Detention and Punishment – The New Immigration Bill

Found at http://www.mapleleafweb.com/political-cartoons/revolving-door-canadas-refugee-systou-have-a-friend-in-canada/

Early last week, my op ed on the federal government’s Bill C-4 came out in the Toronto Star. The bill is not new – it was known previously as Bill C 49,  but it did not pass in the House when first introduced before the last federal elections, re-introduced with much the same wording as the pre-election version.

In the middle of last week, Immigration Minister Jason Kenney introduced the new Bill C-31, which includes the contents of Bill C-4 in it. Kenney expects that the bill will pass into law by June of this year. The new bill goes back on a number of improvements to the Canadian refugee determination system, the introduction of which was negotiated with the opposition parties in the last session of the Parliament. I imagine that with a majority Tory representation, the bill will pass this time, barring public opposition.

I’ve pasted my op ed below. Many of the points I make are equally valid for the new bill. One of the few changes is the fact that under Bill C 31, children under 16 will not be detained for 12 months, but will instead have the choice (???) of either joining their parents (in a detention centre), or of being taken in by a foster family. Both are equally, terribly, and incredibly traumatic for anyone who has just escaped war, conflict, or persecution, only to end up in a detention centre for at least 12 months, until two conditions are satisfied: claimants’ identities are confirmed, and they are found to be refugees according to the UN Convention on Refugees.

The bill also apparently tackles marriage fraud – to what extent this has been thought through is questionable, or is irrelevant. Under the new bill, spouses will have to remain married for at least two years in order to maintain their immigration status. Considering that the Minister is regularly stating how Canada is a safe country where everyone enjoys equal rights, I don’t see how this latest bill will respect the rights of a spouse who, brought to Canada under potentially false pretences, is verbally and physically abused – what recourse would someone like that have? None at the moment.

Bleak times ahead for the Canada that I know and love.

Found at http://www.good.is/post/refugees-you-have-a-friend-in-canada/

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Bill C-4 tips the balance against refugees

http://www.thestar.com/opinion/editorialopinion/article/1129738–bill-c-4-tips-the-balance-against-refugees

Minister of Citizenship and Immigration Jason Kenney says Bill C-4 will punish human smugglers, but in reality the law would punish refugees who have given up everything to reach Canada.

Last year, Citizenship and Immigration Canada unveiled a $500,000 monument at Halifax’s Pier 21 in memory of MS St. Louis, a ship carrying 907 Jewish refugees who were refused entry to Canada in 1939. The monument, The Wheel of Conscience, reminds Canadians of our collective responsibility to others.

But the reintroduction of an immigration bill that punishes refugee claimants for seeking refugee status in Canada suggests that we don’t seem to have learned much from the St. Louis.

Bill C-4 calls for a “balanced refugee reform.” In certain cases, the law would prevent recognized refugees from reuniting with their families or from traveling abroad to visit them, limiting their mobility rights for up to five years.

At the unveiling of the monument in memory of the MS St. Louis, Kenney said Canada “will never close its doors to legitimate refugees who need our protection and who are fleeing persecution.” Sadly, the new bill threatens to do just that by creating two categories of refugees: The first group is comprised of those government considers legitimate refugees — individuals who had the patience and the option to wait in refugee camps for up five years while their applications were processed. The second group comprises refugee claimants who are “queue jumpers,” which includes those who could not afford to wait and apply through the standard procedure either because there was no processing centre in the countries they fled or because they had to leave urgently to escape persecution.

Under Bill C-4, individuals whom an immigration officer might suspect of having committed a crime would be detained for a minimum of a year, even if they were not charged or convicted. Australia, which detains all of its refugee claimants while their applications are processed, is now conducting an investigation into more than 1,100 attempts at self-harm and suicide by detainees in 2010-2011 alone. U.K. detention centres also have a high rate of detainee self-harm.

Most worrying is children’s detention: In a recent issue of the Paediatrics and Child Health journal, some Canadian pediatricians point to previous examples of children’s detention in the U.K. and Australia, that show how detention will trigger scarring, permanent trauma on refugee children.

In addition to causing psychological harm to the detained refugee claimants who, having fled violence, would be treated as criminals, the necessary creation of new long-term detention centres in Canada to accommodate the high numbers of detainees would cost Canadian taxpayers millions of dollars. The 2008 auditor general’s report estimated that detaining and housing a detainee costs from $120 to $238 per day, based on 2006-2007 expenses. Based on this estimate, the cost of holding a single person in detention for 12 months will cost taxpayers up to $86,870.

Funding for such expensive infrastructure and punitive projects should instead be directed to expediting processing times in current immigration processing centres, hiring more staff, even opening new assessment centres if necessary, but not by abandoning Canada’s obligation to uphold the dignity and basic human rights of people who escape war and conflict.

