Inland Protection

Follow-up to Davis/Waldman and Hathaway reports

Resolution number
27
Whereas
  1. The report entitled Quality of Mercy by Susan Davis and Lorne Waldman recommends sweeping changes to the process of handling refugee claims;
  2. The report entitled Rebuilding Trust by James Hathaway recommends reforms to the selection, role and training of the people involved with the handling of refugee claims;
Therefore be it resolved

That the CCR:

  1. Request the Minister of Citizenship and Immigration and the Chairperson of the Immigration and Refugee Board to study the interaction of the above two reports and to prepare an implementation plan to co-ordinate the changes to be made as a result of these reports;
  2. Request that the CCR be made a full participant in the preparation of the above implementation plan;
  3. Undertake to develop by the end of September 1994 a common position on the essential principles from both of the above reports that it will advocate in discussions with the government and the IRB.
Working Group

Public inquiry into canadian military actions in Somalia

Resolution number
18
Whereas
  1. The CCR advocates on behalf of the human rights of refugees in Canada and abroad;
  2. Many clients of our constituent organizations are Somalis who have fled to Canada due to the torture and persecution they have suffered in their homeland at the hands of other Somalis;
  3. Canada's reputation as a country which respects human rights is the reason many refugees chose our country as a place of asylum;
  4. The CCR is therefore shocked that members of the Canadian military have been involved in the torture of a Somali youth, and that there are allegations of other serious abuses of Somalis by Canadian military personnel;
Therefore be it resolved

That the CCR strongly support a full public inquiry into the actions of the Canadian military in Somalia, as recently announced by the Minister of Defence, and urge the Canadian government to proceed with this inquiry as soon as possible.

Working Group

Public education on sexual minorities

Resolution number
17
Whereas
The subjects of sexual minorities in general and refugee claims based on persecution on the grounds of sexual orientation are not discussed in the ethnic communities;
Therefore be it resolved
That the new anti-racism core group ensure that the issue of sexual minorities is placed on their agenda to do public education within the CCR membership.
Working Group

Guidelines and education on sexual orientation for the IRB

Resolution number
16
Whereas

There are a number of refugee claims based on sexual orientation being rejected by the Immigration and Refugee Board for reasons that indicate prejudice at worst and a lack of knowledge at best;

Therefore be it resolved

That the CCR strongly urge the Immigration and Refugee Board to develop and adopt Guidelines for determination of claims of persecution on the basis of sexual orientation and provide on-going education on the Guidelines and on combatting homophobia to members, refugee hearings officers and interpreters.

Working Group
Subject

C - 44

Resolution number
15
Whereas
  1. The Parliamentary Committee hearing submissions on Bill C-44 has requested the CCR to make a submission on alternatives to the provisions of that Bill;
  2. A submission has been prepared by David Matas which was presented to the Refugee Protection Working Group on November 25, 1994;
Therefore be it resolved
That the CCR Submission to the Parliamentary committee on C-44 written by David Matas be endorsed as CCR policy and forwarded to the said Parliamentary Committee. [See back page for synopsis of brief's recommendations.]
Working Group

Information on human rights of women in Iran

Resolution number
14
Whereas
  1. There are reports coming out of Iran and resolutions of the Human Rights Committee of the United Nations about the Tehran regime's treatment of women;
  2. Due to the terrible situation of women and the barbaric tortures practised against political prisoners a catastrophic situation has been created forcing women's mass escape from Iran;
Therefore be it resolved

That the CCR write to the IRB expressing concern about the inadequacy of accurate and authentic information based on first-hand information, in particular the lack of sufficient information about up-to-date events in Iran and the true picture of the terrible situation of women in that country.

Working Group

IRB inquiry

Resolution number
13
Whereas
  1. The CCR is committed to seeking refugee policies and practices guided by principles of refugee protection. We believe in the importance of having people who have worked with refugee communities in positions of responsibility within the Immigration and Refugee Board;
  2. The CCR has developed a position on these matters entitled "Position on Essential Principles in Response to Hathaway and Davis/Waldman Reports" (September 1994);
  3. The CCR does not know the full details of the complaints made against Michael Schelew, nor of the process which led to his suspension;
Therefore be it resolved

That the CCR reaffirm the folllowing principles to which we are committed:

  1. The independence of Board members as decision-makers and of the IRB as a quasi-judicial tribunal.
  2. The need for a credible, transparent and accessible mechanism within the IRB for dealing with complaints.
  3. The need for an independent and impartial process for the appointment and reappointment of the members of the IRB.

We are furthermore deeply concerned with the barrage of media attacks on the refugee determination process. We are dismayed that no effort seems to have been made by the Minister's office to address the many distortions and inaccuracies contained in the various articles, when what is at stake may be the very principle of refugee protection.

Working Group

Convention on the rights of the child

Resolution number
12
Whereas
  1. The Canadian Council of Churches and the Inter-Church Committee for Refugees have cooperated in the preparation of a brief submitted by ICCR to the UN Committee on the Rights of the Child about non-citizen children;
  2. The CCR meets regularly with senior immigration officials;
Therefore be it resolved

That the CCR support the thrust of the Brief submitted by ICCR and raise the major recommendations of the Brief at its meeting with officials, namely:

  1. providing training programs on the Convention for the various actors in immigration procedures;
  2. allowing the children of non-citizens to benefit from the Canadian Human Rights Act as of right;
  3. introducing provisions of the Convention into the Immigration Act and Regulations relating to overseas procedures; children in hearings and interviews; family reunion procedures; and access to essential health and social services.
Working Group

Organizational renewal of C&I for improved service

Resolution number
11
Whereas
  1. C&I has not met their own targets for processing claims, processing requests for permits or conducting reviews in a consistent or timely manner;
  2. There appears to be routine discrimination against people of colour within some parts of the Department, and there are regular reports of negative verbal comments against refugee or immigrant clients;
  3. The Department appears to have lost sight of the principle of client service, and its frontline employees are angry, confused and overwhelmed;
  4. C&I is likely to be the subject of continued resource reductions;
Therefore be it resolved
  1. The CCR communicate to the Minister of Citizenship and Immigration the need for his commitment to a process of total organizational renewal of his Department with full involvement of stakeholders: Department management; employees and their representatives; and clients, including NGOs;
  2. In this context, the CCR ask that urgent attention be given to the Vegreville situation;
  3. As the CCR contribution to the Government Program review, the CCR communicate to the Minister of Citizenship and Immigration all CCR resolutions with a cost-saving implication for the government.
Working Group

Privacy at the Federal Court

Resolution number
4
Whereas
  1. Proceedings at the IRB involving refugees and refugee claimants are held in private by operation of law;
  2. Disclosure of information regarding refugees can place applicants, their family members and associates at risk;
  3. The information contained in judicial review records routinely includes protected private information;
Therefore be it resolved

that the CCR call on the Federal Court to adopt a practice of identifying refugee claimants by initials only and to take other appropriate measures to preserve confidentiality of private information for applicants seeking leave for judicial review of all immigration matters concerning risk to persons, including decisions by the Refugee Protection Division, Refugee Appeal Decision, the Immigration Division, and Minister’s delegates.

Working Group