Archive for the ‘Immigration/Refugee/Migrant Justice’ Category

Project Samosa Anti Terror Arrests: A Spiced Up and Deep Fried Narrative

Wednesday, September 1st, 2010

 

By No One is Illegal-Vancouver, August 29th, 2010

No One is Illegal-Vancouver, Coast Salish Territories is a grassroots anti-colonial migrant justice group with leadership from members of migrant and/or racialized backgrounds. As a movement for self-determination, we challenge the racist ideology inherent to the War on Terror that is intrinsically linked to repressive immigration controls. This past week four men were arrested, three in Ottawa, as part of a 2-year investigation entitled “Project Samosa” (cultural sensitivity training seems to have missed the fact that not many Pakistanis and Indians actually like samosas). According to reports, Misbahuddin Ahmed, Hiva Alizadeh, and Dr. Khurram Syed Sher have been charged; a fourth person has been arrested but not yet charged; while three to four others are overseas suspects and co-conspirators.

The men must be presumed to be innocent, both in the court process and in public consciousness. Media sensationalism, government statements, and public commentaries have revealed that the men are being considered and treated as guilty terrorists. This is despite the fact that defence counsel Anser Farooq has said that he knows almost nothing about the specifics of the case and that the charges are vague.

In a press conference, law enforcement official Mr. Juneau-Katsuya articulated high-tech detective skills: “We’ve got red flags everywhere and you can trip one of those flags anytime. If you’re traveling to Pakistan, that’s a red flag…When you’ve got enough red flags, then you become a person of interest. My understanding is they were caught from the Internet.” Juneau-Katsuya also stated that one of the alleged targets was the Montreal transit system. However Isabelle Tremblay, a spokeswoman for the Montreal transit authority, said there have been “no threats, and no information regarding this claim. If something like that occurs, we’re informed. On this matter, there’s nothing.” In an extensive Globe and Mail interview Rizgar Alizadeh, Hiva’s older brother, described the allegations against both him and his brother as “a pack of lies” and said he was neither angry nor fearful because his “conscience is clear”.

The mainstream corporate media has played a crucial role in stirring public frenzy by uncritically parroting government rhetoric such as “homegrown terrorists” and “Jihad generation” and that the suspects were “inspired by Al Qaeda”, without providing any evidence to substantiate such a claim. Such stigmatizing statements will have a permanent damaging effect on the men and their families and their “guilt” will surely continue even if the charges are dropped or the men are acquitted.

Seven years ago in 2003, over twenty South Asian- predominantly Pakistani-Muslim men were arrested in Toronto in a sweep called “Operation Thread” for allegedly being an Al-Qaeda sleeper cell. None of the allegations were proven to be true and not one of the men was ever formally charged, let alone convicted. Yet most were deported and their lives destroyed by the unsubstantiated allegations linking them to terrorism. Four years ago, eighteen men and youth were arrested in the Toronto 18 terror plot. Seven subsequently had all charges dropped, while others were convicted or had to plead guilty under excruciating circumstances, including the pre-arrest existence of well-paid police informants pushing and heavily influencing activity amongst youth, and post-arrest the detainees having to endure conditions of isolation and segregation in high-security prisons for several years. These are reasons enough to remain vigilant. As Alex Neve, the secretary general of Amnesty International has said “the main lesson here is that there can easily be a great deal of hysteria. But there have been previous cases that have collapsed or proved not to be as advertised.”

Despite the fact that the men arrested are all residents and citizens of Canada, the questioning of their “Canadian-ness” reveals a shallow multiculturalism and reinforces the racialized national space. Stories about their Otherness abound: “the suspect with a full, long beard”, “there was nothing that seemed too out of the ordinary except neighbours noted the women wore a niqab or burqa”, or “she said the couple talked openly about their Muslim beliefs”. Profiling is a hateful double standard by which individual members of communities are judged and held responsible for acts or behaviours based on their culture, race, ethnicity, and/or religion. In contrast, white Christian middle-aged men aged 18-45 did not suffer the indignities of suspicion and stereotyping after the bombings of Oklahoma City. Their “ability to integrate” or their positioning within North American society was not challenged. In a media statement after the arrests, Public Safety Minister Vic Toews singled out immigrant communities to be ‘vigilant and to report any suspicious behaviour of homegrown extremism’. Of course he did not ask white people to be vigilant against the growing presence and extremism of white supremacists and neo-nazis who have brazenly been taking to the streets over the past few years.

These arrests will also provide further justification for the policing and security apparatus, which since 9/11, has already resulted in pervasive government and media censorship of information, the silencing of dissent, legislation granting intelligence and law enforcement agencies much broader powers of intrusion, and increasingly exclusionary and racist immigration policies. Over the year, $2 billion security budgets for the Olympics and G20 summit have led to increased law enforcement, coordinated operations of unprecedented mass arrests, and creeping surveillance technologies. Currently the Canadian government is strengthening the false association between migrants and terrorists in their dehumanizing treatment of 492 Tamil refugees, including women and children, who arrived to the coast and are all currently being incarcerated. [The Canadian Security and Intelligence Service] has recently revealed it is tracking more than 200 individuals in Canada with possible terrorist links.