The Prime Minister, the minister of immigration, and Public Safety Minister Vic Toews have repeatedly used the word “queue-jumpers” to delegitimize refugee claimants who come to Canada by boat. It is as if these so-called “queue-jumpers” who run for their lives were doing something illegal. Canada is one of the founding signatories to the UN Refugee Convention, which allows claimants to seek refugee determination once they arrive in the country. The Convention is based on the principles of “non-discrimination” and “non-penalization,” both of which are threatened by Bill C-4. Article 31 of the Convention states that refugees entering a country using irregular means cannot be penalized for fleeing conflict and persecution.

Confronted with the desperate pleas of the 907 Jewish refugees seeking shelter in Canada in 1939, prime minister Mackenzie King said that Jewish refugees simply weren’t a Canadian problem. Over 70 years later, when 492 Tamil refugee claimants sought protection from Canada after reaching our waters, Prime Minister Stephen Harper defended stringent laws to keep out refugees in difficult circumstances: “We are responsible for the security of our borders and the ability to welcome people or not welcome people when they come,” he said.

Can we claim today that desperate groups of people who make it to our waters are not our problem because they use different ways of entering the country? Should we detain and punish individuals, families and children who come to us for protection? If we allow Bill C-4 to become law, we will be responsible for this moral crime.

Remzi Cej is a 2011-12 Action Canada fellow.

Ramadan 101 (-ish)

A light display in front of an Istanbul mosque with "Welcome , Ramadan" text in Turkish

This morning:

Coworker *shows up with a box of chocolate chip cookies, munching one as they speak*: Hey, would you like a cookie?
Me: No, thanks, it’s Ramadan.
Coworker: Oh, I thought that was in October or something.
Me: Nope – just began today.
Coworker continues munching on the cookie in front of me while standing there with the box of cookies.
Me: Um, I think eating in front of someone who is fasting may be considered rude.
**awkward exchange of looks**

After experiencing two more food offers (a delicious cheesecake slice and homemade smoothie) by dear coworkers, I thought I’d write this blogpost on some details about Ramadan for the information of both my coworkers and my friends.

Ramadan is a month that is very near and dear to my heart because it is the month that has made me appreciate Islam for what it truly is over what the media, and indeed political manipulators claim it to be sometimes.

Having grown up in a Kosovar home largely devoid of religion (my father frequented the mosque on holidays and some Fridays, very different from my grandfather, who was an imam), I learned to appreciate the beauty of Islam in St. John’s, on my own time, without the social pressures that are sometimes part of being a member of a faith community.

It’s been extremely exciting and eye-opening to learn to distinguish context from literal interpretations, history from the present, culture and religious norm from quranic rules and guidelines (something that is not always easy to do).

What makes us who we are today is the context in which we were born, in which we have grown up, and in which we live – three different realities seeking harmony in the present, but what is often claimed by traditionalists is that Islam is a timeless religion, a religion that fits to all times. I agree, but I think the way in which we understand Islam should change, and not lack the context of the dawn of Islam, in the 700s, when many of the rules and laws were created.

Kandil (mini-lights) around the mosque minarets in Istanbul lit for iftar

I digress – I began this blogpost to write about a holy month that has inspired me to embrace Islam more than anything or anyone ever has. Ramadan, the most important month of the year for Muslims, is upon us.

It is said that Ramadan is the month when Prophet Muhammad received the entirety of the Qur’an in 30 days. To commemorate this time, most Muslims (except for travelers, pregnant women, children, the elderly, and individuals with health problems) must commit to a month of fasting from dawn (around 3:50 am in NL this year) to sunset (8:40 pm, changing every day by a minute or so). As the Qur’an states, you may eat and drink at night

until you can plainly distinguish a white thread from a black thread by the daylight: then keep the fast until night.

Fasting is coordinated according to the local prayer calendar (PDF file), which includes the dawn and sunset times. Because the Islamic calendar is a lunar one, it is 10 days shorter than the Gregorian calendar widely used around the world – therefore, Ramadan creeps back 10 days every year. In the summer (like this year), it’s a particularly long day of fasting that lasts close to 17 hours, which is what worries this New York Times commentator.

The fast is the first step towards reaching a state of full self-reflection, i.e. re-examining one’s connection to Allah and the earthly deeds connected to that relationship.

Ramadan is the month when Muslims can start afresh – the practice of giving up vices (in some Muslim cultures, including Northern Africa, the Balkans, Turkey, and former Soviet states – vices may include alcohol) and abstaining from food, water, and physical relations is meant to awaken a sense of heightened awareness about our needs and wants, as well as our ability to help others. You know how you always say you really want to help others, but you don’t know how? Ramadan teaches one to begin with a single person and a single act – anyone can do a single act of charity towards someone else in need, and this includes talking to people who are lonely or who may be new to your surroundings. The point is, one gives what one has.

