Category Archives: Canada

Yves Engler: Harper Supports Saudi Monarchy

Originally published on Rabble.ca on March 24, 2014. Written by Yves Engler.

Image: Wikimedia Commons

Canadian Prime Minister Stephen Harper claims to take “strong, principled positions in our dealings with other nations, whether popular or not.” But, even the most ardent Conservative supporters must wonder what principled position is behind the recent government-sponsored arms deal with Saudi Arabia that will send over $10 billion worth of Light Armoured Vehicles to one of the most anti-woman and repressive countries in the world.

Saudi Arabia is ruled by a monarchy that’s been in power for more than seven decades. The House of Saud has outlawed labour unions and stifled independent media. With the Qur’an ostensibly acting as its constitution, over a million Christians (mostly foreign workers) in Saudi Arabia are banned from owning bibles or attending church while the Shia Muslim minority face significant state-sanctioned discrimination.

Outside its borders, the Saudi royal family uses its immense wealth to promote and fund many of the most reactionary, anti-women social forces in the world. They aggressively opposed the Arab Spring democracy movement through their significant control of Arab media, funding of authoritarian political movements and by deploying 1000 troops to support the 200-year monarchy in neighbouring Bahrain.

The Conservatives have ignored these abuses, staying quiet when the regime killed Arab Spring protesters and intervened in Bahrain. Worse still, the Harper government’s hostility towards Iran and backing of last July’s military takeover in Egypt partly reflects their pro-Saudi orientation. In a stark example of Ottawa trying to ingratiate itself with that country’s monarchy, Foreign Minister John Baird recently dubbed the body of water between Iran, Iraq and the Gulf states the “Arabian Gulf” rather than the widely accepted Persian Gulf.

Ottawa hasn’t hidden its affinity for the Saudi royal family. Baird praised a deceased prince for “dedicat[ing] his life to the security and prosperity of the people of Saudi Arabia” and another as “a man of great achievement who dedicated his life to the well-being of its people.”

“I am very bullish on where the Canadian-Saudi Arabian relationship is going,” Ed Fast told the Saudi Gazette in August. On his second trip to the country in less than a year, Canada’s International Trade Minister boasted about the two countries’ “common cause on many issues.”

Fast is not the only minister who has made the pilgrimage. Conservative ministers John Baird, Lawrence Cannon, Vic Toews, Maxime Bernier, Gerry Ritz, Peter Van Loan, and Stockwell Day (twice) have all visited Riyadh to meet the king or different Saudi princes.

These trips have spurred various business accords and an upsurge in business relations. SNC Lavalin alone has won Saudi contracts worth $1 billion in the last two years.

As a result of one of the ministerial visits, the RCMP will train Saudi Arabia’s police in “investigative techniques.” The Conservatives have also developed military relations with the Saudis. In January 2010, HMCS Fredericton participated in a mobile refueling exercise with a Saudi military vessel and, in another first, Saudi pilots began training in Alberta and Saskatchewan with NATO’s Flying Training in Canada (NFTC) in 2011.

The recently announced arms deal will see General Dynamics Land Systems Canada deliver Light Armoured Vehicles (LAVs) to the Saudi military. Canada’s biggest ever arms export agreement, it’s reportedly worth $10-13 billion over 14 years.

The LAV sale is facilitated by the Canadian Commercial Corporation, which has seen its role as this country’s arms middleman greatly expanded in recent years. The Conservative government has okayed and underwritten this deal even though Saudi troops used Canadian built LAVs when they rolled into Bahrain to put down pro-democracy demonstrations in 2011.

This sale and the Conservatives’ ties to the Saudi monarchy demonstrate exactly what principles Harper supports: misogyny, military repression, monarchy over democracy and commercial expediency, especially when it comes to the profits of a U.S. owned branch plant arms dealer.

Image: Wikimedia Commons

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Colombia: The Only Risk Is Having To Stay – Canadian Mining in the South of Bolívar and the Release of Jernoc Wobert

On Tuesday, August 27, Jernoc Wobert was freed by Colombian guerrillas. The Canadian geologist and Vice-President of Braeval Mining Co. had been kidnapped by the National Liberation Army (or El Ejército de la Liberación Nacional, ELN). The ELN had kidnapped him seven months ago with 3 other Colombians and 2 Peruvians.  The Latin Americans were released a few weeks after they had all been taken from Norosí in the Serranía de San Lucas in the south of Bolívar, but the Canadian remained.

