Avery Edison: how could Canada consider sending a trans woman to a male prison?

A Briton detained by immigration officials in Canada was repeatedly referred to as "he" and sent to a male prison, despite holding a female passport. In 2014, why are so many authorities still so bad at dealing with trans people?

It seems like every week brings with it a fresh new controversy about the way some hapless transgender person has been treated poorly by an interviewer, a police officer, a journalist, a school or a church. This has been going on for years, of course, but the difference now is that there’s an angry online mob ever ready to respond. I happen to find much of this anger deeply off-putting and I suspect it puts off a good deal of people the trans community might otherwise count as allies too. Often, though, it does seem to work.

I could give you plenty of examples of the braying crowd kicking up a fuss and achieving something – the way sports magazine Grantland treated a trans interview subject, the fallout over the death of teacher Lucy Meadows, Janet Mock's encounter with Piers Morgan – but none quite so effective as the latest outrage over a British transgender woman who was sent to a men’s prison in Canada. Stand-up comic Avery Edison flew to Canada on an expired visa and was barred from entering the country. Her tweets describe how border police referred to her as “he” before insisting that she undergo the humiliation of a medical examination to work out where she should be detained. Her passport says she is female, though she has not had genital surgery and retains a penis. (At least the UK Passport Agency seems to be clued up on transgender issues.)

 

 

Toronto Pearson Airport didn’t know what to do with her and I admit that, for your average Joe, the question of what to do with a woman-with-a-penis has probably never come up. Shouldn’t airport staff have some sort of training on situations like this, though? Statistically speaking, Edison is rare, but not unique. She summed it up best with a tweet: “Please keep Toronto Airport customs/immigration officials in your thoughts, as this is apparently their first time meeting a trans person.” And this is in Canada, which we’re told has some of the best rights for LGBT people in the world. That this could happen there, of all places, gives you a taste of how harrowing travel can be for transgender people. Supposedly progressive Denmark put transgender asylum seeker Fernanda Milan in a male detention centre in 2012 – where her medical treatment was stopped and she was repeatedly raped. If you respect the rights of transgender women you don’t put them in men’s prisons, regardless of their genital status. And if Canada and Denmark treat trans people like this, what do you think it’s like elsewhere?

One of the successes of transgender people’s push for social acceptance is making society aware that we exist outside ridiculous comedy stereotypes. The hope is that, once everyone realises that transgender people are real human beings they might start treating us like human beings. Still, it seems 60 years' worth of documentaries on transgender people, transgender chat show guests, enough transition tales to fill a library and around three articles on the subject every day in the Daily Mail, some people still haven’t got the message. Transgender people exist.

I don’t mean to patronise the powers-that-be but wouldn’t it be prudent, if, like Toronto Airport, you are responsible for dealing with members of the public – in all their wonderful human diversity – you had some sort of policy on what to do with transgender people? You know, guidelines? Because at some point transgender people are going to walk through your airport or sit down in your restaurant or commit a crime or any of the other things people do and you’ll need to be prepared. Prisons, airport security and hospitals need to develop robust and clear guidelines. Or else we'll be seeing this again and again.

To say the prison system is patchy in its approach to trans inmates is an understatement. If, like me, you’re eagerly awaiting the second series of Netflix’s Orange is the New Black, you probably already know about fictional women’s prison Litchfield and its transgender hairdresser Sophia, played by the brilliant Laverne Cox. Critics questioned her inclusion in the show when it first aired last year – was it, they asked, truly realistic to see a trans woman in a women’s prison in the US? Some trans women are treated as women by the prison system, but many are not. Take Chelsea Manning. She was sentenced while she still publicly identified as male and was sent to a male prison. The facility that’s holding her refuses to let her transition while she’s incarcerated – essentially she’s being denied medical care. Since when do we deny prisoners medical care? They may as well have put her in Guantanamo Bay. I spent eight months as a gender non-conforming person in a male prison and it wasn’t much fun. Prison’s not meant to be fun, of course, but it’s a cruel and unusual extra layer of punishment to place a trans woman in a men’s facility. And Edison hasn’t even been convicted of anything.

This is part of a culture that punishes difference, blames victims and lacks empathy. It would be nice to see some humanity in these situations or, in the absence of that, better guidelines on how to treat people. It’s the same failure we see when gay asylum seekers are asked to give intimate details and, sometimes, photos of their sex lives to prove they are who they say they are, or indeed the disbelief of rape victims seeking refuge here. It’s a disbelief characterised by privilege: the cushy, unquestioned joy of not knowing what it feels like for the other person. To stand there, humiliated, while people you don’t know tell you what they think your gender should be. That you are fake. Inauthentic. Not what you say you are. A message trans people hear all the time, of course.

Those who police our borders are invested with the power of the state, but this is also about prejudices, false assumptions and plain old ignorance. As a trans person you frequently find yourself in conflict with society – whether you’re setting up a direct debit or buying a pint of milk – so is it really surprising that border control offers more of the same? Why would they excel where the rest of society so dismally fails to accommodate the existence of trans people?