The discourse of the War on Terror is rooted in a deliberately-cultivated fear and paranoia, which reduces our capacity to think and debate critically. In the past few years, Canada has re-invented itself as an aggressive and crusading Western imperialist power with an increasing presence of occupation forces in Afghanistan, while strengthening ties to the apartheid state of Israel. Meanwhile, Omar Khadr continues to languish in Guantanamo Bay, facing a military trial where evidence gained through torture is admissible. The historical and present reality is that Canadian state policies have been far from peaceful or benevolent. The foundational values of the Canadian state locally are self-evident through residential schools, the Komagatamaru incident, the Indian Act, Japanese-Canadian internment, forced sterilization, the Chinese Head-Tax, and countless other realities.

We commit ourselves to continuing to defend our communities against the demonization of being “The Enemy Within” that is justifying increasingly repressive and racist policies. We struggle for the elimination of all forms of oppressive violence waged against the peoples of the world, particularly the never-ending War on Terrorism which is bringing the greatest degree of terror and fear in the lives of the world’s majority. We place ourselves within the broader movement for global justice struggling against capitalism, homophobia, imperialism, occupation, patriarchy, poverty, racism and other forms of domination because we recognize that these are interconnected systems. We envision and actively strive for a humanity where everyone has the right to sustenance and the ability to provide it, where we are free of misery and exploitation, and are able to live meaningfully in relationship to one another and in reverence for Mother Earth that sustains us.

Image via NOW on pbs.org

REPORTBACK: Stop Jailing and Deporting Refugees, Let them Stay!

Monday, August 30th, 2010

Published by NOII on August 25, 2010
Poster Image above by Meera Sethi “The image references a popular brand of matchbox in India

On Saturday August 21st, close to 250 people gathered at the Vancouver Art Gallery on Coast Salish Territories as part of a National Day of Action to demand the release of detained Tamil asylum seekers and an end to racist and restrictive refugee policies. The march opened with a traditional opening as Indigenous Elders welcomed the Tamil asylum seekers to their territories and condemned the government and Jason Kenney. Speakers underscored the history of racist exclusion in Canadian immigration policy, the daily violence of detentions and deportations justified under the guise of ‘criminality’ and ‘security threats’, the commodification of migrants as exploitable labour in order to be deemed worthy, and how the hollow rhetoric of multiculturalism and inclusion unravels every time a boat of migrants challenges the Canadian state and its fortified border.

Premrajah Chelliah, a Tamil community activist, also described the military atrocities of the Sri Lankan government including mass killings, abductions, arbitrary detentions, destruction of homes and infrastructure. His own family was forced into camps during the incursions of last year. He highlighted the diplomatic and economic ties between the Sri Lankan and Canadian government, making Canada complicit in the horrors ‘over there’.Several solidarity statements were shared during the rally, including by women who worked with the Fujiyan migrants in 1999; and powerful poetics were shared by Press Release Collective and these words by Wayde

Compton:
when jurisdiction cuts the earth to the bone,
the proper diction is the unspoken issue, and the flesh
of the people’s colour in the boats in the hull in the belly of a dream
without papers or definition, in quotations, “refugee,” a penstroke
from relief. languishing in the languaged exile of illegalese.

While some chose to heckle the march with the predictable ‘send them back’, many on-lookers joined the march and chanted “Justice for Immigrants, Freedom for Refugees” and “No One Is Illegal, Stop Deporting People” alongside hundreds of others. A highly vocal and defiant march was led by Indigenous drummers and a banner with 490 painted hearts reading “We Say Welcome”. Hundreds of leaflets dispelling myths about the migrants, attached to hand-crafted flowers, were passed out to downtown shoppers. The march ended at the Citizenship and Immigration Canada offices, near the Vancouver Public Library, a complex which also houses detention cells and where migrants and refugees are shackled and held every single day.

Those gathered vowed to continue being visible and agitating till all migrants were released from detention, till our communities were safe from deportations, till we put an end to racism and anti-migrant xenophobia, and till our daily lives were fully rooted in liberation, self-determination, and the land.

(Some mainstream media articles in the Vancouver Sun, News 1130, and CKNW linked here)

==> Actions also took place across the country, with Montreal organizing a forthcoming action this Thursday August 26th from noon to 2 pm in front of Immigration and Refugee Board offices, Complex Guy-Favreau, 200 Boul. René Levesque.

In UNSURRENDERED WET’SUWET’EN TERRITORY (near Smithers, interior of so-called British Columbia), Indigenous allies held information pickets throughout their territories including the tourist site of Moricetown Canyon. According to Mel Bazil of the Wet’suwet’en and Gitxsan nations and an Indigenous land defender resisting tar sands pipelines and tanker traffic on his territories: “We understand how the so-called First World and G8 countries dominate peoples from the Third World and Indigenous people all over. We know the consequences of racist and classist governments displacing our families and peoples from homelands. It is not up to the few wealthy and greedy populations to determine how the dehumanized and dispossessed populations will survive. We support the Tamil refugees and stand in solidarity with No One Is Illegal.”