As a condition to his release, the ELN demanded that the Canadian and Colombian government investigate the company in question for having allegedly taken land illegally from communities in Bolívar. On the other hand, the Colombian government, who has been negotiating a peace deal with the largest rebel group (the FARC), since November, predicated any negotiations with the ELN on his release. The ELN had previously expressed interest in negotiating with the national government, and the FARC had called on the government to also negotiate with the second largest guerrilla group. A few months ago when the eleños tried to enter the peace talks in Havana, they were turned away. Today, President Juan Manuel Santos announced that “everything is ready” for talks with the ELN.

Wobert’s release by the ELN to the International Committee of the Red Cross (ICRC, who is a neutral party in most high-profile hostage hand-overs in Colombia), was seen as a “humanitarian gesture” on the part of the rebels in order to demonstrate good faith in what could be a peace process. However, Wobert’s kidnapping (and release) are actually microcosms of much larger dynamics of the Colombian armed conflict, and of the mining investment that largely defines Canada’s relationship to Colombia.

Who are the ELN?

The ELN began in the early 1960s by radical University students who organized peasants. They were inspired by Marxism, the Cuban Revolution, and Liberation Theology. The ELN, unlike the FARC, actually have been slow to get as involved in drug trafficking. Nevertheless like the FARC, they commit crimes against humanity and war crimes such as kidnapping and killing civilians, recruiting minors/practicing forced conscription, planting land mines (which is against the Ottawa Treaty) and forced displacement. However, the ELN are most well known for their attacks against infrastructure (particularly attacking oil pipelines), which have increased this year. They are Colombia’s second largest guerrilla group.

The ELN’s political discourse and military actions against multinational investment in Colombia, particularly in the extractive sector, is part of what scared foreign investment away during much of the 1990s when guerrillas retained significant control over large parts of the country.  Like the FARC, The ELN would charge “revolutionary taxes” on businesses (vacunas), threaten and kidnap large-land owners and company executives, and would carry out infrastructure attacks.

A significant proportion of the counterinsurgency campaign of the paramilitaries and the army directly preceding and during the government of ex-President Alvaro Uribe Vélez (2002-2010) was to “pacify” regions so as to make them safe enough to encourage foreign investment. For example, a main focus of Plan Colombia was securing the Limón-Coveñas oil pipeline which had been attacked on several occasions by the guerrillas.

The ELN is currently in dire straits; it was weakened by the counterinsurgency much more than the FARC and they have currently between 2-3,000 fighters. There are few parts of the national territory  where they are the dominant armed group (oil-rich Arauca, for example), and many see the ELN now as a spent force who is desperate for a negotiated settlement out of the armed conflict.

The Serranía de San Lucas, where Wobert was taken, has been disputed by the ELN, the army, and the paramilitaries for decades given its geostrategic significance.  Over at the Tyee, Colombian journalist Sebastian Salamaca writes:

“[The ELN] decided a good place to start a revolution was the Serranía de San Lucas. Its rugged geography and lack of state presence made it ideal for organizing and gathering strength.

It took 20 years for them to control the area. By the 1980s, the ELN dominated the region. Their mixture of Marxism, liberation theology, and community activism helped them win the partial support of the population. They also regularly violated international law by blowing up pipelines and taking hostages.

In the late 1990s the ELN faced a potent foe, as Carlos Castaño, head of the far-right paramilitary forces in Colombia, or AUC, made it his obsession to take back the territory from the guerrillas.

The AUC knew about the strategic importance of the Serranía: whoever controlled it would profit from the massive cocaine traffic to the Caribbean and the huge gold deposits that were being discovered. Moreover, seizing the Serranía would ensure access to the largest watercourse in Colombia, the Magdalena River.”

What is Canada’s history in the South of Bolívar?

The Coastal department of Bolívar

In an earlier post I remarked how the Canadian government, through funding the Canadian Energy Research Institute, helped re-write and liberalize Colombia’s mining code in 2001.

