APPEAL! Gay couple to be forced apart

Just when you think that the Netherlands is a progressive country when it comes to gay rights, you're made to think again.

I came across this story of a Dutch man who fell in love with a Taiwanese man eight years ago. They subsequently got married as soon as same-sex marriage was normalised. But when the Taiwanese man went to renew his residence permit back in 2001, the Immigration Service rejected the application. Apparently the man still had not completed his compulsary military service in Taiwan, and by law must return to Taiwan to complete his duties. Representatives of the Taiwanese authorities confiscated his passport, and by law everyone who resides in the Netherlands is required to have some form of identification papers, or will considered and illegal immigrant and be forcibly deported!

Until a few years ago gays were not allowed in the Taiwanese military, and instead you had to undergo two years of 'psychiatric help'. That's changed, but still if the Taiwanese man has to go back to serve in the army, he faces eighteen months of forced separation from his partner, and a possible two to five years of imprisonment for defying a military order. Scandalous, and an utter disregard of the rights of individuals to a private and family life... and the Dutch government has done nothing to prevent this from happening, and instead is assisting by deporting the man out of the country!

The couple took the case to the highest court, and after five grueling years of court action and waiting for a response from the Immigration Service the appeal was rejected. The court actually argued that interfering in the couple's marriage was justified "in the interest of the economic wellbeing of the Netherlands and protection of public order". A twisted argument based the ridiculous assumption that all foreigners will be a burden and threat to the country, even though the couple have the economic means to support themselves! This case again underlines the inhumane immigration policies of this country and absolute disregard for human rights, and more specifically the current government's disregard of the importance of equal rights for homosexuals. This right-wing Christian conservative government MUST BE VOTED OUT OF OFFICE IN NOVEMBER!!!

Excerpts from a website set up by the Dutch husband, called Flikker op!
(‘Flikker op’ means ‘go to hell’…the phrase is interesting in this case, because ‘flikker’ also means ‘fag’.)

"We [were involved in court action] for five years, and did our best to comply to the requirements in order to be together. Five years torn by tension, rejections, disappointments, pain and sadness. Five years falling and standing up, in which love held us together. Five years of [court] action in and out of the country, which in the eyes of the state is still not adequate. Whether that has something to do with our orientation you may just for yourself, I give you the following quote from an official piece that was sent to us:

“ [as far as this case is concerned] if it presumed that there is interference with the right to respect of the [family life], [and] with regard to the applicant and his husband, this interference is justified in the interest of the economic wellbeing of the Netherlands and protection of public order.”

The disrespect for the same-sex marriage appears to be overly obvious to us. It feels as if [the Ministry of] Justice does not recognise our marriage, and sees it as unworthy. This hurts, because I can assure you that our love is not less than the love of every other person, and our marriage is not less than that between a man and a woman."

Are there still people who want to fight with us against this injustice? Are there still people in politics who know what human rights are? Help us! I fear that we [will] loose each other! We love each other, and proud to be homo(sexual), but afraid for what our ministers mean by protection, and a “just and humane (immigration) policy”. They want to separate us and for [the ministers of this country it does not matter if my husband goes to jail].

At the moment I am ashamed that I am Dutch. Who makes us proud again?”

I was moved to tears when I read this...

This was reported also in the Gaykrant:

"Officials of the IND [Immigration and Naturalisation Service] assert in an official document that "[there is] doubt as to the legitimacy of the homo(sexual)-marriage" They write this in a report about a homosexual couple that made use of the 'liberalisation' of civil marriage in the Netherlands in May 2001. [link mine]

If the reasoning of the civil servants is followed through by the minister, there will from now on be a two-fold division in marriages, that for heterosexuals and that for homosexuals."

Utterly unconstitutional if this were to really take place. And non-discrimination on whatever grounds is the founding principle of this country. The article continues:

“The Dutch [Ministry of] Justice called it ‘[not a] real divorce”, says a defeated Veenhof [the Dutch partner]. “Ridiculous of course. If we don’t get to see each other for up to seven years, there is nothing left of our marriage.” In the meantime he is, according to him, embittered and fatigued. “We [have come to a dead halt]. I have done everything to prevent this, and it is still happening.” Trust in the Dutch government he has completely forgotten. “It appears as if the government want to deport as many people as possible, and this even though [Minister for Immigration and Integration] Verdonk had clearly promised not to separate married people. I hear nothing about [Prime Minister] Balkenende’s ‘virtues and values [propaganda], of [Minister of Justice] Donner’s promise of protection. I am scared of everything and everyone—and to be honest I am ashamed to be Dutch.”


What you can do to help!

The campaign is in Dutch, but you could still help by visiting this page and putting your signature down as a show of support for the couple:

Uw naam:
[Your name]

Uw e-mail adres:
[Your email address]

If you can read and write Dutch, then you can help by writing to MPs, the Prime Minister and interested parties. There’s a model letter on that same page.

UPDATE 28 Sept2006

A member of the GroenLinks (GreenLeft) party has asked Minsiter of Immigration and Intergration Verdonk for clarification on this matter. MP Naïma Azough argued that in all other preceeding cases of foreigners married to a Dutch national the minister had prevented deportation and extended a residence permit. The question is why this case is treated any different.