be thoroughly familiarized (1) with all aspects of the obtained data. This took place during the transcribing of the data, the relistening of the recordings and the re-reading of the dataset.

Once familiar with the data, one starts with identifying initial codes (2), which are the

components of the data that appear interesting and meaningful. I tried to discover similarities and differences within the dataset, in order to find common narratives.

Important quotations were sorted according to overarching themes, and all data relevant to each potential topic was gathered, initiating the third phase of interpretive analysis (3). The previously identified themes get a deeper review and are gathered to form a thematic map (4), to check if the themes work in relation to the coded extracts and the entire data-set. The themes that appeared in the thematic map were: ‘The experience of the SOGI in El Salvador’, ‘The motives for fleeing to Belgium’ and ‘The experience in Belgium’.

Thereafter the researcher needs to question whether to combine, refine, separate, or discard these initial themes and potential subthemes within the data (5). The themes were thus named and defined with clear working definitions that capture the specifics of each theme in a concise manner. I later read the data associated with each theme and considered whether the data really did support it.

In the final step of the thematic analysis, the chosen abstracts were selected and linked to earlier literature to draw a broader conclusion (6). The analysis gets transformed into an interpretable report, which portrays an analysis supported with empirical evidence that addresses the research question.

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During the transcribing I strived to stay as close to the spoken language as possible, thus the transcripts accordingly contain some grammatical flaws as well as long sentences. When using excerpts of the transcript in the section of analyses, I have changed small elements within the text to make them more grammatically correct in order for the reader to understand it better. This was made clear by the explicit use of brackets and the addition of any

expressions the interviewee might manifest. Nonetheless, the connotation and essence of the material is still the same that was told during the interview by the participants.

The coding process was initiated in the interview situation and transcription and continued when the reading process took place. During this section I tried to find similarities and patterns in the different interviews in order to find common stories. I did this because I wanted to find and emphasize important items that are specific to the interviews conducted, but also important for the broader picture of queer applicants’ perception. Once the different concepts had emerged from the material, I linked the concepts to earlier literature in order to be able to draw broader conclusions. As Kvale and Brinkamann (2014) claim, the coding of the material can either be retrieved from theories or the material can be derived from the collected data. At the beginning of the coding process, the concepts emerged from the collected data. However, the concepts used in the analysis process have been influenced by previous knowledge of the literature, which means that the coding arose both from the collected data and from already established theories.

Maguire & Delahunt (2017) point out that if there is only a very small data set, such as in this research, there may be considerable overlap between the coding stage and the stage of

identifying preliminary themes, something I definitely encountered in the process. In this case I examined the codes and some of them clearly fitted and overlapped. For example, it was difficult to weigh up whether or not to merge the themes 'threats' and 'a non-existent sense of security', as the sense of security encompasses more than just one specific actor. The same occurred with the subthemes 'general well-being' and 'experience of the SOGI', which I eventually merged because I believe they are intrinsically connected.

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ANALYSIS

This part of the thesis will analyse the semi-structured interviews that have been conducted. One of the main motives for this study was to investigate the extent to which a person's SOGI contributes to the motive for effectively fleeing the homeland. After compiling data from two qualitative interviews, I was able to identify a number of patterns that I considered useful in exploring the aim and research questions of this project. These were enclosed under three main themes, each comprising more specific sub-themes. My analysis of the interviews is presented below with the three main themes: Grounds Leading to Forced Migration,

Choosing Belgium and Life in Belgium as a Queer Applicant for International Protection.

The themes can barely be separated, as they overlap and intertwine, but in order to make the results more accessible I opted to structure the text accordingly.

Results are often clarified on the basis of statements made by the respondents. GROUNDS LEADING TO FORCED MIGRATION

The first overarching theme starts off with a focus on the respondents' perceptions of their sexual orientation and gender identity (SOGI) back in El Salvador; the extent to which they potentially experienced oppression related to this, and whether this contributed to the actual fleeing of their country.

Both people interviewed in this thesis felt the need to move away from their country of origin, El Salvador, because they felt a well-founded fear of being persecuted because of, among other things, their sexual orientation. In this first section we look at how they experienced their orientation and how they perceived this in relation to others.

Suppression of Sexual Orientation

The overall living situation and background in which someone has been brought up, has a major impact on a person’s future life course. This is obviously no different for LGBTQ*-refugees, however, it can have a greater impact on one’s personality when the principles and morals they were taught growing up, completely contradicts with how they feel and identify themselves.

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Both respondents recounted how in their childhood or early adolescence they became aware they were attracted to men, and realized that this was wrong, sinful, or unnatural, according to what they were told.

“Being openly gay in my traditional family, it would have been disastrous. There’s just no talk of homosexuals, especially not towards my father. So I just tried to ignore it, until I was about 20 years old. Up until that point, I had dedicated myself to get good grades, to go on activities with my family and to be a… Let’s call it a submissive son, because that was expected of me.”

- Fabio, 30.

