if an illegal homosexual is persecuted, he or she must be admitted to Lithuania
Gay’s “title” is a ticket to Lithuania. Collage of Arūnas Bernackas
“Let’s go because we’re gay”
An alarmed reader greeted Vakaro žinios, who reported that he had heard TVRaskevičius’ speech on Lithuanian radio, so that in order to stay, one should stay in Lithuania. Lithuanian
. According to him, it is also unclear how it should be proven that you are in fact a non-traditional practical orientation. Maybe physically?
After all, everyone can claim to be a homosexual if it would help them get a ticket to Lithuania.
The Migration Department has completed the examination of asylum applications of migrants who entered Lithuania illegally from Belarus, and registered mobile teams that worked in the summer and September. Out of 3272 applications, 54 foreigners have been granted asylum – others are awaiting deportation to their country of origin. Of those 3272 applications, 44 indicated that people were seeking asylum because they were homosexual.
Vakaro žinios inquired about how it really is, and is responsible for this issue with TVRaskevičius.
You don’t have to post yourself
“A person’s sexual orientation alone is not a sufficient reason to grant asylum. However, it is enough if a person is persecuted for this in their country of origin.
Not persecuted by relatives, but persecuted by sanctioning on behalf of the state. In other words, this must be the policy of the state, “the parliamentarian said in the” Vakaro žinios “.
According to TVRask, all requests based on vehicle orientation by the Migration Department were rejected.
“Because the stories, they say, were inconsistent. Of course, we are not competent to assess it, only a court can do it, ”said a member of the Seimas.
How can it be verified that a migrant is truly homosexual, as anyone seeking asylum can claim to be so?
“It simply came to our notice then. But the story has to be consistent. But I haven’t seen such consistency in reading excerpts from those stories.
Yes, if a person comes from a state where the criminal provisions on homosexuality are criminalized, the request of such a person should be considered very consistently in itself.
“If he proves that homosexuals are being persecuted in his country, it would be a ground for granting asylum,” TVRaskevičius assured.
Or maybe you don’t need to advertise that you are an LGBT member and no one is harassing you? Turns out, no.
“The recommendations of the Minister of the Interior regarding the examination of asylum have been approved.
According to the case law of the EU Court of Justice, the argument that a person may hide his or her orientation cannot be considered in the examination of an asylum application, “said the parliamentarian, who said that probably a large part of the decision of the Migration Decisions Department.
“Tight” threat
– No application for asylum based on sexual orientation was granted – ‘Vakaro žinios “was heard by Evelina Gudzinskaitė, Director of the Migration Department.
– To date (but pending review), no asylum decision has been taken for this very reason.
– People have not been able to try to be a homosexual because anyone who wants a residence permit in an EU country can call themselves one?
– It goes without saying that it is not enough to say ‘I am gay’, ‘I belong to an opposition party’ or something else.
It is one thing to prove that one belongs to a social group, another is to prove that there is a real danger of belonging in the group’s country of origin. And it is not enough, especially in the case of gays, to have a negative view of family members, because we also have a negative view of us. Such is not enough to say that there is nowhere to hide across the country.
There must be a real threat throughout the country of origin – that level needs to be ‘stretched’ to that level.
– But you can’t show that you’re gay, and no one will chase you …
– Yes, exactly.
Negative decisions were made about this: even if he sometimes believed that the applicant was gay, he did not prove that he was unsafe in his own country. Suffice it to say: if I stay in my country of origin, I will be killed for one reason or another. It may sound cruel, but you need to substantiate your fears.
Commented by Vytautas BUDNIKAS, Chairman of the Lithuanian Human Rights Association:
“Applying for asylum on the grounds of homosexuality is a clear abuse of sexual orientation. The Convention for the Protection of Human Rights and Fundamental Freedoms prohibits discrimination, or in any case.
So if a woman is being persecuted in her country of origin for being a woman, do we not accept it, and if we are already gay, do we? This is contrary to the instruments of international law, unless it is provided that the privilege is not granted if you are of a traditional orientation, and it is granted if you are non-traditional.
This would be discrimination and segregation of citizens on the basis of sexual orientation, “V. Budnik said.
The human rights defender has noticed that homosexuality is increasingly recognized in Lithuania as a huge plus, and there have even been cases where state institutions offer work, giving priority to orphans, the disabled or … members of the LGBT community.
“It simply came to our notice then. And the process is ever expanding. For the public agrees and does not oppose it.
The interviewee also points to another important point regarding illegal migrants. According to him, there is an article in the Criminal Code providing for the punishment for illegal border crossing, so it is a crime.
But politicians still say criminals need to repent because they find it difficult.
While crossing the border, they know they are committing a crime. And rhetorically asks: maybe then thieves will be sorry and not punished if they say they are thieves because it is difficult to have nothing to eat? Or should we not punish a person who drove a stranger’s car because he could not buy a Vilnius card for it?
“The Seimas has passed a resolution that migrants crossing the border seem to be breaking the law, but they must be subject to the provisions of the Refugee Convention – according to international law, they must be relatives.
Otherwise, on the one hand, they are recognized as criminals, but on the other hand, they need to be protected.
Human rights organizations have called on the Seimas and the President to remove this ambiguity, as they are participants in a hybrid war, economic migrants, but by no means refugees.
After all, they know they are committing a crime by crossing the border somehow losing their passports, but not losing their smartphones. However, neither the Seimas nor the President removed the ambiguity, “V. Budnik regretted.