In Francisco Ramírez Cuellar’s “The Profits of Extermination”, he also outlines how in the Serranía de San Lucas in the South of Bolívar, in land that was initially titled to a local elite family, over 90 mining associations started to work the land through artisanal practices. Under Colombian law, if land is unused by the owner but is being used by someone else, technically, artisanal miners for example have up to two years to ask for titles to that land. Around the early 1990s, a Canadian mining company (then called Conquistador mines) became interested in the gold-rich area.

According to Ramírez, they hired a lawyer to negotiate the land with the small-scale miners on behalf of the Illeras-Palacios (the family who claimed the land). This same lawyer, interestingly, helped draft the 2001 mining code with CERI. After a visit from the Minister of mines, the artisanal miners backed away from negotiations and they gave the land to the mining company.

In 1997, the paramilitaries of the Peasant Self-Defence Forces of Córdoba and Urabá or the ACCU, who would later become the AUC, came to the Serranía. Their stated reasons for doing so were to control the mines, to get rid of miners who were “collaborating with the guerrillas”, and “guarantee the entrance of multinationals who would create jobs”. The paramilitary incursion destroyed over 10 towns in the region, massacred over 400 people, raped both men and women, and left several supposed “guerrilla collaborators” dismembered. Until 2008 over 94,000 people were displaced from the region because of the violence.

It is also worth noting that the Congressman representing the region at the time of the deal and the drafting of the new mining code has since been investigated for having ties to paramilitary groups.

Braeval and Conquistador mines are not the only Canadian companies with interests in the south of Bolívar. B2Gold, a Canadian gold company in the region, claims that it can only operate there with guarantees of security from the Colombian army. As mentioned in a report by Interpares and Mining Watch Canada, the Vice-President of B2Gold has said that non-indigenous communities have no right to reject mining projects on their territory, and alarmingly, that FEDEAGROMISBOL had been “contaminated” by guerrillas. As any student of Colombian history will know, these kinds of accusations can lead to violence against FEDEAGROMISBOL by state security and paramilitary forces (which is what has occurred).

What do the locals think? 

This informative report from Colombia Informa which interviewed community members and associations in the south of the Bolívar state gives an idea into what perceptions were on the ground of the kidnapping and the release of the Canadian executive.

The Agro-Mining Federation of the South of Bolívar (FEDEAGROMISBOL) is an umbrella organization which represents 34 associations of small-scale farmers and artisanal miners in the region has for years been stigmatized as being sympathetic to the guerrillas by the army and the paramilitaries (and has consequently suffered violence against its members). Nevertheless, the group actually had put out a communiqué which rejected the kidnappings carried out by the ELN of the miners and emphasized the release of the Colombians who appeared to be members of FEDEAGROMISBOL. They also said that the kidnappings were “a direct consequence of the indiscriminate natural resource exploitation policy  promoted by the Colombian government, affecting the south of Bolívar and of the handing over of our natural resource to large transnational capital”.

The locals they interviewed emphasized how the kidnapping of the Canadian by the ELN made life more difficult in the region as it invited increased repression from the government security forces. Some community members say that they supported the actions of the ELN, as it “halted the [government’s] mining development plans”, and who felt that this development plan is more for the benefit of multinational companies than their communities who have always been marginalized by the national government.

Other community members expressed their opposition to the kidnapping, saying that it furthers the stigmatization of local community organizing as being complicit or supportive of the guerrillas. Others mention how one of the reason two FEDEAGROMISBOL members were kidnapped was because they were helping the foreign miners behind the backs of the community.

Other community members mention how FEDEAGROMISBOL was able to win more than 10,000 hectares of land from the Lleras-Palacios (the local elite family mentioned earlier) through “pure social struggle”, but that speaking out was extremely difficult given the intense military and paramilitary repression to community organizing and dissidence.

Why was Wobert kidnapped and why does it matter?