Edison has been transferred to a women’s prison following the eruption of online outrage on her behalf. Another poor soul is saved, but what if we didn’t have the web? And just how many more times does the Internet have to step in and correct the failings of the state?

Avery Edison.
ANGELOS TZORTZINIS/AFP/Getty Images
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How the refugee crisis became invisible

Since the failed coup in Turkey, there are on average 200 refugees a day arriving in Greece. But the world's media has gone home.

The image was familiar for the volunteers in Lesvos that still man the beaches where refugees arrive by boat from Turkey. It’s been many months since boats carried 256 people in a single day across the narrow passage of sea. The refugee crisis seems to be giving way to much larger geopolitical issues to the east of the Greek coastline. Those refugees stuck here might soon be joined by the thousands that remain in Turkey as the situation in Syria deteriorates. There is no solution is on the horizon for the bloodshed.

Almost 300 people arrived that Thursday last week, a number not seen since a deal between the EU and Turkey was reached this spring to curtail the flow of refugees heading for Europe. Following the failed coup attempt in Turkey last month, however, something has changed. 3,300 people have arrived on the islands of the eastern Aegean since, according to the official data released by the Greek state, averaging around 200 a day. Reports on the ground suggest that the traffickers operating in the area are expecting a new wave of refugees leaving Turkey soon, a card for Tayip Erdogan to play in his bid for visa-free entry to Europe for Turkish citizens.

Since the deal – and unlike last year, which saw more than a million people passing through Greece and heading up the Balkan corridor towards Germany and the prosperous north – the crisis has taken a new shape, and it’s now largely invisible. Lesvos, the island formerly seen as the frontline of the refugee crisis, is unseen, abandoned by the media and the tourists that used to be its main source of income.

The refugees unlucky enough to be stuck in Greece after the borders to Macedonia closed are distributed in camps across the country. The camps established at the points of arrival, known as “hotspots”, are overcrowded to breaking point, with violence often erupting between refugees, locals and the police. Instances of violence against unaccompanied minors by police were even recorded in the Moria camp in June.

Now, for the close to 60.000 people who in limbo while their asylum applications are processed, it’s a waiting game that looks more like prison than anything else. Meanwhile, deportations back to Τurkey have effectively stopped because of the political insecurity and terrorist attacks there, despite the fact it is still deemed a “safe third country”.

Forty-nine camps have been set up across Greece, but the government has announced that more are on their way. Local business owners in Crete have already protested the news of a camp for 2,000 refugees established on the island. After what happened in Lesvos the tourism industry – arguably the country’s most important, contributing close to 10 per cent of the GDP – is nervous.

Inside the camps, reports of overcrowding, poor hygiene, illness, violence, trafficking and drugs are on the rise. Even in Greece, Yazidis are not safe in the camps, and special arrangements have had to be made for them. The Greek and Albanian mafias have infiltrated camps on the mainland, especially around Thessaloniki, and are pushing hard drugs, which have become a solution for some of the refugees stuck there. Around the downtown area of Victoria in Athens, reports by the BBC and Refugees Deeply have found underage boys prostituting themselves in the nearby parks for 5 euros.

Here is the real problem: while the numbers arriving are nowhere near those of last year, the infrastructure available to take them in is now so strained that every new arrival counts. The margin for the most vulnerable between safety and harm, has narrowed to nothing. The Katsikas camp, near my hometown in north-western Greece, paints a grim picture. Set up hastily on the site of an old military airport, it is almost entirely unsuitable to host the simple military tents the refugees are expected to live in. The ground turns to mud every time it rains, and it rains often. There are scorpions and snakes wandering the camp.

Living conditions are so horrible that according to the camp’s director, Filippas Filios, 200 people recently walked out and abandoned it, preferring to try their luck crossing the Albanian or Macedonian borders on foot. From the 1,020 people that were transported here between March and April, just 520 remain. Another space is being prepared to take those remaining before September – an abandoned orphanage. Unlike most of Greece, the weather here is rainy and cold. If preparations stall and they are caught outside, these people are unlikely to remain in the camp under such conditions. Traffickers who have been active in the area for decades, are banking on just that.

The EU, via Angela Merkel saying that “we must agree on similar deals with other countries, such as in North Africa, in order to get better control over the Mediterranean sea refugee routes”, is hinting at a similar deal to that with Turkey to try and deal with the flow from Libya. With the current arrangement looking shaky, and those living with the consequences being ignored or even blamed for their predicament, we are on perilous ground. There is hardly anything more that Greece can do.

What’s worse is that in the last few months – under pressure from the EU – the Greek government has been dismantling the solidarity networks that alleviated much of the weight of the crisis last year. But they too, where they still hold, are creaking under the weight of the situation. The conditions in some of these informal camps resemble those in the official camps. The more these people are trapped in either situation, the more likely they are to become victims again, be it of trafficking, drugs or violence. For now, the pro-refugee sentiment still holds in Greece, but the illusionary structure of a “dealt with” crisis might come crashing down sooner than most realise.

Yiannis Baboulias is a Greek investigative journalist. His work on politics, economics and Greece, appears in the New Statesman, Vice UK and others.