1、An overview of Canadas refugee policy,Canadian Council for Refugees March 2005,Canadian Council for Refugees,2,Refugees are part of Canada,From 1995 to 2004 Canada welcomed more than 2.1 million immigrants. This included 265,685 (12% of the whole) refugees granted permanent residence.How much do you
2、 know about Canadas record towards refugees?,Canadian Council for Refugees,3,Canadas early record,Refugee protection was not part of Canadian law until 1978.Early immigration policy discriminated by race: British and northern Europeans were encouraged to immigrate whereas.,Canadian Council for Refug
3、ees,4,Canadas early record,Chinese immigrants had to pay a Head Tax (increased to $500 in 1903);Asians and others deemed undesirable were excluded by the “continuous passage“ policy, and;Immigration Department used its discretion to discourage Black immigrants.,Canadian Council for Refugees,5,Komaga
4、tu Maru,South Asians came to Vancouver on the ship the Komagatu Maru in 1914 to test the “continuous journey” policy. They were refused entry.,Vancouver Public Library photo no.6231,Canadian Council for Refugees,6,Discrimination against Jews,In the 1930s and 40s thousands of European Jews tried to f
5、lee Nazi Germany.Motivated by anti-semitism, the Canadian government used its discretion to exclude Jews.,Canadian Council for Refugees,7,Discrimination against Jews,1938: Canadian citizens tried, unsuccessfully, to change this policy. They did manage to get the Government to admit some non-Jews, in
6、cluding the Canadian Czech shoe industrialist Thomas Bata (of the Bata Shoe Museum) and 82 of his workers.,Canadian Council for Refugees,8,International treaty to recognize refugees,1951: The Geneva Convention relating to the status of refugees defined who was a refugee and their right to legal prot
7、ection and assistance from those states who signed.,Canadian Council for Refugees,9,Definition in 1951 Refugee Convention,a refugee is any person who: “ owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opi
8、nion, is outside the country of his (sic) nationality and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country“,Canadian Council for Refugees,10,1951 Refugee Convention,51 Convention was limited to protecting the approximately 50 million European refug
9、ees after World War II,Canadian Council for Refugees,11,Addition to 1951 Convention,1967: Additional protocol expanded geographical scope of the Convention as problem of displacement around the world was recognized.51 Convention refugee definition still applies today. States interpret it to include
10、or restrict certain categories of people. For example, Canada recognizes women and gays fleeing gender persecution as “members of a particular social group.“,Canadian Council for Refugees,12,Canada and 51 Refugee Convention,Canada didnt sign 51 Convention (and protocol) until 1969. (The RCMP advised
11、 against it based on fears it would restrict Canadas ability to deport refugees for security reasons.)Before 1969, refugees were selected overseas and admitted to Canada by group, e.g:1956 - over 37,000 Hungarians 1968 - nearly 11,000 Czech refugees 1973 - more than 7,000 Asian Ugandans 1975 - nearl
12、y 1,200 Chileans,Canadian Council for Refugees,13,Cold War “ enemies “,Throughout the 1960s and 70s, Canada readily granted refuge to people fleeing communist regimes.There were two designated classes, East European Self-Exiled Persons and Indochinese Designated Class, for such people.,Canadian Coun
13、cil for Refugees,14,1978 New Canadian Immigration Act,1978 was first time an Immigration Act included a humanitarian category for refugees needing protection and resettlement.It also established the Private Sponsorship of Refugees Program which allowed Canadians to be involved in the resettlement of
14、 refugees.,Canadian Council for Refugees,15,Canadians sponsor refugees,1979: Canadians enthusiastically applied to sponsor Boat People under new private sponsorship program.1986: UN awarded the Nansen medal to the Canadian people in “recognition of their major and sustained contribution to the cause
15、 of refugees“.,Canadian Council for Refugees,16,Canadian Charter applies to refugee claimants (1),April 4, 1985: Supreme Court rules the Canadian Charter of Rights and Freedoms protects the basic rights and freedoms of refugee claimants in Canada.,Canadian Council for Refugees,17,Canadian Charter ap
16、plies to refugee claimants (2),Refugee determination must respect the principles of fundamental justice.Fundamental justice requires that, where credibility is an issue, refugee claimants must have an oral hearing.,Canadian Council for Refugees,18,Singh Decision 1985,Known as the Singh decision, thi
