By Paula Rosales, from San Salvador

Photos: courtesy of Arthur Britney Joestar

Arthur Britney Joestar became the first non-binary person to be recognized as a refugee in the United Kingdom. In a landmark ruling, Appeals Court Judge Gaenor Bruce determined that if Joestar returned to El Salvador, from where they fled, their life would be at risk of persecution and violence, as they had already experienced. “My case is a victory for migrants and for British citizens who identify as non-binary. Because I am the first person legally recognized as non-binary in the country,” Arthur Britney stated. When the judge asked them which pronoun they wanted to be addressed with—since everyone was referred to as “he” on the paperwork—they replied “they.”

Displacement and forced migration caused by discrimination, violence, and poverty are the main reasons why the LGBT+ population decides to leave El Salvador in search of protection. Fleeing discrimination and violence based on his sexual orientation and gender identity, Arthur Britney also decided to emigrate from the Central American country to the United Kingdom in 2017, seeking humanitarian asylum that would allow him to live a life free from stigma. Far from it, he encountered an immigration system designed to reject as many applications as possible.

“I’ve always been someone who likes to explore my identity, trying to find out how I felt comfortable with my body. I never felt like I fit the macho stereotype that Salvadoran society has. But when I deviated from that pattern, I suffered daily attacks and discrimination,” Arthur Britney told Presentes.

According to data from the organization Communicating and Empowering Trans Women – COMCAVIS Trans, El Salvador is one of the most dangerous countries for LGBTI people due to the high level of intolerance toward sexual diversity. In 2020, this organization assisted 131 people who suffered internal displacement.

“I was walking to work once when a guy threw a bag of urine at me from a truck, and it landed on me. It was one of the most humiliating things that has ever happened to me,” Arthur Britney recalled. 

Since initiating his humanitarian asylum claim in October 2017, Arthur faced three rejections before his application was finally approved. The journey was arduous. He says that even the UK immigration service tried to pressure him into signing a voluntary deportation letter.

“They (immigration services) tried to deport me for no reason. I went for my monthly report and they took me to a room where they told me my case was closed and denied. They told me I had the option of signing my voluntary return, waiving all rights to asylum, or they would detain me, take me to a jail, and then expel me from the country,” said Arthur Britney.

At that time, his case was in the appeals stage. For that reason, he could not be deported or forced to sign a voluntary return agreement to El Salvador. But Arthur Britney says his lawyer managed to stop the proceedings, and they had to release him.

“After arresting me and interrogating me to try to break me, a guy came into the room and said to let me go because my case was in the Supreme Court,” Arthur Britney said.

The delays and denials of their asylum request took a toll on their mental health. Arthur Britney recounts suffering from depression and receiving treatment from a psychologist who helped them cope with the arduous process and discover their non-binary identity.

Sexual diversity without rights in El Salvador

Arthur Britney recalls that in the early years of exploring his identity, he felt a lot of remorse. He believed he lived outside the heteronormative parameters that prevail in Salvadoran society.

El Salvador does not recognize same-sex civil marriage. The Constitutional Chamber of the Supreme Court is currently reviewing two lawsuits challenging the constitutionality of the family code that prohibits same-sex marriage. 

In March 2018, the draft law on gender identity was presented to the Legislative Assembly. The leftist Farabundo Martí National Liberation Front (FMLN) supported the initiative, which is still under study. 

The influence of the Catholic Church on political power in El Salvador remains strong. The right to sex education, same-sex marriage, and abortion are still stalled in Congress because political parties fear being punished for promoting "taboo" topics for the majority of the population.

“When I was younger, I sought refuge in the Church because I was trying to eliminate any thoughts I believed were sinful. I wanted to rid myself of all that, and the best method I found was religion,” Arthur recalls. Hoping to “distance himself” from his identity, he decided to study to become a pastoral theology teacher.

“It was a stage in my life when I had a terrible internal struggle. Maybe it wasn't visible on the outside, but when I was alone I suffered a lot. I would say, 'I don't want to be gay and I don't want to be a sinner, I want to be normal.' It was a very dark issue, and I know that many people go through it,” he expressed in an interview with Presentes.

Britney Spears fan

Admiration for the androgynous characters of Hirohiko Araki in the manga series Jojo's Bizarre Adventure, and the music of Britney Spears were the inspiration, he says, for defining his new legal identity.

“Arriving at the combination of my names is a win because now everyone will have the possibility of having their own identity. And no one legally has to say what is incorrect,” Arthur Britney pointed out.

The construction of his name has multiple meanings for Arthur Britney. During his childhood and adolescence, he says he endured physical violence that his father inflicted on his mother. He recalls that he and his two brothers promised not to use the surname of the person who abused them.

“We suffered a lot of domestic violence when we were young. Bearing the last name of someone who caused you so much harm and destroyed your family, who destroyed your childhood, is not something you want. My siblings and I decided at one point to change our names. And we came to the conclusion that we would all take Joestar,” Arthur Britney said.

Britney Spears was her escape during her youth. She acknowledges that Britney became the muse who guided her through her songs and led her toward accepting her gender identity and sexual orientation.

“Britney is the reason I’m alive right now. She’s always been by my side in difficult times, in dark times. The only thing that comforted me was listening to this diva’s music. During my depression, she also lifted my spirits,” said Arthur Britney.

Being reborn as a non-binary refugee

From his home in Liverpool, Arthur Britney – who studied a technical degree in graphic design and works in that field – is still amazed by the significance of the historic ruling in his favor and the recognition of his gender identity.

When the ruling was announced on December 30, she told the British newspaper The Guardian: “In the end, the judge turned to look at me and began speaking to me in Spanish, telling me that she was granting me the right to stay in this country and the right to be who I want to be. I started to cry. I felt like I had been reborn.”

She reflects on her future and how her case can serve as a precedent for migrants and non-binary people. “If I could change a foreign country, which isn’t my own and doesn’t speak my language, and if we all unite we can make a big difference and give a better world to future generations.”