Whereas the Colombians and the Peruvians were let free relatively soon, Wobert was kept by the ELN until Tuesday (he had been kidnapped since January), because he could have been a bargaining chip at any eventual peace talks (or even, the key to starting a dialogue). At the same time, the ELN rejects the presence of foreign extractive companies in Colombia, who they see as imperialists, and therefore wanted to retain Wobert until Braeval gave up its mining titles in the region.

Braeval actually has since renounced its four titles in the region; the company’s press release however did not mention the kidnapping.

The ruthless paramilitary expansion in the early 2000s in the region left many with the impression that the region had effectively been pacified, and that although in the most remote areas the ELN remained, the Serranía was perceived to be relatively safe for investment.

Despite the fact that a Colombian government report study which says that industrial mining should not occur in zones of armed conflict (such as the Serranía) junior-based mining companies (who are often Canadian, and are the most likely to take on very risky projects) continue to explore Colombian communities that exist in a context of extreme physical and social vulnerability.

The Canadian government, with its naming of Colombia as a priority for CIDA aid, and the Canada-Colombia Free Trade Agreement (CCFTA), is keen on having a stable (or “pacified”) Colombian countryside in which our companies can extract resources without being threatened. By the same token, the government of President Juan Manuel Santos has made resource extraction a pillar of his national economic development strategy. Wobert’s kidnapping is  a reminder that despite the strength of the paramilitaries and the Washington-funded Colombian army, the guerrillas, despite their losses, can still be a threat to multinational investment, and that Colombia is not as “safe” or “open” for business as it might seem. Kidnappings did not end with Uribe’s “Democratic Security”, and they probably won’t end with Santos.

The logical inverse of this premise (that the guerrillas are still a threat to investment), is that more pacification/repression of the guerrillas is necessary. Indeed, when Wobert was kidnapped, the Colombian government responded by sending 600 troops to the region. Wobert’s kidnapping reminds us that the steps of foreigners in Colombia’s most fragile and violent parts may provoke actions and counter-reactions by armed groups looking to show their dominance in any given region. And more of then than not, these struggles will take place on the backs of civilians (and sometimes in the name or interest of investment). As this Semana report notes, they allege that some companies have signed security/protection deals with the Colombian army, and that artisanal mining opponents to the investment of multinationals, particularly members of FEDEAGROMISBOL, have been systematically murdered.

Therefore, in this context, it must be asked whether Canadian mining investment in Colombia is worth the risk both that it poses to the Canadians who go to Colombia in search of resource riches, but more importantly, to the Colombians who call those communities home and ultimately have to live with the consequences of the instability and repression that mining investment might provoke.

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Protecting the State from Refugees: Asylum Policy Towards Colombian claimants

Yesterday marked World Refugee Day.

In light of the observation, I would encourage people to check out the Canadian Council for Refugees and the work that they are doing to promote refugee rights, particularly in response to the ‘Refugee Exclusion Act’ or Bill C-30 and the cuts to the Interim Federal Health Program by the Minister of Citizenship and Immigration Canada, Jason Kenney last year.

I also think it’s a good time to reflect on, both in the global and Canadian context, the ever increasing challenges and marginalizations which forced migrants are facing. Therefore, I wanted to share this little piece I wrote a while back about Canadian and Ecuadorean asylum policy and its increasingly restrictive nature. This is by no means an extensive review of the literature, ideas, challenges, or experiences which Colombian asylum seekers face, but just a brief reflection on what are (to me) some key issues. I encourage constructive feedback in the comments section.

A quick note on the numbers: When I wrote this, the International Displacement Monitoring Centre (IDMC) and the Norwegian Refugee Council (NRC) took the CODHES number on IDPs in Colombia at the time, which was 5.4 million, and now the latest number is actually 5.5 million. The government estimates of IDPs also have since increased.

Protecting the State from Refugees: Canadian and Ecuadorean Asylum Policy Towards Colombian Migrants

Since 1964, my native Colombia has been at war with itself. This near 50-year conflict, and state-sponsored violence both under the auspices of the War on Terror and the War on Drugs created one of the worlds’ largest forced migration crisis. Official figures put the number of displaced Colombians at 3.9 million, making Colombia only second to Sudan in terms of internal displacement; non-government figures however, put the number at 5.4 million or over 10% of the entire population, and making Colombia the world’s leading country in internal displacement (IDMC).