In TORONTO, a 40 feet x 6 feet banner “Toronto Welcomes Tamil Migrants” was dropped over the Gardiner Expressway near Roncesvalles. “Kenney and Toews are using words like terrorists and human traffickers with absolutely no evidence” said Ryan Hayes of No One Is Illegal –Toronto. “They did the same thing when the refugee claimants arrived in October 2009, but had to accept that there was no truth to their assertions”. (Read a full Toronto report here)

In KITCHENER-WATERLOO, AW@L dropped a banner that read “Welcome Tamil Migrants” and demanded that the Tamil migrants who have arrived on the MV Sun Sea be immediately released from detention, that their rights be upheld, and that the racist criminalization of refugee claimants ceases immediately. Interview with Rachel Avery here.

In VICTORIA, nearly 100 people marched through downtown, blocking traffic on Government Road. “Say it loud, say it clear, refugees are welcome here,” the group chanted as cars were backed up nearly two-blocks into the downtown shopping core. The protesters decried the detention of 492 refugee claimants. “Today is about advocating for the rights of refugees to be treated with dignity and respect,” said Rose Henry from the Victoria Anti-Racism Network and is also an Indigenous and homeless rights activist.  Read news article “Supporters of Tamil Refugees Hold Downtown Protest in Victoria” here.

In OTTAWA Unceded Algonquin Territory, over 100 immigrants, Indigenous people and allies rallied outside the Citizenship and Immigration Canada offices. “From one community of resistance to another, we welcome you” said Pierre Beaulieu-Blais, an Anishnabe member of NOII-Ottawa to the enthusiastic crowd, “as people who have also lost our land and been displaced because of colonialism and racism, we say Open All The Borders! Status For All!” The crowd cheered for welcoming immigrants and refugees as people who are deserving of respect, dignity, and freedom of movement. As Jason Kenney, minister of Citizenship and Immigration, hid in his office under lock down and his spokesperson was lashing out at NOII, the crowd chanted “Jason Kenney Go Away – Tamil Migrants Here to Stay” and “No Borders, No Prisons – Stop the Deportations”. Families, students, Union representatives and other community members distributed hundreds of flyers to onlookers and people walking by, dispelling some of the myths about the Tamil migrants. Read a French news article here and article “Tamil supporters in Ottawa call for refugee ’status for all’ here.

Over the past two weeks, NOII and our allies have engaged in a campaign to raise awareness about refugee rights, to dispel myths about migrants, and to challenge the blatantly racist and dehumanizing stereotypes about the migrants. The only crime the migrants have committed is transgressing this imposed settler-colonial border. We have organized rallies, produced factsheets, encouraged creative resistance, talked to hundreds of our neighbours and community members, released media and community statements, signed petitions, and dropped banners. We will not stop until the Tamil asylum seekers, and all migrants, are released from detention immediately and welcomed to lives of dignity and respect.

Join us in our ongoing mobilizing to reject repressive, racist, and exclusionary ideologies and policies, and instead encourage compassion, solidarity, respect for life, and justice for all refugees. We strive and struggle for a world in which no one is forced to migrate against their will. We also strive and struggle for a world where people can move freely in order to live and flourish in justice and dignity. Justice, Freedom, and Status for All!

We encourage you to put up our series of posters available here “Terrorized not Terrorist”, ‘Let them Stay’ and ‘Anti Neo Nazi, Fight Racism. Sign the online petition here. Distribute a myths and realities factsheet. Take your own initiative; many other ways to support are outlined here.

==> RECENT COMMENTARIES:

UK Guardian: Populist politicians seized on Tamil refugees to ramp up anti-immigrant rhetoric:

Vancouver Sun: Public rage against Tamil refugees has a nasty, xenophobic odour by Stephen Hume

Media Co-op: A Brief History of Anti-Migrant Hysteria in Canada by Fathima Cader:

Vancouver Sun: Why we should welcome boatful of Tamil refugees into Canada by Harsha Walia

Rabble: Reaction to the Tamil boat and Curious comparisons by Seth Klein

For PHOTOS from across the country (courtesy NOII groups, VMC, AW@L): http://www.flickr.com/photos/nooneisillegal/


Seven myths about the Tamil refugees

Tuesday, August 24th, 2010

By No One Is Illegal-Vancouver
August 20, 2010
Published on rabble.ca

Surviving a dangerous three-month ocean journey, 492 Tamil refugees — including around 60 women and 55 children — arrived in B.C. after fleeing war and persecution in Sri Lanka. When the ship the MV Sun Sea first neared Esquimault on Vancouver Island, the territories of the Songhees First Nation, it was immediately boarded by the Canadian armed forces, border services, and RCMP.

