Proposal for Skopje Spring Congress 2020

Proposal 201

LYMEC Spring Congress, April 3 to 5, 2020 in Skopje

Author: LYMEC Bureau, Radikal Ungdom, Joventut Nacionalista de Catalunya, JUNOS, Venstres Ungdom, Svensk Ungdom, JOVD (drafted by the policy renewal working group)

Status: [  ] accepted [  ] rejected [  ] transferred to: ___________________________

The Skopje Spring Congress 2020 may decide:

1Sexual Orientation, Gender Identity and Gender
2Expression as grounds for International Protection

3This resolution archives Resolution 2.09 on Sexual Orientation, Gender Identity and Gender

4Expression as Causes for International Protection and Asylum in the European Countries.

5EU, refugees, asylum policy, Gender and Sexual Rights, Civil Liberties

6For consideration on the annual Congress of the European Liberal Youth (LYMEC) in

7Skopje, North Macedonia on 3-5 April 2020.

8Considering that :

9- The attention given to LGBTI rights in the processes connected to international protection and

10asylum has developed significantly in recent years, as it has been acknowledged that sexual
11orientation could be considered as grounds for asylum. According to article 2(d) in Directive
122011/95/EU on standards for the qualification of third-country nationals or stateless persons as
13beneficiaries of international protection ‘refugee’ means a third-country national (or stateless
14person) who, owing to a well-founded fear of being persecuted for reasons of race, religion,
15nationality, political opinion or membership of a particular social group, is outside the country of
16nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the
17protection of that country. According to article 10 (d) “Depending on the circumstances in the
18country of origin, a particular social group might include a group based on a common
19characteristic of sexual orientation...Gender related aspects, including gender identity, shall be
20given due consideration for the purposes of determining membership of a particular social group”

21- there are still considerable differences in the way in which the EU member states examine

22LGBTI asylum applications. 

23- homo- bi- and transsexuality is still criminalised in a number of countries in the world and

24people are persecuted and sentenced to prison or even to death penalty because of their sexual
25orientation, gender identity or gender expression

26- Although the ECJ has ruled out the "discretion requirement" and rejected concealing one’s

27sexual orientation as means to avoid persecution, LGBTI asylum seekers are still facing
28difficulties in legal and asylum proceedings

29- the lack of official statistics on the number of LGBTI asylum claims in Europe is alarming, as it

30further contributes to the discrepancies in providing protection of LGBTI asylum seekers among
31the Member states;

32The LYMEC Congress calls for:

33- The Fundamental rights agency to conduct and issue an yearly report containing comparative

34disaggregated data, and Eurostat to publish statistics on applications on the grounds of sexual
35orientation and their refusal rates by country.

36- EASO to consider the adoption of guidelines on the assessment of LGBTI asylum cases for

37case handlers and judges in the member states, in accordance with existing UNHCR guidelines. 

38- the Member states of the European Union to ensure a harmonised application and

39interpretation of the “Qualification Directive” with view of the requirements set up in the directive
40and to ensure equaland adequate protection of LGBTI asylum seekers throughout the Union.

Attention: This is a preview! The official text is printed in the proposal book for Skopje Spring Congress 2020 03 - 05 April 2020.