Overseas Protection and Resettlement

Statelessness

Resolution number
12
Whereas
  1. Stateless people are in a vulnerable situation because they have no protection from a state;
  2. IRPA does not specify stateless persons as a group needing protection or eligible for landing on humanitarian and compassionate grounds.
Therefore be it resolved

That the CCR:

  1. Strongly urge the Minister to amend IRPA to include statelessness as a ground for protection (both in Canada and for resettlement).
  2. In the alternative, use the authority of subsection 25(1) to establish "protection of stateless persons" as a public policy category for permanent residence and amend the Immigration and Refugee Protection Regulations to include statelessness as a ground for resettlement to Canada.
  3. As an interim measure urge CIC to amend the Immigration Manual, Chapter IP5, to include statelessness as a factor for landing in H&C applications. ID requirements and establishment requirements should be waived in view of the special hardships faced by stateless persons.

Dadaab and Kakuma

Resolution number
11
Whereas
  1. There are more than 120,000 refugees in the Dadaab camps and 86,000 in Kakuma refugee camp from several different African countries who have been resident there for up to 14 years;
  2. Peace processes are underway in the region, which have potential implications to refugees such as possible reduction of services and closure of camps;
Therefore be it resolved

That the CCR:

  1. Urge the UNHCR to ensure that conducive conditions exist before beginning any voluntary repatriation of refugees from the camps.
  2. Urge the UNHCR to continue to promote resettlement as a durable solution for these refugees.
  3. Encourage the Canadian government to continue to actively assist the UNHCR in promoting resettlement as a durable solution for these vulnerable populations;
  4. Encourage the Canadian government to increase funding to the UNHCR and WFP programs and services in the camps.

Liberian refugees

Resolution number
10
Whereas
  1. Refugees from Liberia have continued to flee to Tabour Camp in Ivory Coast and to Buduburam Camp in Ghana;
  2. Canadians from Liberia are in regular communication with these refugees;
  3. There is presently no hope for early repatriation or local integration;
  4. The camps are seriously ill-equipped to protect their residents;
Therefore be it resolved

That the CCR:

  1. Call on the Government of Canada to urge the UNHCR to provide humanitarian aid adequate for the safety, health and maintenance of these vulnerable populations.
  2. Urge Citizenship and Immigration Canada to expedite early resettlement of persons in urgent need of resettlement.

Ethnic cleansing in Darfur (Sudan)

Resolution number
14
Whereas

The government of Sudan is engaged in a policy of ethnic cleansing against the population of the Darfur region, as it has done in the past against other ethnic groups in the country.

Therefore be it resolved

That the CCR urge the Canadian government to:

  1. Send a strong protest to the government of Sudan condemning its deliberate policy of ethnic cleansing in Darfur region and requesting the government of Sudan to grant full and unhindered access to Darfur region by international organizations.
  2. Raise the issue of ethnic cleansing in Darfur at the UN Commission on Human Rights (UNCHR) and other international for a.
  3. Explore the possibility of joining in a fact finding trip to Darfur region.

Torture in Iraq

Resolution number
13
Whereas
  1. The news about torture, murders and disappearance of prisoners in Iraq, Afghanistan and Guantanamo Bay by American and coalition forces has shocked the conscience of the world and has led to widespread reaction in the USA and elsewhere.
  2. An Optional Protocol to the Convention against Torture, dealing with the mandate of the UN Committee against Torture to enter and monitor conditions in places of detention, has been adopted by the UN General Assembly and is ready for accession.
Therefore be it resolved

That the CCR write to the Prime Minister of Canada demanding that Canada:

  1. Make a public condemnation of torture in Iraq and Afghanistan by US and coalition forces, and ask for the US administration to:
    a) Adhere to the international legal instruments against torture and other cruel, inhuman or degrading treatment or punishment.
    b) Train US military personnel and other enforcement official to adhere to these human rights standards.
    c) Allow outside inspection of US-controlled jails, detention centres and other facilities where persons are detained.
    d) Designate an independent ombudsperson to receive complains about torture and other human rights abuses.
  2. Accede to the UN Optional Protocol to the Convention against Torture and encourage other countries – including and especially the USA – to do the same.

Repatriation

Resolution number
12
Whereas
  1. UNHCR recognizes voluntary repatriation as one of the three durable solutions and thus actively promotes it when and where conditions permit.
  2. These conditions must be not merely transient but fundamental such as the restoration and rehabilitation of infrastructure, restitution of land and lost property, and all other factors which make voluntary repatriation sustainable.
  3. It is crucial that refugees, including refugee women, have a say in all decisions and activities that affect them, including decisions and activities on voluntary repatriation.
Therefore be it resolved

That the CCR ask the Government of Canada to urge UNHCR to insist as a matter of principle in its discussions and negotiations with host governments and governments of countries of origin that refugees, especially refugee women, be included as active partners in the negotiation, planning and implementation of all voluntary repatriation processes.