Nevertheless, the violence of forced displacement is not contained to Colombia’s borders. During the height of the war, an estimated 300,000 to no less than one million Colombians are said to have fled due to the armed violence (Gottwald 517). Many of these refugees fled to Ecuador, who has been internationally lauded for its supposedly liberal and humanitarian policies for allowing Colombian refugees in. At the same time, Colombia has for over a decade been one of the top 10 source countries for Canada’s refugee system (Citizenship and Immigration Canada a). However, since 2012 in Ecuador, and since 2011 in Canada, both of these systems have come under  scrutiny for having become more restrictive and trying to defend themselves against refugees instead of trying to protect refugees from the forces which persecute them. Both of these developments are linked to perceived security concerns, and political discourses and narratives which securitize refugee policy and depend on characterizations of refugees as suspicious individuals abusing a generous system, and placing an unfair burden on the resources of the host country. In Ecuador, this is exacerbated by an association of Colombians with violence and drug trafficking, and regional interests in relation to how the Colombian armed conflict needs to be framed. In Canada, these concerns are part of a larger change in legitimating certain kinds of migrants (economic ones) and delegitmating the most vulnerable (asylum claimants, framed by the Minister of Citizenship and Immigration Jason Kenney as potentially being ‘bogus’ refugees) (Bradimore and Bauder 2011). Therefore, in both Ecuador and Canada, I argue that immigration policy is largely about image management and driven by popular perceptions of immigration, to the detriment of Colombian asylum seekers. Firstly, let me discuss both countries recent changes to their historically open asylum policies that have particularly benefited Colombians (first with Ecuador, then Canada), then a comparison of both, and finally a critique of how both are exacerbating the vulnerability of this already extremely marginalized and threatened population.

Ecuador, although not a ‘traditional’ humanitarian developed liberal democratic state receiving large amounts of immigration like say the United States, Australia, or Canada, is definitely a country that has been recognized as having received an enormous amounts of (forced) migrants. This  country has the largest amount of refugees in the Western hemisphere (Applebaum 2012). Over 98.5% of these are Colombians, most likely displaced by violence from Colombia’s armed conflict (Applebaum 2012). Ecuador is a signatory to both the 1951 Geneva Convention, outlining the traditional Cold War era-focused definition of a refugee, as well as the 1976 Protocol. More importantly, Ecuador is also signatory to the 1984 Cartagena Declaration on Refugees; this declaration, although not legally binding, set out a framework for Latin American asylum policy which was more sensitive to the needs at the time where civil wars in both Central and South America were at their height, and with a definition of refugee that was more relevant than the 1951 one. This definition included people who were fleeing ‘massive human rights violations’, ‘generalized violence’ and ‘disturbances to the public order’ (White 1).  From 2000 to 2004, Ecuador accepted 27,000 Colombian refugees, an unprecedented number in that amount of time, far surpassing the rest of Colombia’s neighbours (Panama, Peru, Venezuela, Brazil) who together with Ecuador have over the last decade received the bulk of Colombia’s externally displaced population (Gottwald 532). Many of these refugees were at first accepted prima facie in Ecuador under the definition outlined by the Cartagena Declaration which, true to its purpose, fits quite nicely with the context of people fleeing the Colombian armed conflict (Gottwald 531). For many Colombians fleeing violence from armed groups such as the paramilitaries, the Marxist guerrillas, and the Colombian army in the Pacific, one of the poorest and most conflict-affected areas of Colombia, going to Ecuador is an attractive option. This has raised dramatically the amount of Colombian refugees arriving in Ecuador; in 2000 Ecuador received less than 500 asylum applicants, to 45,000 in 2007 (Riaño and Villa 59). Ecuador is a key actor therefore in the issue of Colombian forced migration.

Given this escalating crisis, the overburdened and under-resourced Ecuadorean refugee system, although relatively liberal and generous compared to the rest of Colombia’s neighbours, the system began to become more restrictive in 2002 when the Cartagena Declaration definition was no longer applied (Gottwald 533). Moreover, Colombians would be arbitrarily denied refugee status because of stigma against them and, although recognized as one of the better options for Colombian refugees, only a third of asylum claimants would be accepted. Ecuadoreans would generally reject Colombians, except for mass displacements resulting from well-known, highly-publicized, and documented massacres (Korovkin 325). Therefore, Ecuadorean asylum policy may not be as ‘humanitarian’ as it may appear.

