CIMM Committee Report

Supplementary Report by the New Democratic Party

On June 15, 2016 the United Nations released an advanced version of a report by the Human Rights Council: “They came to destroy”: ISIS Crimes Against the Yazidis’. That same day, Minister of Foreign Affairs Stéphane Dion delivered a statement in the House of Commons echoing that declaration. The summary of the UN report opens with a chilling statement that should be a call to action for all world leaders:

“ISIS has committed the crime of genocide as well as multiple crimes against humanity and war crimes against the Yazidis, thousands of whom are held captive in the Syrian Arab Republic where they are subjected to almost unimaginable horrors.”

This report served as both the impetus and foundation for an urgent, intensive study which was undertaken by the Standing Committee on Citizenship and Immigration which took place from July 18, 2016 to July 20, 2016 on immigration measures for the protection of vulnerable groups.

The committee had the opportunity to hear firsthand accounts from both survivors of trauma and those working on the ground to extract vulnerable people from suffering.  We received many thoughtful recommendations from individuals and organizations on how Canada can best position itself as a world leader in addressing the extreme suffering facing vulnerable people in the world today.

During witness testimony on July 19, 2016, I stated that this study is perhaps one of the most important moments of the work that we do here at this committee, and for that reason, we must focus on solutions[i].

When genocide is being carried out, immediate action is required. Canada played a key role in the establishment of the international doctrine “responsibility to protect”, also known as “R2P”, and this doctrine was brought up several times in many expert testimonies heard at the committee. This responsibility to protect people and groups from atrocities, due to the exceptional level of crisis, requires Canada to take extraordinary measures above and beyond any current actions. Regardless of immigration targets, humanitarian aid allocations, or any other policy directive, Canada has a duty to act immediately. It is important that these extraordinary measures are undertaken above and beyond current objectives and measures in order to ensure that others are not left to suffer. Canada has the ability and the responsibility to maintain current commitments, while taking immediate actions to protect a group of people from extermination.

Recommendations:

1.  Genocide

Executive Director of Yazda, Mr. Murad Ismael appeared before the committee and recommended “Canada to have a quota for the Yazidis, between 5,000 to 10,000 people able to immigrate to Canada.”[ii] This is certainly an ambitious undertaking, but a challenge that Canada should rise to. For immediate actions, Canada should aim to bring 3,000 – 4,000 of the most vulnerable and victims of atrocities, which include, but are not limited to: human trafficking, sexual slavery, rape, torture, widowed women, and orphans. Mr. Murad testified that his organization alone has a database of 900 women still in Iraq, women who have suffered in ways similar Ms. Nadia Murad Basee Taha, who also appeared at committee and detailed the immense suffering she has had to endure at the hands of ISIS. Additionally, Mr. Mirza Ismail from Yazidi Human Rights Organization International noted that “in total there are about 3,363 Yazidi refugees in Greece.”[iii]  There are also thousands currently in Turkish camps.  The committee was advised that currently Yazada is working with Germany and Australia to resettle 1,100 and 400 victims of genocide respectively.

a) For the Canadian government, through the Minister of Immigration, Citizenship and Refugees to exercise discretionary powers under section 25 of the Immigration and Refugee Protection Act to immediately take action and bring Yazidi peoples fleeing genocide to Canada with the goal of immediately resettling 3,000 – 4,000 direct victims of genocide, and with a 2017 year-end target of 10,000 through a special measure, utilizing credible, on the ground organizations to identify and select victims of genocide for resettlement in Canada. These measures are to be above and beyond any pre-existing initiatives and/or policies.

b) That Immigration, Refugees and Citizenship Canada examine the feasibility of expanding the use of the Urgent Protection Program (UPP) in cases where genocide is confirmed to be ongoing.

2. Humanitarian Aid

It is consistently reported globally that refugee camps and difficult to access conflict areas deal with significant and potentially dangerous shortages of basic food staples. Furthermore, the aid that does arrive can be difficult, if even possible to track. Mr. Ismail stated that it is can be very difficult to ensure the aid “gets into the hands of those who need it, those for whom it was intended due to skimming, corruption, and politics.”[iv] Mr. Ismael echoed these concerns, stating:

“Go to a camp and ask them when was the last time they received dry food such as rice, sugar, and flour. They will tell you the last time they received that was six months ago. This is something that could be purchased in Turkey, Iran or other countries and could be given to the people.”[v]

Additionally, access to healthcare, desperately needed medicine and electricity (generators) is often difficult and exacerbates the precarious situation of individuals fleeing conflict globally. Due to immediate requirement to flee, leaving their homes with few, in any of their personal belongings many individuals also lack access to basic clothing.

