Annual Survey of International & Comparative Law


The United Nations High Commissioner for Refugees [UNHCR] has published a landmark treatise to serve as a guide for adjudication of refugee claims made by LGBTI individuals. This treatise, known as Guidelines on International Protection No. 9, states that sexual orientation or identity is a protected category and that persecution based on those factors is grounds for refugee status and protection. This article discusses current violations of this protection in three countries: Uganda, Russia, and Nigeria. I shall first examine the relevant international law, and then review the history and current laws of each country. Finally, there is a comparative discussion of religion’s role in creating each country’s law, as well as within an international context. The discussion considers what these laws portend for the future and looks at the basis for the creation of these laws, which many see as protecting their religious values.

Cite as: 20 Annl. Survey Int'l. Comp. L. 139 (2014).