In a effort to be "tough", Immigration Minister Elinor Caplan is putting some genuine refugees in danger says Amnesty International Canada. Proposed legislation does provide a new independent appeal for refusals of refugee status, recognizes Canada's international human rights obligations under the Convention Against Torture, and the Convention on the Rights of the Child, and includes new mechanisms to speed up the determination process.

All are welcome long-awaited improvements which will better safeguard basic human rights of refugees. But these positive changes are being made along with provisions which exclude groups of refugee claimants under the guise of "threats to public health and safety".

"Repressive governments use criminal law to punish political opponents or persecute minorities", notes Alex Neve, Secretary General of Amnesty International Canada's English branch. "The victims of this practice cannot be denied access to the refugee process. The absolute nature of the proposed exclusions will do just that."

Everyone who may be in danger of serious human rights violations if returned to their own country must be allowed to enter the determination process. The new bill does consolidate the grounds for assessment of risk based on the Geneva Convention on Refugees, the risk of torture under the Convention Against Torture and the risk to life and or cruel and unusual punishment. But in excluding so called "serious criminals, terrorists, human rights violators, traffickers and security risks" there is a real danger of sending some of them back to face serious human rights violations such as torture.

Canada is under a strict international obligation as a signatory to the Convention AgainstTorture not to return anyone to a state where they "would be in danger of being subjected to torture".

"The proposed bill refuses protection to some refugees through the 'front door' and the planned interdiction of others overseas may slam shut the 'back door'", says Neve.

Absent from the bill but given prominence in background material is the fact that "more immigration control officers will be stationed abroad, to direct genuine refugees to appropriate missions or international organizations, while preventing undocumented persons from seeking irregular channels of migration to Canada."

False claimants must be deterred. But access to protection by Canada of genuine refugees cannot be denied under the guise of stopping "undocumented persons". Intercepting refugees has become a practice of a number of states, creating barriers that make it impossible for many genuine refugees to reach a safe country. It is not an issue that is addressed in the current Act or the proposed legislation. It is time to do so. Rights and obligations must be established to ensure that Canadian immigration officers do not impede a refugee's flight to freedom endangering their lives and freedom.

"The proposed legislation does provide real protection against wrong decisions with the appeal process of refusals of refugee status", says Neve. "It also importantly acknowledges Canada's international human rights obligations. But it must not enhance protection for some and deny it for others."

Please note that Amnesty International Canada is preparing a detailed brief on the Bill and expects to present this information at the Committee stage.
 

For further information John Tackaberry,

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