The most pressing concerns however, are related to recent changes and Ecuador’s political interests in the framing of the Colombian armed conflict. In 2012, Ecuadorean President Rafael Correa issued Decree 1182, vastly restricting options for refugees in Ecuador in an effort to consolidate refugee laws and hopefully regulate the estimated thousands of Colombians who migrated, forcibly and voluntarily, and illegally. Decree 1182 cut down the amount of time for asylum claimants to submit their claims by half, and greatly reduced the time for refugees to organize and submit appeals to decisions (Littell 2012). Decree 1182 also begins to speak for the first time of repatriation, which would reduce the burden of hosting Colombian refugees, but would send them potentially back into danger (Litell 2012). The Decree also ignores the relevant Cartagena definition, opting for the Cold War relic of the 1951 Convention Refugee determination, focusing on individual persecution and not generalized violence.

This decree, and its associated problems and effects, are rooted in a very specific discourse around Colombian refugees in Ecuador. Firstly, with tens of thousands of refugees flooding into a relatively small and underdeveloped country, with an under-resourced refugee department and a weak UNHCR presence, the system is overloaded; moreover, it is in the interests of the Ecuadorean government and the Marxist FARC guerrillas, as well as the Colombian government itself, to downplay the transnational nature of an issue like forced migration (Gottwald 527). The Colombian government wants to keep the war a domestic issue that it can deal with within the auspices of its own sovereignty. Also, both Ecuador and the FARC want to downplay the fact that the FARC has been present in Ecuador for over a decade, being that the Ecuadorean government has been either unwilling or unable to remove the FARC from their territory (Gottwald 527). In a similar vein, this is part of a larger securitization of the refugee discourse and a militarization of the Ecuadorean-Colombian border as a result of the armed conflict that is part of a much larger pattern of trying to control the movement of drugs, arms, and people. The previous Ecuadorean  president Lucio Gutierrez and the former President of Colombia Alvaro Uribe Vélez, in an effort to curb illicit movements of people, arms, drugs, and insurgents, required a Paso Juridico, or a criminal record check at the border so that known ‘criminals’ would not be able to cross the border Riaño and Villa 62).

This discourse is motivated by a dual-interest in demonizing Colombian refugees. Firstly, already impoverished Colombian refugees are willing to work at lower wages than low-income Ecuadoreans when they arrive, causing resentment amongst locals (Korovkin 326). Furthermore, given the presence of the FARC and the somewhat lawlessness, despite militarization, of the Colombian-Ecuadorean border and of Ecuadorean communities along the border, violent crime such as murder has apparently skyrocketed in these communities (Gottwald 536, Korovkin 328). Many Colombian refugees have a well-founded fear that they will continue to be persecuted once in Ecuador, and that if they apply for asylum in Ecuador and are rejected, they will be deported back to Colombia (Korovkin 328). This coupled with a fear that many refugees do not want to be ‘traced’, and therefore do not want to document their movements into Ecuador, creates a high degree of under-registration, or what Gottwald calls “invisibility” of Colombian refugees (Gottwald 535); for example the Ecuadorean Minister for Foreign Affairs suggested that whereas official numbers of Colombians in Ecuador are around 50,000 (not all refugees, it must be mentioned), he estimates that the actual number maybe 10 times that, and perhaps even 1 million (Korovkin 325). Many Colombians also once upon arriving at Ecuador, do not have proper documentation or do not come into contact with authorities (given that they are coming from remote areas and through what is a jungle border), and therefore never have the opportunity to formally apply for asylum. So, increasing violence, a perception that Colombians are bringing with them their social problems (drug trafficking, the FARC), and abusing of Ecuador’s “generous” refugee system as well as living outside of it, has bred resentment among the local population in Ecuador who does not have direct family ties to Colombia. Indeed, in one survey, 52% of Colombian refugees in Ecuador felt that they had experienced discrimination based on their immigration status (or lack thereof) or there Colombian nationality (White 6).