17、s Supreme Court decision declared that refugee claimants are entitled to basic standards of rights protection.1988 Immigration and Refugee Board to created to hear refugee claims.April 4, date of Singh decision, is annually commemorated by Canadian refugee supporters as “Refugee Rights Day”.,Canadia
18、n Council for Refugees,19,Where are refugees today?,Statistics from UNHCR 2002 Statistical Yearbook, published July 2004.,Canadian Council for Refugees,20,Global cooling toward refugees,Today refugees still need protection, but many states in the industrialized world are becoming less welcoming to r
19、efugees by: making it harder for refugees to reach their territory and, enacting measures that make it less likely that those who arrive get a fair hearing.,Canadian Council for Refugees,21,Officials are stationed at airports to stop anyone, including refugees, without proper documentation from emba
20、rking planes for Western countries.U.S. intercepts and detains Cuban and Haitian asylum-seekers trying to reach it by boat, and mandatorily detains certain categories of asylum-seekers who arrive in the U.S.,Interdiction of refugees (1),Canadian Council for Refugees,22,Interdiction of refugees (2),2
21、001 Australian Government turned back Iraqi and Afghan asylum-seekers trying to reach its shores and later tried to discredit them by accusing them of throwing their children overboard.,,Canadian Council for Refugees,23,Canada seen as leader in refugee protection,Relative to other countries, Canada
22、has earned a reputation as a leader with some POSITIVE ELEMENTS: a) an independent expert tribunal, with excellent documentation, b) gender guidelines c) until recently, minimal detention of refugee claimants d) an active resettlement program.,Canadian Council for Refugees,24,Canadas leadership is r
23、elative,However, Canada s system has serious shortcomings: Stopping refugee claimants from reaching Canada. Refusing to provide appeal. Delays in processing applications of sponsored refugees. Slow processing of refugees spouses and childen to join them in Canada. Not challenging anti-refugee discou
24、rse.,Canadian Council for Refugees,25,Issues for Canada: Safe Third Country Agreement (1),December 2004 Canadian Government designated the US a “safe third country”, closing the land border to most refugee claimants. Only a few exceptions apply (e.g. if one has family with status in Canada),Canadian
25、 Council for Refugees,26,Issues for Canada: Safe Third Country Agreement (2),But the U.S. is not safe for refugees because:1000s of refugee claimants, including children, are detained in the U.S., some for years.U.S. fails to protect refugees due to narrow interpretation of refugee Convention and ru
26、les such as one-year bar to claiming.,Canadian Council for Refugees,27,Issues for Canada: Safe Third Country Agreement (3),U.S. discriminates by detaining Haitians based on nationality; people from Muslim countries are at high risk of detention.2002 U.S. deportation of Canadian citizen Maher Arar to
27、 Syria demonstrates their low regard for human rights of some non-U.S. citizens.,Canadian Council for Refugees,28,Issues for Canada: Canada refuses to implement appeal,Many refugees are recognized in Canada, but some are mistakenly denied:No appeal on merits. The Inter-American Commission on Human R
28、ights has urged Canada to provide appeal. 2002 Canadian Parliament adopted law that created Refugee Appeal Division but Government has refused to implement it.,Canadian Council for Refugees,29,Issues for Canada: Sponsored refugees wait for years,As of 2005, more than 12,000 refugees overseas are wai
29、ting for a decision:Refugees sponsored in 2005 may not even be interviewed until 2008.Private sponsors in Canada lose hope.,Canadian Council for Refugees,30,Issues for Canada: Families wait to be reunited,Some refugees in Canada wait years for their spouses/children to be allowed to join them: Barri
30、ers in processing (e.g. DNA testing) and scarce resources in Canadian visa posts cause delays.Lives of family members overseas can be at risk.,Canadian Council for Refugees,31,Issues for Canada: Anti-refugee discourse,Some Canadian media and experts carry simplistic messages that dangerously present
31、 one group of refugees as more deserving than another:Refugees in camps are presented as “good“ refugees who wait patiently overseas. Refugees who come to Canada to claim refugee status are presented as “bad“, accused of jumping an imaginary queue.,Canadian Council for Refugees,32,What is wrong with
32、 this message?,It allows governments to manipulate public opinon by scapegoating refugee claimants (e.g. in 2001 the Australian Government used anti-refugee rhetoric to win the election).It violates international law which obliges states (including Canada) to respect the right to flee persecution to seek refuge.It creates hate and fear toward a vulnerable group of people.,Canadian Council for Refugees,33,Future challenges,What doYOU think they are?,