During the month, Muslims are encouraged to adopt families in need and to support them in any way they can, be it financial or amical (with hopes that that support will be extended beyond the month of Ramadan). This is part of sadaqah, or charity, that Muslims are encouraged to make throughout the year. As President Obama stated in his 2011 Ramadan greetings, charity is direly needed in places like Somalia and the Horn of Africa.

Prophet Muhammad is attributed the following quote:

Every day the sun rises, charity is due on every joint of a person. Administering justice between two people is a charity; and assisting a man to mount his beast, or helping him load his luggage on it is a charity; and a good word is a charity; and removing harmful things from the road is a charity.

The fast is also intended to help individuals who are better off learn to sympathize with those who are not – humility and empathy for others are some key lessons to be drawn from Ramadan.

In addition to fasting, Muslims are encouraged to take part in the tarawih, daily evening prayers, usually held at 10:30 pm, and lasting a couple of hours, of repeated prayers to Allah, some individuals choosing to learn to recite the entirety of the Qur’an during the month the same way in which the holy book was dictated to the Prophet Muhammad.

A typical iftar in a Kosovar home

I remember Ramadan in Kosova as a delightful time, when the smell of warm, delicious bread in local bakeries permeated the air as I played outdoors with friends. Just as exciting were the last 5 minutes before iftar (or the breaking of the fast). We all waited in anticipation for the lighting of the local mosque minaret mini lights in the horizon: the moment we saw the minaret light up, we all ran to our homes as fast as we could, shouting “it’s over! it’s over!”, mostly just excited that we could finally enjoy all the delicious food our parents had spent hours cooking. To break the fast, we would eat turkish delight, or llokum, as we call it, or dates, followed by some substantial foodism.

My Ramadans in St. John’s have been very different – no minarets, no shouting children on the street, and no smell of warm homemade bread to excite my senses as I come back from work. However, what I’ve grown to appreciate over time has been the open-minded curiosity that friends and colleagues have shown in wanting to learn about what Ramadan means to me; their curiosity, respect, and indeed, repeated invitations to have iftar exchanges in their homes continue to feed my excitement today.

So, as you look around your workplace and/or your friends’ circle, consider the following article about Ramadan etiquette.

You may notice your colleagues’ absence around the lunch table over the next month (until August 29^th in St. John’s). If you really feel so inclined to induce a happy face or smile reaction off your co-worker and/or friend, wish them “Ramadan kareem” or “Ramadan mubarak”.

And if you really want to visit the local mosque in St. John’s during one of the prayers to see what this is all about, check out the Muslim Association’s website. I’m not affiliated with the Association in any way, but I do frequent the mosque – alternatively, you can just let me know.

Ramadan Mubarak!

P.S: My Twitter post is still not done, but coming soon!

News

My last post was about a wonderful experience I had interviewing with 34 other candidates from across Canada for a fascinating public policy fellowship funded partly by Canadian Heritage, and partly by private sponsors. Even though I faced a roomful of inspiring, well-known (Roxanne Joyal, the co-founder of Me-to-We and Save the Children, for example) well-accomplished and prominent selection committee members who wanted only the most deserving candidates to be selected for the Fellowship, I felt like I was talking to a group of friends. It was a tough interview, but somehow, I was relaxed.

The experience was great, and the short of it all is that I was selected as an Action Canada fellow this year, an honour and privilege, one that I hope to use to advance concerns important to Canadians across this vast country and the world over.

The way in which the fellowship works is that we form groups of fellows working on separate issues. Mine, for example, is working on the energy concerns of Canadians. We are excited about the year ahead, after spending two meetings, one in Kananaskis, Alberta, and another one in Vancouver, BC talking about where we are headed with our project and what we want to get out of the work we will be preparing over the next 9 months.

In a few days, I will be heading to Amnesty International’s International Council Meeting, which is held every two years to discuss the organization’s global priorities and objectives. This year’s meeting will be held near Amsterdam, and promises to be exciting, inspiring, and hopefully, productive. The lineup of keynote and panel speakers is impressive, and I hope to write more on that as it happens.

In the last few days, I’ve had a bit of a Twitter battle with some tweeple about Kosova. It was an annoying, but addictive experience, writing back endless replies to tweeters who asked the same questions over and over again but refused to listen. I am preparing a post on that experience and will hopefully be posting it by the weekend sometime.

In the meantime, you can follow me on Twitter if you have an account there. Tweet y’all later!