As of Wednesday, initial hearings had been completed for about 100 of the migrants. All were ordered to be re-incarcerated in the Fraser Correctional centres and Burnaby Youth detention centre, while officials are confirming their identities. It has been revealed that after seizing the belonging of the migrants into two large U-Hauls, Canadian Border Services Agency failed to keep records to tag the belongings and documents to each individual. This is causing an unnecessary and oppressive delay, and is even more objectionable since same thing happened to the Tamil refugees who arrived last fall on the ship Ocean Lady.

The detention hearings have been opened to media, though identities cannot be published, but are closed to representatives of community organizations. Priorities for hearings are being given to the 25 mothers and 54 children, who are being held together at the Burnaby Youth Detention Centre. It was announced Thursday that one boy was separated from his father, with whom he had been travelling, and held at this detention centre.

This week, No One Is Illegal has announced a national day of action to call for the immediate release of the detained Tamil asylum seekers, an end to racist and restrictive refugee policies, and to demand “Let the Boat Stay!” Actions are being planned in Vancouver, Victoria, Ottawa and elsewhere. Details are found here and an online petition can be found here.

In the meantime, here are some myths about the case:

Myth 1: They are illegals who are jumping the queue

There is no “queue” for refugee claimants. Refugees are forced from their homes in emergency situations due to human rights abuses committed during wars, military occupations, or persecution against a minority group. We cannot expect refugees to wait for Canada to select them from overseas. We must understand that they undertake long and dangerous journeys to protect their lives and the lives of their families. According to the 1951 UN Convention on Refugees, to which Canada is a party, there are no penalties on refugees who arrive without pre-authorization and irregularly.

Myth 2: We have to crack down on human smuggling

Public Safety Minister Vic Toews and Stephen Harper recently declared that Cabinet is “strengthening its laws” to clamp down on migrants and “make this country less welcoming for future shipments of human cargo.”

Many refugees have no choice but to use irregular means, including resorting to smugglers, to flee persecution. As a report by the International Labour Organization discusses how many smuggling operations are “difficult to distinguish from legitimate work of travel agencies or labour recruitment agencies.” It is not criminal organizations but anti-immigration policies that are the biggest facilitators of human smuggling. Given increasingly restrictive immigration and refugee policies, how are most people able to migrate if not with the assistance of smuggling operations? By today’s standards, Harriet Tubman’s Underground Railroad would have been considered a human smuggling operation!

It is also important to note that the rhetoric against human smuggling is not intended to ‘protect’ victims of smuggling (who are routinely detained and deported), but to reinforce securitization of the border. In the Canadian government’s new post-9/11 laws, it does not need to be proven that harm to persons or damage to property took place in order to secure a life sentence for smuggling; the simple act of moving 10 or more people across borders without state permission is sufficient. Such measures only lead to higher fees being charged and to more unsafe routes of migration.

Myth 3: They are terrorists

There is no evidence to substantiate this. Rohan Gunaratna, the government’s primary source, has already been discredited by lawyers as well as an Immigration and Refugee Board adjudicator for being uncredible. Last October, when the 76 Tamil asylum-seekers came on Ocean Lady they were similarly labeled as terrorists and security threats. However by Jan. 2010, they were all released from detention when Canadian Border Services Agency admitted they had no evidence of a terrorist connection.

Furthermore, officials are just relying on stereotypes of Tamils as all being associated with the Tamil Tigers to create unnecessary racist hysteria and mistrust of asylum-seekers. National security laws in the post-911 climate have directly targeted and marginalized immigrants, refugees, and racialized people. These laws and policies are less about protecting society than creating a culture of fear. Many of these policies — such as Security Certificates — have been struck down in the courts after years of human rights and anti-racist campaigning. The rhetoric of the War On Terror serves as a convenient distraction from the reality that people’s daily lives are increasingly unsafe and insecure due to global neoliberal economics and war-mongering that leads to mass displacement, poverty, and human rights atrocities.

Myth 4: The situation is getting better in Sri Lanka

According to a 2010 Amnesty International report, in the past 12 months the Sri Lankan government has continued to jail critics and clamped down on dissent. Some 80,000 Tamils remain in refugee camps, while 400,000 displaced Tamils survive in communities where homes and infrastructure were destroyed. The government continues to extend a state of emergency, restricting many basic human rights, and thousands of arbitrary detentions are justified under the guise of detainees being suspected Tamil Tigers. This past month, UN Secretary General Ban Ki-moon appointed a panel to investigate war crimes and genocidal acts committed by the Sri Lankan government against Tamils.

Myth 5: They are a burden on taxpayers.

The biggest resource expenditure has been the government’s choice to spend thousands of dollars in an unnecessary security operation, including resources spent on incarcerating women and children. Only a tiny fraction has been spent on the health and well-being of the migrants, whose lives are worth more than dollars. Furthermore, scapegoating migrants for being a financial burden lets the government off the hook. All residents continue to receive inadequate access to necessary social services because of misplaced government priorities — choosing to bail out banks and sink billions into the police and military — not because of the lack of resources to provide a social safety net for all in need.