The Canadian context is not much different in that a negative perception of refugees, that refugees are an issue to be ‘dealt with’ and not human beings entitled to certain rights and protection from the state as asylum claimants, drives immigration policy. In particular to Colombia, although not occupying a large space in the Canadian popular imagination, this nation has been one of the top 10 source countries for refugees for over a decade and has been in the top 5 lamentably since 2005 (Citizenship and Immigration Canada A). In 2006 for example, as a source country for refugees to Canada, Colombia was only second to Afghanistan (Citizenship and Immigration Canada c). Between 1995 and 2005, over half of all Colombians coming to Canada were refugees (Riaño and Villa 279). Interestingly as well, 90% of the Colombian refugees that are part of the Canadian government-assisted resettlement program are people who needed a Third Country after not being able to find adequate safety in Ecuador (White 8). Canada’s refugee program in Colombia, in which one can apply for government-assisted resettlement and asylum from within Colombia is the only program of its kind left in the country (Rico-Martinez 2011). Therefore, Canada and Colombia in regards to asylum policy are symbiotically significant to each other in that one represents a large part of its international humanitarian commitment to asylum seekers, and the other is one of the few viable options for escaping extremely high levels of brutal political and criminal violence.

Nevertheless, Colombia, although in real terms still a large ‘producer’ of refugees is slowly losing priority in terms of representation of ‘legitimate’ needs in Ottawa. In an interview with the Political Counsellor at the Canadian Embassy in Bogotá, delegates from the Canadian Council for Refugees (CCR) recount how the Canadian government is taking at face value many claims about security which are part of the official government discourse in Colombia (Rico-Martinez 2011). These points are that in urban areas, particularly the capital, security has greatly improved and the armed conflict is almost non-existent. Other points are that that the Marxist insurgency no longer has a national reach and has been pushed back by an American-supported counterinsurgency of former President Uribe to marginal areas (such as those bordering Ecuador, which still produce regional displacement). And the final narrative which has been accepted is that the demobilization of the paramilitary groups which executed the counterinsurgency in a not-so-covert alliance with the Colombian military was successful, eliminating the threat from the ‘paras’ as well (Rico-Martinez 2011). In other words, options for Colombians fearing armed political violence are to move to the illusion safety of urbanity such as Bogotá, and that the paramilitaries and guerrillas, the main actors in the conflict, are no longer a ‘problem’. However, there is a perception among displaced Colombians, not ridiculous, that the Canadian embassy will share intelligence with the DAS (the Colombian intelligence agency) who has files on 28 million Colombians-the Army in Colombia is also one of the largest perpetrators of abuses, historically working with paramilitary groups to persecute  ‘subversives’ who could possibly be guerrilla sympathizers (Rico-Martinez 2011). Despite this context of extreme vulnerability for many Colombians, Canada has opted to get rid of the ‘Source Country’ class for asylum claimants, even citing Colombia as having low acceptance rates (less than 10%) and a reason for the class’s irrelevance (Citizenship and Immigration Canada b). Therefore, the fact that the Canadian and American governments are on extremely good terms with the current Colombian leadership who is forwarding a narrative that Colombia’s counterinsurgency has brought relative security to the country is perhaps effecting  the framing, if not the implementation of asylum policy towards Colombia.

In the more general context, almost identical to Ecuador, Canadian asylum policy is being forwarded by crises/migrations which happen to the host country, and an official discourse which frames refugees as a ‘problem’. Canadian policy has been arguably influenced, if not driven, by the arrival of Tamil asylum claimants on boats in 2009 (Bradimore and Bauder). Given an exoticization of these ‘boat-people’ in the media, and the discourse around them which used a language of security, and not humanitarian necessity or rights, the asylum claimants were framed in the popular imagination of Canadians as being potentially a security threat at worst, or at best economic migrants who were ‘abusing’ Canada’s ‘generous’ refugee system. This later evoked an essentialized image of the “bogus” refugee who threatened either Canada’s physical security which has much political currency in a post-9/11 world, or who’s place in Canada was illegitimate as the ‘bogus’ refugee is trying to ‘jump the queue’ past ‘legitmate’ immigrants and giving a bad name to ‘legitimate’ refugees. This was the narrative employed by  the Minister of Citizenship and Immigration, Jason Kenney, to justify the restrictionist changes to Canadian asylum policy under the auspices of Bill C-31, the ‘Protecting the Canadian Immigration System Act’ (MacIntosh 2012, Labman 57). Logically, this is somewhat contradictory as the immigration system and the asylum system, although both under Kenney’s mandate, are different. One is about Canadian interests, and the other, although clearly political and subject to the political interests of the governing party, should be about Canada’s humanitarian commitment to the Geneva Convention.

