Gender and SOGIESC issues in NGO UPR report

FDPN was one of the lead authors of the Refugee and People Seeking Asylum section of the Joint NGO report for Australia’s 4th Universal Periodic Review. In late October, FDPN joined a series of briefings ahead of Australia’s Universal Periodic Review (UPR), organised by the Human Rights Law Centre in collaboration with the Australian Human Rights Commission (AHRC).

Below is the transcript of the briefing focusing on key human rights concerns and recommendations related to Gender and SOGIESC (Sexual Orientation, Gender Identity and Expression, and Sex Characteristics), as outlined in the NGO UPR report.

LGBTIQA+ refugee and people seeking asylum – human rights concerns

For FDPN, it was essential that the UPR report’s section on refugees and people seeking asylum is written from an intersectional lens. Despite efforts by governments and NGOs to engage with intersectionality, too often it is reduced to a checklist of identities. LGBTIQA+ people are listed separately. Refugees are listed separately. And when we talk about gender, it is too often conflated with sex recorded at birth, or reduced only to women, instead of being recognised as a system of power that impacts all of us differently.

Our contribution was designed to bridge this gap. The intention was not to divide issues, but to strengthen the overall analysis by showing how gender, sexuality, disability, and migration status overlap. This approach does not compete with other human rights concerns. It adds depth and makes sure protections are not just theoretical but work in practice for all.

In other words, looking at those most marginalised is not optional as people do not live single-issue lives. It is necessary if we want protections to be real for everyone. Policy wins that help citizens often do not extend to people on temporary visas, and so on.

Why intersectional lens matters

Every issue raised in the refugee section is critical: offshore detention, turn-backs at sea, indefinite immigration detention, temporary protection visas, and destitution for people seeking asylum. These are urgent human rights concerns for all refugees. But for LGBTIQA+ people these harms multiply.

Take an example, of the expressed concerns about economic insecurity. For LGBTIQA+ people seeking asylum and refugees, these are magnified. LGBTIQA+ displaced people achieve economic security in settlement much later. There can be many reasons, and often identity documents that do not match affirmed gender or name become one of the main barriers. For example, in New South Wales, a person must live for one year before they can change their name, and three years before changing a sex marker. For people not born in Australia, residency rules often make legal recognition impossible. Unless we also ask who is most at risk within these systems, we will miss the people who are most harmed and least able to access support.

Key human rights concerns 

1. Immigration detention

Detention harms everyone, but applying a gender and LGBTIQA+ lens shows added risks. For example, trans women are still placed in facilities with cisgender men, with no staff training. This is knowingly putting people in harm’s way.

The UPR report speaks of the specific harms experienced by women, LGBTIQA+
people, and people with disability in immigration detention and calls Australian Government to end mandatory immigration detention and enforce strict time limits, protections, and independent oversight where detention is used.

2. Unequal settlement outcomes

The Australian Government acknowledges that LGBTIQA+ refugees are a priority cohort. In its national report for the 3rd UPR cycle in 2020, the government spoke about a pilot program of 100 places dedicated to the resettlement of LGBTIQA+ refugees. This pilot disappeared during COVID, unfortunately. Despite this cohort being a priority, there are no specific requirements for services to meet the protection and settlement needs of these communities.

Our research shows 67% of LGBTIQA+ refugees experience discrimination in settlement services. The result is inequitable outcomes: no services, no safety in services, and silence in services. Too often this leads to homelessness and exposure to further violence.

3. Gender-based violence (GBV)

60% of LGBTIQA+ refugees report experiencing GBV in Australia. For trans people this is even higher, at 75%. We have documented forced marriages used as a form of sexuality and gender conversion, even in states where conversion practices are banned.

Yet only 17% sought support. Why? Because services are not safe or trusted. Because people fear deportation if they come forward. Because racism and LGBTIQA+ discrimination remain within justice and policing systems.

4. Refugee Status Determination 

While there have been improvements, problems persist. Many claims, especially those based on gender and sexuality, are still not assessed fairly. Some interviews are not even held. Credibility assessments remain inconsistent.

The UPR report discusses these concerns and has called on the Australian Government to ensure protection and targeted settlement policies for LGBTIQA+ refugees and GBV survivors.

Call to action

This is why we argue for recommendations to be made to the Australian Government by other states that are intersectional, and targeted. The recommendations must explicitly identify LGBTIQA+ forcibly displaced people and call for targeted measures.

These recommendations are not “extras” to the refugee section. They are the test of whether Australia’s refugee system can truly meet its international obligations.

Australia cannot claim progress on human rights while leaving LGBTIQA+ refugees in detention, in poverty, and without protection. We ask that this UPR review centres our communities and that the government acts on the targeted recommendations.

Read the full NGO Coalition UPR Report.