Myth 6: Canada has a generous refugee system; we cannot keep accepting people.

Despite border panics, only a small minority of asylum seekers make claims in the Western world. There are about 20 million refugees worldwide and most migrate into neighbouring countries of Africa, Middle East, and South Asia. Canada accepts fewer than 20,000 refugees per year, which is less than 0.1 per cent of the world’s displaced population.

Furthermore, Canada’s system is not generous. Deportations from Canada have skyrocketed 50 per cent over the last decade, with 13,000 deportations in the past year. With the Conservatives, the number of approved asylum claims has dropped by 56 per cent. Minister of Immigration Jason Kenney’s recent refugee reforms create two tiers of refugees, establishing a hierarchy based on nationality. There are countless structural flaws in the system, designed to make it near impossible to claim asylum. Immigration and Refugee Board members are political appointees; certain avenues such as the Pre Removal Risk Assessment have acceptance rates of three to five per cent while others, such as the Humanitarian and Compassionate claim, do not have to be processed prior to deportation. In addition, the refugee system has been termed a “lottery system” because acceptance rates can vary from zero to 80 per cent depending on the judge. The Safe Third Country Agreement between the U.S. and Canada creates a “Fortress Canada” by disallowing up to 40 per cent of asylum seekers.

Myth 7: It is not our problem.

The Canadian government has recently been forced to apologize for racist and exclusionary historical measures including the Chinese Exclusion Act and SS Komagata Maru incident.

These apologies and the rhetoric of multiculturalism is hollow when current policies and practices perpetuate racism and exclusion. The recent backlash that repeats the tired-old refrain about “illegals” and “criminals” has meant that right-wing neo-nazis such as Paul Fromm and the Aryan Guard have resurfaced publicly and are being given a platform to spew their hate about sending the boat back. Is this really the side that we are on?

Immigration and refugee issues are not simply about Canadian benevolence or charity. We need to rethink what function and whose interests the state border actually serves. The current trends of global migration reveal the ways in which patters of Western domination and corporate globalization have enriched some countries by creating economic and political insecurity that forces people indigenous to their lands to migrate. The Canadian government continues to maintain economic and diplomatic ties with the government of Sri Lanka, instead of supporting those who have survived the brutality of that government, which makes us complicit in their displacement. Also, we must always remember that Canada is a settler country, built on the theft of Indigenous lands and the forced assimilation of Indigenous communities. On what basis is a colonial government denying colonized people their right to livelihood? Finally, we must challenge the idea that some are more worthy than others to a life of dignity; instead we should reaffirm the universal value that people have the freedom to move in order to seek safety and to flourish.

Visit  www.nooneisllegal.org or email us at noii-van@resist.ca


Refugee Process in Canada

Tuesday, August 17th, 2010

According to the 1951 UN Convention Relating to the Status of Refugees, or the Geneva Convention, Canada has an obligation to providing asylum to refugees. The convention was initially introduced to protect European refugees of WWII but was later expanded to refer to people from all geographic areas.

Canada’s approach to refugee protection, its polices and practices, along with the similar trends in other prosperous western nations, were protested at the G8 and G20 summits this June. Below our facts gathered by the group No One Is Illegal, that explain why the current system of dealing with refugees in Canada is not only inefficient, but also designed to work against refugee claimants and is racist.

It is a myth that Canada hosts a disproportionate number of the world’s refugees. There are about 42 million refugees worldwide. Most migrate just beyond the border into neighboring countries of Africa, Middle East, and South Asia. According to statistics by the US Committee for Refugees and Immigrants, in 2005, Pakistan hosted over 1 million refugees, while Canada hosted under 40,000. This is less than one percent (0.2%) of the total population. Racialized trends are revealed through the statistics on government-assisted refugees: in 1998, 59% of government-assisted refugees came from Europe versus only 12% from Africa.

Furthermore, the acceptance rate of refugees in Canada has been steadily declining since the 1980’s, with a current national average of approximately 40%. However this percentage figure is incomplete without mention of the massively restrictive Safe Third Country Agreement, which came into effect December 29, 2004. This Agreement between the US and Canada, with minor exceptions, does not even allow asylum seekers to make a claim at the land border if they have traveled through the US, a common port of entry for most migrants. Citizenship and Immigration Canada’s own statistics show a 40% drop in the number of refugee protection claims since the Agreement came into effect. Put simply, we cannot simply tout a “higher than average acceptance rate” when the border is essentially locked down to asylum-seekers

A refugee claimant’s fate lies in the hands of a single person. Since 28 June 2002, only one Immigration and Refugee Board (IRB) member makes decisions on refugee claims.

Immigration and Refugee Board (IRB) members are political appointees. Members are appointed to the IRB through a political process that takes account of candidates’ political connections and are not mandated to have any experience in the law or particular knowledge of the regional situations from which people have fled. One judge, for example, delivered a judgment to a Palestinian refugee declaring that documentary evidence does not reveal systemic persecution of the Palestinian people.