Throughout the interviews, both men describe how homophobia is deeply rooted in the culture of their society, which we have already discussed extensively in a previous chapter. However, for the respondents this implies that it is difficult to avoid experiencing it as a non-heterosexual, if you do not choose to "live in the closet" for the rest of your life.

Something that became very clear during the interviews, was to what extent homophobia had impacted the interviewees’ motivations to flee. After all, both participants had experienced homophobia and persecution in some kind of way.

In fact, my sister is a bit homophobic, she expresses herself very outspoken when it comes to gay people, including when I or her little son are around. (…) It comes from a place of ignorance. El Salvador is a very Catholic and Christian country, I personally think that is the root cause of all homophobic intolerance and violence.

- Miguel, 25.

The fact that Miguel is queer, seemed to attract the attention of a gang:

That’s the thing that still haunts me to this day, I don't know how the gang members found out that I am gay. I’m not sure if they saw it on my social media, maybe someone from my friends said the wrong thing to the wrong person. It could have even been someone from my family. Or maybe they just figured it out on their own. Miguel, 25.

Moreover, both Miguel as Fabio had to leave the country because of their sexual orientation, after being threatened with death by gang members in violent manners.

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I recognized they were from [the gang] “The 18”, since they had the number tattooed all over their bodies. They came up to me and yelled how much I charged to have sex with them, since they knew I was gay. They shoved me on the ground and just continuously kicked me on my back and chest. Once they were done, the next time they’d see me, I would end up in a plastic bag. (…) I told my family it had just been a random assault. - Fabio, 30.

Furthermore, Miguel was subjected to sexual assault by a gang member. Nearly four in ten gay men have experienced sexual violence other than rape in their lifetime, and though statistics regarding the concept of rape varies, it is likely that the rate is higher or comparable to heterosexual men (Rosario et al., 2006). Sexual assault perpetrated against any person based on their perceived sexuality or gender identity is considered a hate crime.

I started panicking and crying, begging him to not kill me. (…) He told me to get on my knees and unzip his pants, whilst he said :‘I don’t believe this will be a punishment for you, since you seem to be into this kind of

things’. He held a gun against my head. ‘It’s your choice whether you want to live or be killed’.

- Miguel, 25.

Authorities

The personal experiences of the applicants show that queer people are stigmatised by society and can become victims of aggression or violence. The authorities appear to be committing physical, verbal and other acts of violence against the LGBTQ*- community, thus the protection provided by the authorities appears to be inadequate.

Both Fabio and Miguel have bad experiences with the Salvadoran legal system. As we have discussed before, Salvadoran state officers are very much outnumbered compared to the number of gang members ravaging the country. Some policemen are threatened themselves, but there is also a significant level of corruption within Salvadoran politics and police (Willems, 2019). It is therefore not evident for any Salvadoran to find help against gang violence with their authorities.

If in addition, one wants to file a complaint on homophobic grounds, their complaint will rarely be taken into consideration.

I did not even try to go and file a complaint about what happened to me this time. Last year, when I went to a file a report [an assault with attempted rape], they told me my complaint didn’t exist. They just didn’t take me seriously.

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Furthermore, Miguel's allegations of sexual violence were not included at all.

As soon as I touched the topic of me being gay, while telling him about the assault, the police officer started addressing me as if I was the one to blame. He didn’t understand that I was upset about forcible giving someone oral sex, since I was supposed to like men. He literally told me it didn’t count as sexual abuse.

Further, he told me I shouldn’t go back to my house anymore because they would most likely kill me – if what I was saying was the truth.

- Miguel, 25.

Fabio and Miguel still consider this to be an immensely frustrating and tragic situation, as they did not dare to confide in their families out of fear they would become subjected to persecution, but meanwhile they had nowhere else to turn in their country to ensure their sense of security.

CHOOSING BELGIUM

LGBTQ*- friendly

As previously mentioned in the background chapter, Belgium is recognised as one of the European countries where sexual and gender minorities are best protected, and where

authorities are inclined to accept asylum applications invoking fear of persecution on account of sexual orientation or gender identity (European Migration Network, 2016). Moreover, Belgium has a fairly high recognition rate towards applicants with SOGI-claims. In 2019, about 24% of all applications for protection were granted, with applications based on SOGI- claims accounting for 46% (CGRS, 2020).

I started looking into LGBT-friendly countries, a place that would be more open to gay people like me. From articles I understood that Belgium was the second country to allow gay marriage and things like that. I also checked if there was an asylum procedure for gay people, if there was a specific legislation. That’s how I ended up choosing Belgium.

- Miguel, 25.

High Level of Protection for Salvadorans

According to the Office of the Commissioner General for Refugees and Stateless Persons, many Salvadorans choose Belgium because the country grants asylum to victims of gang

Are We Home Yet? : An Exploration of Queer Narratives of Forced Salvadoran Migrants

Are we home yet?

An Exploration of Queer Narratives

of Forced Salvadoran Migrants

Table of Contents

Every minute in 2018, 25 people were forced to flee