Interim Federal Health issues

Resolution number
11
Whereas
  1. The problems with the IFH program have been mounting.
  2. The IFH Advisory Committee has become inactive.
Therefore be it resolved

That the CCR urge Medical Services Branch to mobilize the IFH Advisory Committee to develop solutions to: a) registration problems b) the complex claim process c) the slow reimbursement scheme d) inadequate resources for increasing special needs.

Subject

Slow processing times

Resolution number
10
Whereas
  1. There is a long, 2-3 year backlog of privately sponsored refugee applications.
  2. CCR adopted Res. 13, May 02 on long processing times.
  3. All government-assisted refugees (GARs) are now referred by the UNHCR (other than in source countries) and CCR has repeatedly been told that there are limited visa office resources.
Therefore be it resolved

That the CCR urge CIC to simplify the overseas refugee determination process, and to eliminate the perennial backlog by not re-interviewing UNHCR referred GARs, and through temporary staff re-deployments.

Resettlement, durable solutions and signatory countries

Resolution number
9
Whereas
  1. The CCR adopted Resolution 5, Dec. 1999 drawing CIC’s attention to the inconsistency of interpretation of ‘durable solution’ and calling for an interpretation that specified that temporary protection and eligibility for future refugee determination do not constitute a ‘durable solution’.
  2. CIC’s manual chapter OP5 fails to provide clarity to the interpretation of ‘durable solution’, and continues to blend the concepts of ‘signatory countries’ and ‘fair and effective protection regimes’.
  3. The language used in OP5 does not conform to the regulatory provisions in IRPA.
  4. CIC created the policy in OP5 of ‘signatory countries’ as a limitation to access the Canadian resettlement stream even though IRPA provides no such limitation.
Therefore be it resolved

That the CCR:

  1. Urge CIC to abandon the use of concepts of ‘signatory countries’ and ‘fair and effective protection regimes’ and focus its attention on the availability of a durable solution for the individual applicant.
  2. Urge that OP5 be amended to conform to IRPA and to set out that there is no reasonable prospect of a durable solution in all those situations where it has been improperly applied, and in particular, those situations where: a)    a refugee claim has been made in the country where the person is located and rejected.

     

     b)    the determination of a refugee claim in the country where the person is located is subject to undue delays.

     

     c)    a refugee claim is pending in the country where the person is located and likely to be rejected for the reason that the concept of protection is applied more narrowly by that country than by Canada.

     

     d)    the person has been denied access to the local refugee determination regime because of the person’s own prior irrevocable waiver of the right to access the refugee determination system.
  3. Request that CIC:
    a) make it clear to sponsors and the applicant when CIC believes that applicants are in a country where local integration may represent a durable solution.
    b) indicate concretely what the proposed durable solution is.

     

     
    c) allow the sponsors and the applicant to rebut that presumption.
  4. Urge its members to litigate failed resettlement cases where ‘signatory country’ was the issue.

CIC’s reaction to the Turkish government’s exit permit requirement for privately sponsored refugees

Resolution number
8
Whereas
  1. There have been long-standing difficulties in obtaining exit permits from Turkey for privately sponsored refugees.
  2. CIC has decided unilaterally to close all current private sponsorship files, including cases which have already been accepted by the visa post to come to Canada.
  3. The Sponsorship Agreement states that the Private Sponsorship of Refugees Program “is a symbiotic partnership between SAHs and CIC wherein each relies on the other to fulfill their responsibilities in order for the program to succeed” and “the partnership … provides a framework where SAHs may collaborate with CIC to respond to special measures … and emergency situations” (Principles b and g).
Therefore be it resolved

That the CCR:

  1. Urge CIC to keep all current private sponsorship files in Turkey open until all avenues have been pursued and until such time as an agreement can be reached with the SAH representatives, and to lift the ban on new undertakings, pending a solution(s) to the exit permit issues.
  2. Urge the government of Canada to continue working with the Multilateral Technical Committee to find a solution(s) to the current and future Turkish exit permit issues.
  3. Urge CIC to respect the terms of the SAH agreement (Principles b and g) and work in full collaboration with elected SAH representatives in further negotiations.
  4. Urge UNHCR to take proactive steps to assist in facilitating the departure from Turkey of persons accepted by the Canadian visa post.