The refugee system is a lottery system. Refugee Acceptance rates vary from 0%-80% amongst different judges. Andrew Rozdilsky, for example, rejected all 73 cases he heard from 2001-2003. Jose Andres Sotto, accepted six of 258 asylum seekers (2.3%) from January of 2001 to June of 2002. Vancouver region has a lower acceptance rate than Toronto: 43% versus 58%. (Globe and Mail, July 24, 2004) The decision making at the Refugee Protection Division is so arbitrary, that the policy is not to tell claimants who their board member is ahead of time, so that they will not switch members based on the member’s decision record

Often refugee claimants are given very little notice of their hearing, only six to eight weeks. They have only 28 days to find a lawyer and prepare the initial document (the personal information form or PIF) which is then considered sworn testimony and the very basis of their claim (if the claimant contradicts even slightly or adds to the story in their PIF, they can lose the claim for not being credible) and if the PIF is not submitted in this time frame, their claim is declared abandoned and usually cannot be reopened.

The new policy of “Reverse Order Questioning” means that in a refugee hearing the testimony of the claimant begins with cross-examination by the refugee protection officer or the board member where there is no RPO. Essentially this has the effect of refugees feeling vulnerable and guilty until proven innocent. In a recent decision, the federal court stated that it has many concerns regarding this policy, however the Refugee Protection Division has decided not to change its policy significantly.

In 2004, Immigration Minister Judy Sgro tried to reassure Canadians that there is no need for churches to provide sanctuary. “We currently have between six and 20 avenues of appeal” for failed refugee claimants” she said. This is wrong. A failed refugee claimant in Canada has three options: the Federal Court, an application for a humanitarian exception, or a risk assessment. None of them is an appeal.

An application for Leave and Judicial Review to the Federal Court is not an appeal – this application can only make decisions regarding legal errors or how the hearing was conducted. This is to say that if the board member made the wrong decision using the proper process, then the decision will stand.

The Humanitarian And Compassionate application is based on different grounds than a refugee claim. These applications do not stop removal (a deportation order can be issued while the refugee awaits a decision), take a long time to decide (upto 2-3 years) and have a very low acceptance rate (5-10%).

The PRRA officers only consider new evidence that has arisen or changed conditions. Where a claimant has had a refugee claim the PRRA is almost impossible to win; the success rate was about 3% in 2003.

Importantly, the June 2002 Immigration and Refugee Protection Act provides for a Refugee Appeal Division to which a refugee claimant could appeal a negative decision. In May 2002, Immigration Minister Denis Coderre promised that the appeal on merits would be implemented within a year. Over four years later, there is still no appeal on the merits of refugee decisions.

Fundamentally, at a most basic level, we challenge the notion that some refugees are more worthy or deserving than others; we believe that freedom of movement is a fundamental human right.

Migrant Experience: El Contrato, a documentary by Min Sook Lee

Tuesday, August 3rd, 2010

El Contrato

Migrants arriving in G20 countries are treated as exploitable labour, forced to do precarious work, and often live in fear of detention and deportation. Many marched for migrant justice during the G20 protests. El Contrato is an award winning documentary that looks to the life and experiences of migrant workers in Southern Ontario.

El Contrato, a documentary from the National Film Board and directed by Min Sook Lee (Tiger Spirit) follows a poverty-stricken father from Central Mexico, along with several of his countrymen, as they make their annual migration to southern Ontario to pick tomatoes. For 8 months a year, the town’s population absorbs 4,000 migrant workers, who toil under conditions, and for wages, that no local would accept. Yet despite a fear of repercussions, the workers voice their desire for dignity and respect. 51 min, 11 sec. 2003

National Day of Action against Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism

Friday, July 30th, 2010

Supporters of No One Is Illegal — Toronto, Vancouver, Halifax, Montreal, and Winnipeg held creative actions as part of the July 24 National Day of Action against Jason Kenney, Minister of Censorship and Deportation.

Minister of Citizenship, Immigration and Multiculturalism Jason Kenney is known as the Minister of Censorship and Deportation because of his record as one of the most repressive immigration ministers in Canadian history. Deportations have increased, while the number of people accepted as refugees and sponsored family members have drastically dropped. Instead, Kenney has increased the number of temporary workers who are constantly exploited for their labour. His new refugee bill creates a racist two tier system based on nationality, and he has called a wide range of migrants — from Mexicans to the War Resisters “bogus”. Under his regime, an Eritrean refugee committed suicide from fear of a pending deportation, and a young woman was murdered upon her deportation to Mexico.

