Citation: 2021 RLLR 58
Tribunal: Refugee Protection Division
Date of Decision: January 6, 2021
Panel: Robert K. Riley
Counsel for the Claimant(s): Jonathan E Fedder
Country: Rwanda
RPD Number: TB9-32399
Associated RPD Number(s): N/A
ATIP Number: A-2022-01594
ATIP Pages: N/A
DECISION
[1] MEMBER: These reasons will stand as the decision in this case. The reasons given orally today will be rendered into writing, and the claimant and his lawyer will receive the written version in a matter of weeks.
Allegations
[2] The claimant alleges that he is a citizen of Rwanda. The claimant says that he is gay. In January 8th, 2019, he was discovered by his father kissing his same-sex partner. His influential businessman father then made allegations to police that the claimant was using drugs and molesting children. The police, apparently on instructions from the claimant’s father, beat the claimant before passing him on to a prison and a rehabilitation centre, where the claimant was beaten some more. The claimant states that he was singled out for beatings precisely because he is gay. The beatings were all intended to persuade the claimant to abandon his sexual identity as a gay man.
[3] The claimant says he cannot live a normal and peaceful life in Rwanda as a gay man. He says that police in Rwanda are still after him and that gay persons in Rwanda cannot find anyone to go to who would help them defend their rights and their safety in Rwanda. The claimant states that the government of Rwanda will not protect him and that there is no safe place for him anywhere in Rwanda.
Analysis: Identity
[4] The claimant has provided his passport, a certified copy of which appears at Exhibit 1. He has also provided a copy of his national identity card, a copy of which appears at page 2 of Exhibit 4. The Panel is satisfied as to the Rwandan citizenship and the personal identity of the claimant.
Credibility
[5] The claimant testified in a straightforward and spontaneous manner with respect to the essential elements of the claim. He overcame, as did the Panel and counsel, difficulties in connecting with the interpreter. There were no contradictions or inconsistencies in the testimony that were of any import, and there was considerable consistency with the claimant’s previous declarations as contained in his Basis of Claim form. The claimant indicated that he spent approximately one month in hospital around May 2019 being treated for injuries that he suffered while in police interrogation, prison, and rehabilitation. The Panel accepts the evidence of the claimant on the core issue that the claimant is considered by the community in Rwanda as a member of the LGBT community who has engaged in a same-sex relationship, and who faces the threat of persecution at the hands of the community in Rwanda due to his sexual orientation. On a balance of probabilities, the Panel finds the evidence of the claimant to be credible and trustworthy.
Documentary Evidence
[6] Claimant provided letters of support from his brother XXXX at pages 6 to 10 of Exhibit 4, which confirm a number of details of the claimant’s story. There are police summonses and a translation thereof found at pages 19 to 22, indicating that the claimant was being pursued by police. Although the specific charges are not outlined in the document, it does on a balance of probabilities tend to support the story that the claimant is telling. And from pages 16 to 18 of Exhibit 4, we have a letter from the claimant’s former common-law partner.
[7] In the objective evidence, the Panel has looked at the annual report of the US Department of State, which is found at item 2.1 of the national documentation package. The report states that LGBTI persons have reported societal discrimination and abuse, including challenges to officially registering any non-governmental organizations that would be favourable to gay persons. There is mention of a famous gospel singer in Rwanda who faced harsh criticism and isolation, as well as abandonment by friends, family, his employer, and community members in Rwanda, when he came out as gay.
[8] At item 6.1, there is a report of the situation of gays in Rwanda, and we learn that there are still instances of illegal arrests. We learn elsewhere that being gay or engaging in same-sex behaviour is not against the laws of Rwanda, so these arrests are done notwithstanding the fact that such behaviour is permitted under law. So, these illegal arrests involve people found in bars or streets, detained for a few days, and later released when police realise that there is no case to be prosecuted. A number of law enforcement, notwithstanding the laws of Rwanda, tend to believe that homosexuality falls under the offence of violating good morals.
[9] At item 6.2 of the NDP, at page 1, we learn that being LGBT in Rwanda is taboo, LGBT persons in Rwanda face societal discrimination, and there is a stigma against sexual minorities in Rwanda. Also, at the same item on page 1, there’s a non-partisan human rights organization by the name of Human Rights First which states that Rwanda’s social environment is “rife with homophobia”. At pages 4 and 5 of the same report, we learned that Rwandans cannot be sure of getting employment or finding a residence because of the depth of discrimination against LGBT persons, and then at page 6 of the same report, it is reported that discrimination and stigmatization even occur when LGBT persons attempt to access healthcare services. So, the documentary evidence supports the allegations of the claimant and reinforces — excuse me — his credibility on the matter of his fear of persecution for engaging in same-sex behaviour.
State Protection
[10] At page 1 of item 6.2 of the NDP, a report from Global Gays states that there is no clear path to protection in Rwanda from the intolerant attitudes of the general public. Although the Rwandan government does not actively pursue members of the LGBT community, given its indifference towards those who are same-sex oriented, it is clear that it would not be reasonable for the claimant to ask the state of Rwanda for protection.
Internal Flight Alternative
[11] The documentary evidence indicates that the anti-LGBT attitudes prevail throughout the country. The Panel concludes that it would not be reasonable for this claimant to seek an internal flight alternative.
Conclusion
[12] Having considered all of the evidence, the Panel [inaudible] that the claimant has satisfied his burden of establishing that there is a serious possibility of persecution on a Convention ground if he were to return to Rwanda. The Panel decides that XXXX XXXX XXXX is a Convention refugee, and the Division accepts the claim.
[13] And I wish you the best of luck in the future, sir.
[14] CLAIMANT: Thank you.
[15] COUNSEL: Thank you very much.
[16] MEMBER: Good day to everyone.
[17] CLAIMANT: Thank you so much.
——————–REASONS CONCLUDED ——————–