While decisions regarding humanitarian aid are undertaken by more squarely within the purview of Global Affairs, the Minister of Citizenship, Immigration, and Refugees has noted on multiple occasions at committee that his department is able to work closely with other departments ongoing initiatives. In cases such as genocide, internally displaced vulnerable groups, and other significant humanitarian crises, the need for cross-department collaboration to achieve the greatest results is even more important. It is with that in mind that New Democrats recommend

In response to the desperate needs and the challenges identified by the witnesses in some regions, New Democrats urge the Minister of Immigration, Refugees and Citizenship to a) work collaboratively with the Minister of Global Affairs (check is it Global Affairs) and other credible, established groups on the ground such as the Red Cross/Red Crescent and Médecins Sans Frontières (MSF) to ensure humanitarian aid reaches its targets ; b) to increase the humanitarian aid levels (including medical aid) and c) to consider the option of providing direct monetary to families where direct monetary support could be more beneficial.

3. Processing Delays

Dr. Martin Mark, director of the Office for Refugees of the Archdiocese of Toronto stated quite clearly to the committee that, “Protection delayed means protection denied.”[vi] He went on to highlight these delays through a sponsored refugee his organization brought to Canada: “Last month we had an arrival, an Afghan refugee, and he was in the process for six years. We still have applications which were submitted before 2011.”[vii] These long delays can put lives at risk.

An issue that has come up during many committee meetings with officials, in the media, and something the government has continually acknowledged but has yet to act on is the fact the Canada has no processing capabilities in Northern Iraq. In addition to the many Syrians, Iraqis, and Kurds there, Northern Iraq is also where many of the Yazidi population has fled. The UNHCR has already processed many of these people; it is the additional level of Canadian screening leading to severe delays.

Regarding this additional screening, immigration lawyer Ms. Chantal Desloges stated: “Everyone knows that they’re refugees. They’re prima facia refugees. They really only need to pass their security and medical screening. Why are we interviewing every single one of them? Not only is it creating backlogs, but it also creates a situation where it’s difficult to send Canadian visa officers into these various areas without a risk to their security.”[viii]

Representative from the UNHCR, Mr. Casasola advised that based on international best practices, Canada can waive this additional level of screening and bring people to Canada following UNHCR screening.[ix]   For those in areas such as northern Iraq where the security situation makes it difficult to send Canadian staff for processing and screening, New Democrats urge the government to follow the international best practice suggested by Mr. Casasola.  Should the government decide that this is not an option and additional screening is required; this can be achieved with the following mechanisms:

1. Using a process similar to those in place for family reunification, whereby should a case raise concern, an additional level of screening can be undertaken; or
2. t residence upon completion of secondary screening or

In either case, should this level of screening be required, allowing the using of video conferencing will reduce delays, and safety risks for Canadian staff.

4. LGBTI

An estimated 63 countries in the world criminalize people based on their existence (sexual orientation and/or gender identity). This coded in law discrimination and vulnerability is different than vulnerability due to conflict. In many cases, leaving the country in order to be able to make a refugee claim puts individuals in even more vulnerable situations because they will be forced to make their claim in another country that criminalizes their identity, and they have no supports in that country. By nature of them leaving, it can also put their family at risk.

As Ms. Christine Morrissey of Rainbow Refugee stated at committee, “in 2011 the federal government initiative a pilot for the sponsorship of folks seeking asylum because of their sexual orientation or gender identity.” Unfortunately, she went on to state: “When this pilot project began I asked the federal government at the time if we would be able to get some funding to establish an infrastructure. We have no infrastructure, we have no office, we have no telephones, and we have no money for advertising.”[x]

Despite these issues, Rainbow Refugee has helped resettle 32 individual LGBTQI refugees, with a total of at least 70 currently in the system. With this pilot program in mind as model, New Democrats urge the government to

Establish an adequately funded pilot program to facilitate individuals facing legislated criminalization of their existence (sexual orientation and/or gender identify) making asylum claims within their country of origin. The program should be updated annually based on the legislative decisions made by countries around the world.

