Canada has recently been criticized for its
failure to
properly respect the human rights of refugees and immigrants in Canada
by
various UN bodies.[1] The
previous government did not commit to
correcting its policies to ensure compliance with human rights
standards.
What would you do to ensure that Canada’s treatment of refugees and immigrants respects international human rights standards?
The previous government failed to implement the
appeal for
refugees that is required by the Immigration and Refugee Protection
Act, disregarding
the clear will of Parliament that passed the law and breaking the
promise of
the then Minister who said that it would be implemented by 2003. The lack of appeal puts Canada at risk of
violating the rights of asylum seekers by sending them back to face
persecution
after a wrong refugee decision. [3]
Since the government implemented the “safe third country” agreement with the US, Canada’s door has been closed to many refugees, despite its obligation not to return refugees directly or indirectly to persecution. The number of refugee claims made in Canada has plummeted to the lowest levels in twenty years. [4]
Given Canada’s wealth and privilege and its
international
responsibilities, do you think it justified that we reduce access to
Canada and
consequently the number of claimants so drastically?
How few claimants is few enough?
Parliament recently approved a bill criminalizing
trafficking in persons, but nothing has been done to provide protection
for
victims of trafficking in Canada. They
are often subject to detention and deportation, rather than being
treated as
victims of a serious crime.
[5]
The February 2005 budget contained a commitment to provide new money for settlement services, but these funds were not approved before the dissolution of Parliament. Services for new immigrants to Canada are severely underfunded, making the adaptation process more difficult for newcomers.
Federal and provincial governments have been talking for years about the need to improve access to the labour market for newcomers. However, actions taken so far have not done enough to address the range of barriers faced, including racism, and there is increasing poverty among immigrants and especially those from racialized communities. There has been inadequate attention to the situation of immigrant women in particular.
The Canadian government has imposed a moratorium on removals to certain countries, such as Zimbabwe, Democratic Republic of Congo and Iraq, because of the situation of generalized risk. Nationals of those countries are allowed to remain in Canada and can apply for a work permit. However, they are without permanent status, unable to reunite with family members, pursue higher education or get a secure job. Some have been in this legal limbo for more than 10 years. [6]
[1] The Committee against Torture criticized Canada for failing to accept the absolute prohibition on return to torture (http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/3cb671dd5759dc86c125704300482db6?Opendocument). The Human Rights Committee repeated the same concern and also criticized the use of security certificates (http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/7616e3478238be01c12570ae00397f5d?Opendocument)
[2] The UN Committee on the Rights of the Child (27/10/2003. CRC/C/15/Add.215) complained that Canada had not adequately addressed its earlier recommendation to expedite family reunification. Dependants of refugees processed through Abidjan (includes dependants in Democratic Republic of Congo) must wait more than 36 months in 50% of cases. For further information, see Family Separation: Who pays the cost, http://www.ccrweb.ca/famreunissuesoct05.pdf
[3] For information, see Letter regarding non-implementation of the Refugee Appeal Division, Nov. 2005, http://www.ccrweb.ca/RADletter.pdf and The Refugee Appeal: Is no one listening?, 31 March 2005, http://www.ccrweb.ca/refugeeappeal.pdf
[4] For further information, see Closing the Front Door on Refugees: Report on Safe Third Country Agreement, August 2005, http://www.ccrweb.ca/closingdoor.pdf
[5] Bill C-49 (see http://canada.justice.gc.ca/en/news/nr/2005/doc_31764.html) For further information on the lack of protection, see Trafficking Backgrounder, Nov. 2004, http://www.ccrweb.ca/traffbackgrounder.html
[6] For further information, see Lives on Hold pamphlet, http://www.ccrweb.ca/livespamph.pdf