Kenney is also a staunch supporter of imperialism, stifling anti war voices such as George Galloway and the Canadian Arab Federation. Kenney’s neoconservative values are obvious in his comments and actions: pulling Canada out of the Durban World Conference Against Racism; introducing a citizenship guide that omits the rights of lesbian, gay, bisexual, trans and queer (LGBTQ) communities; defending Quebec Bill C 94 that discriminates against women who wear the niqab; and stating that immigrants are not integrating well into (colonial) Canada.
(Text from rabble.ca)

No One Is Illegal – Vancouver

View the Press Release for the National Day of Action Against Immigration Minister Jason Kenney and ‘Kenney Wanted’ Poster

Learn more about Migrant Justice

G20 Convergence: To its success and looking ahead

Thursday, July 29th, 2010

We used the fleeting moment of the G8/G20 summit to further organize Toronto’s community struggles against the impact of colonial, capitalist policies that seek to weaken us everyday. And we succeeded.

July 27, 2010,
One month after the G20 Convergence.

Since September 2009, we’ve worked to challenge, disrupt and abolish the G8/G20. We used the fleeting moment of the G8/G20 summit to further organize Toronto’s community struggles against the impact of colonial, capitalist policies that seek to weaken us everyday.

And we succeeded.

From June 21 to 27, 2010, nearly 40,000 people took to the streets, gathered in discussion, watched movies, set up a tent city, danced and fought. This in itself is a victory.

For the first time, an economic summit saw a march of thousands against colonization and for Indigenous sovereignty (on June 24). This in itself is a victory.

Instead of simplifying our diverse struggles in to one issue, we supported actions for Queer and Trans Rights (22 June), for Environmental Justice (23 June), for Income Equity and Community Control Over Resources (21/24/25 June) , for Gender Justice and Disability Rights (22/25 June), for Migrant Justice and an End to War and Occupation (25 June). We created the conditions for over 100 grassroots organizations to come together, to build relations, to grow stronger together. This in itself is a victory.

For the first time at a G8/G20 Summit (on June 25), we saw communities in ongoing resistance, people of color, poor people, Indigenous people, women, disabled folk, queer folk and others leading the Days of Action (25-27 June). This in itself is a victory.

Knowing that our freedom will rise from an attack at all fronts, respectful of the traditions and needs of safety and efficacy of all our friends; we ensured that actions with conflicting tactics took place separately. This in itself is a victory.

For months, we were followed, intimidated, arrested, our meetings infiltrated by state thugs. Many of us were snatched in pre-dawn and early morning raids on the day of the G20 meeting, yet we were not swayed. We came together, gathered strength and continued to support the demonstrations. This in itself is a victory.

So while 1,090 people have been arrested, thousands beaten, illegally detained, searched, harassed and abused. While over 300 people face criminal prosecutions for their ideological and political actions, and while multiple instances of so-called conspiracy trials and politically motivated targeting continues, we insist, this June 2010, on the streets of Toronto, the people won.

One phase of our work is complete. A new one must begin.

Many of us are organizers in community groups and will be returning to them, we urge you to join us.

Many of us are activists inspired by our collective power these last few months, we intend to form new spaces and organizations for justice, we urge you to do the same.

Many of us will continue to fight for freedom for our friends facing repression, we urge you to support us.

The organized resistance in Toronto has emerged stronger, unified, connected. We take this moment to send our solidarity to the organizations and groups across the world to continue their struggles. Take action in your communities. Build lasting movements for justice free of state violence.

=======

Have an inspiring story, picture or video, email them to
community.mobilize@resist.ca. It is imperative that we remember the joys
with the pain.

This message has been released by the Toronto Community Mobilization Network on July 28, 2010.

What we struggle for on a daily basis: The fundmentals of G20 resistance

Monday, July 19th, 2010

Harsha Walia from No One is Illegal touches on economic disparity and exploitation, the absence of a democratic process and the illegitimacy of borders. She urges people to find out more about why people are resisting the G8/G20.

Voices for migrant justice from South Korea, the location for the next G20 summit

Monday, July 19th, 2010


A letter from the Migrant Trade Union of South Korea asks for support and solidarity in face of repression and abuse wrought by the South Korean government, preparing to host the next G20 summit in November 2010
.

Dear friends and allies

Migrants Trade Union (MTU) sends you warm greetings and solidarity. We are writing to inform you of very upsetting events taking place in South Korea and to ask for your support.

South Koreais currently preparing to host the G20 Summit in November. The government of Lee Myung-bak is using the upcoming event as an excuse to enforce policies that trample on basic democratic rights. In particular, the Lee administration is using the G20 Summit as a pretext for carrying out a massive crackdown against undocumented migrant workers currently residing in the country.

For many years now, migrant workers have worked in South Korea’s small and medium-size factories, playing an important role by supporting South Korean industry. Undocumented migrant workers, who have often lived in Korea longer than their documented colleagues, have become especially accustom to Korean culture and lived together with Korean citizens as part of Korean society.

Despite the fact that the Korean government brings thousands of migrantworkers to Korea to fill labor shortages in small and medium-size companies, it will not allow them to legally settle or invite their families to live with them. Refusing to sight the UN Convention on the Protect of the Rights of All Migrant Workers and Members of their Family, which promises basic protections for migrant workers’ human rights, the South Korean government treats migrant workers only as cheap and disposable labor. The government’s sole policy towards undocumented migrant workers has been one of viscous raids, detention and deportation, which has lead to countless injuries and deaths. Every year, migrant workers lose their lives in the course of the government’s crackdown.