5. Internally Displaced Persons

Finally, this study has made it quite clear that internally displaced persons face unique vulnerabilities and are in some cases at elevated risks. It was also made clear that for internally displaced persons, leaving their country in order to meet the legal definition of refugee can actually put them at even greater risks.

That the Standing Orders of the House of Commons be amended to establish a subcommittee of the House of Commons Standing Committee on Citizenship and Immigration to study the issue of internally displaced persons in order to determine how Canada can best respond to the increasing incidents of internally displaced persons.

6. United Nations Recommendations

The Canadian government has very publicly signaled that it seeks to reengage at a high level within the United Nations. For example, Minister McCallum announced a partnership with the UN during the UN Summit for Refugees and Migrants on September 19, 2016 where the Canadian government would work with the UN and other stakeholders to export the Canadian private-sponsorship program for refugees to other nations. Initiatives such as this, as well as renewed and expanded engagement at the UN are welcomed by New Democrats. With this in mind, New Democrats strongly encourage the Canadian government to examine the feasibility of Canada acting on at least some of the recommendations made by the UN Human Rights Council in the above mentioned report. Of the recommendations, New Democrats would like to draw the government’s attention to three specifically:

210. The Commission recommends that parties fighting against ISIS in Syria and Iraq:

a) Strongly consider rescue plans targeted at Yazidi captives;

b) Ensure coordination between local and international armed forces where military operations target ISIS controlled regions where Yazidi captives are held;

c) Use all means available to ensure Yazidis held captive by ISIS in Syria are rescued during on-going military operations; and

d) Put in place a protocol for the care and treatment of Yazidis rescued as areas are seized from ISIS

212. The Commission recommends to the international community:

a) Recognize ISIS’s commission of the crime of genocide against the Yazidis of Sinjar;

b) For those States that are contracting Parties to the Genocide Convention, engage with Article 8 of the Convention, and call upon the competent organs of the United Nations, including the Security Council, to take such action under the Charter of the United Nations to prevent and suppress acts of genocide;

c) Provide expertise, on request, to assist in the preservation and documentation of mass grave sites;

d) Provide further funding for psychological support programmes, with increased emphasis on trauma therapy for children, noting that Yazidi children suffered different violations depending on their sex;

e) Provide funding and expertise to support the training of psychologists and social workers in Iraq and Syria;

f) Provide funding for the reconstruction of Sinjar and expertise to allow the more efficient clearing of improvised explosive devices;

g) Accelerate the asylum applications of Yazidi victims of genocide; and

h) Ensure provisions of Genocide Convention are enacted in national legislation, as contracting States are obliged to do under Article V of the Genocide Convention

213. The Commission recommends that States and Organizations involved in the care of Yazidi refugees and asylum-seekers:

a) Ensure that Yazidi victims of genocide, including but not limited to sexual violence, are identified and treated as a vulnerable group for the purposes of housing, psychological support, and with regard to the asylum process;

b) Hire appropriate Kurmanji Kurdish speakers, preferably those able to speak the Shengali dialect;

c) Promote awareness among staff and contractors of the situation of the Yazidis, including the most recent crimes committed against them;

d) Take steps to root out discrimination against Yazidis in refugee camps and in hosting communities where Yazidis are placed, including ensuring that historical misunderstandings of the Yazidi faith which often underpin such discrimination are addressed; and

e) Set up a clearly understood reporting system for harassment and crimes committed against the Yazidis in the camps[xi]

Conclusion

It must be stressed that there are current global events which require above and beyond action from the Canadian government. This year has seen an unprecedented level of forced displacement, be that internally displaced persons, or prima facie refugees. Too many times throughout history it has taken too long for the international community to take concrete actions in the face of war crimes, crimes against humanity, and genocide. Canada has the opportunity to be a world leader by moving immediately to address the great suffering that is ongoing as a result of some of these conflicts. While there is much to debate about how best to stop war crimes from being committed, one aspect where there should be no debate is that Canada should be doing everything in its power to prevent human suffering. It is therefore undeniable that immediate actions should focus on removing innocent people and providing them with safe asylum to rebuild their lives. The recommendations above outline just a few immediate actions the Canadian government can undertake to do just that.

Lives are at stake, and Canada has the opportunity to make truly important contribution to the alleviation of great suffering.

---