This year, the government is using the G20 Summit as an excuse to openly strengthening the policy of raids, detention and deportation. Since May, the police have been carrying out a ‘crackdown on foreigner crime’, stopping people on the street for no reason other than that they appear to be foreign. The government has said it plans to get rid of South Korea’s 180,000 undocumented migrant workers by the end of August.

In response, labor and social justice organizations are joining forces to oppose this anti-human rights, anti-labor policy, and carry out a united struggle to protect migrant workers’ rights.

We ask for your support and solidarity as we move forward with our struggle. Please send letters of protest to the South Korean government expressing your grave concern about its repression against migrant workers. A sample letter is attached for your reference.

Your solidarity is an important part of a wider effort to protect the rights of South Korea’s migrant workers. We will work hard to keep you informed of the situation here in Korea. We ask for your sincere attention and support.

Sincerely,

July 4th, 2010

You may fill in your organizations name and sign the letter below, or use it as reference to draft your own letter.

Please fax letters to: President Lee Myung-bak

Ministry of Justice, Republic of Korea
Building 1, Gwacheon Government Complex,
Jungang-dong 1, Gwacheon-si, Gyeonggi-do
Republicof Korea
Fax: 82-2-2110-3079

Commissioner of Korean Immigration Service
Fax: 82-2-500-9059, 82-2-500-9128, 82-2-500-9026

When you do so, please also send a copy to us a mtuintl@jinbo.net or
82-2-2269-6166 (fax)

<Sample Protest Letter>

We at  *(fill in organization name) * wish to express our deep-felt anger and concern about South Korea’s policy towards undocumented migrant workers. It has come to our attention that your administration is pursuing a massive crackdown against South Korea’s 180,000 undocumented migrant workers in preparation for the G20 Summit to be held in November this year. While you seek to advance your country’s international standing by hosting the Summit, this blatant attack on basic rights only demonstrates the backwardness of your government and its stance towards migrants.

We are aware that migrant workers have played an important role in turning South Korea from a underdeveloped to a highly developed nation. Even now, migrant workers are supporting the Korean economy by filling labor shortages in small and medium-size companies.

In an age when migration is taking place around the globe, governments need new forward-looking policies on migrants. Recognizing this, many nations have signed the International Convention on the Rights of All Migrant Workers and Members of their Families and are seeking to reduce discrimination against migrants. Some governments have provided pathways for undocumented migrants who have resided in their borders for a long time to settle and attain the same rights as nationals. This is because they recognize that even without legal visa status, these migrant and their families have contributed to and become part of the society in which they live. It is also because these government recognize that undocumented migrant workers play an important role in supporting national economies.

In comparison, the South Korean government’s policy towards migrant workers lags far behind international standards. Amnesty international has documented Amnesty International has documented and expressed concern about cases of, “arbitrary arrests, collective expulsions and violations of law enforcement
procedures, including in some cases, excessive use of force,” during raids by South Korean immigration officials and police. The international NGO has also noted that, *”mass crackdowns have… put pressure on detention facilities, contributing to**
**problems of overcrowding, poor living conditions and delayed access to medical**
** treatment”*(Amnesty International, *Disposable Labor: Rights of Migrant Workers in South Korea*, 33).

In his 2008 report to the Human Right Council, the UN Special Rapporteur noted that states *have, “the obligation to respect and protect the human rights of all those within its territory, nationals and non-nationals alike, regardless of mode of entry or migratory status” *(A/HRC/7/12, para 14). He also noted that a high degree of discretion given immigration authorities to detain migrants and the use of mass raids can lead to human rights violations  and collective expulsion, which is illegal in international law (A/HRC/7/12, para 48-49). He recommended that states find alternatives to detention, as a means for avoiding the abuses undocumented migrants face (A/HRC/7/12, para 65).

We are gravely concerned that South Korea is doing nothing to address these issues and it instead, only strengthening policies which violate migrant workers rights. We therefore make the following demands:

1. That the South Korean government and, in particular the Ministry of Justice and the Immigration Service, immediately stop the viscous crackdown, which is threatening the human rights and very lives of migrant workers.

2. That the South Korean government stop using the goals of a successful G20 Summit and advancement of its international standing as an excuse to arrest and deport migrant workers, and instead put forth a realistic solution to the problems of undocumented migrant workers, such as a plan for legalization.

We will be keeping an eye on the measures the government implements with regard to migrant workers and the efforts it makes to protect their rights. We hope that you will do your best to put forth a positive policy concerning the rights of undocumented migrant workers and their families.

Sincerely,

10 Reasons to Oppose the G8/G20: Press Conference – Toronto Community Mobilization Network. 2 of 2

Monday, July 5th, 2010

The Toronto Community Mobilization Network (TCMN) is a collection of  Toronto-based organizers and allies. They held a press conference on May  20th 2010, prior to the summits, to outline their concerns for which  they mobilized against the G8 and G20.