Ironically, Bill C-31 is actually much like Ecuador’s Presidential Decree 1182; the time for filing an asylum claim is reduced to 15 days; Canadian asylum applicants, many fleeing traumatic and chaotic situations in which documenting abuse is difficult, or dealing with literacy and language issues, must find proper documentation for their claim within 30 days. Other similarities with the Ecuadorean changes include a more stringent criteria of appeals (the Pre-Removal Risk Assessment period is shortened) (Canadian Council for Refugees). Also, in direct contravention to the Refugee Convention and further reinforcing the ‘refugees are security threats/criminals’ narrative is the fact that if the Minister of Public Safety deems that a refugees arrival is “irregular” (such as the boat incidents with the Sri Lankan migrants), the migrants can be detained.

Kenney’s extremely problematic discourse is politically useful. By framing refugees as a burden on a generous system, as having dubious legitimacy on whether or not to be in Canada and enjoy services while they await a decision on their claim, it becomes less politically costly to ‘deal’ with refugees in ways that are convenient for Canada (detaining them, deporting them, not paying for their healthcare temporarily) but violate the rights of an extremely vulnerable population who has few to no options to keep the government they are dependent on accountable. This discourse essentially absolves the Canadian government of its humanitarian duties and presents it instead as responsible, prudent, and looking out for the best interest of Canada when it violates the rights of refugees.

Colombians, although not having a particularly significant purchase on the Canadian perception of refugees in general, unfortunately fit well into this narrative as Colombia is generally constructed within popular imaginaries as a suspicious place of chaos which exports drugs, refugees, violence, and other social problems. Therefore, the Canadian government, through Jason Kenney and evidenced by the words of representatives of the Embassy sets up two contradictory narratives which are both at the service of a restrictionist immigration policy. One is that, potentially, many asylum claimants to Canada are so-called ‘bogus refugees’ who are really ‘just’ economic migrants or (in the case of Colombia) drug traffickers or FARC terrorists; the other is that the situation in Colombia has improved to a point where, although things may be bad, Colombia no longer needs to be a ‘Source Country of Origin’ and is perhaps even an example of why that entire special class of countries with respect to asylum policy is no longer relevant.

Minister Jason Kenney

It is difficult to prioritize one policy over the other, as both are extremely similar in their origins, interests, supporting narratives (refugees/Colombians are dangerous or freeloaders), and outcomes (restrictionism). However, purely in technical terms, Canada’s refugee system is somewhat, perhaps even negligibly, better than Ecuador’s.  Canada’s system still has a more equitable appeal system than Ecuador’s, which only allows for a few days for gathering appeals. Additionally, although the contexts are very different (Canada largely receives Colombians at ports of entry, most Colombians are ‘invisible’ to the Ecuadorean state), Canada does have a less chaotic, and more rights-guaranteeing asylum system then Ecuador, although this system is slowly being eroded. Ironically though, Ecuador has much more to win from restrictionism than Canada, and Colombians have much more to lose. As a frontier zone bordering guerrilla strongholds, Ecuador is a first-stop for Colombians fleeing coca fumigation, forced displacement, massacres, sexual violence, and many other kinds of depredations by armed actors. Canada, although economically and socially a much more attractive option than Ecuador , is not a viable choice for many refugees given the waning concern on the part of Ottawa for the humanitarian situation in Colombia  and the geographic distance. Nevertheless given the uncontrolled influx of an unknown number of refugees into what are already poor communities in Ecuador, Ecuadoreans bear the brunt of the refugee crisis in the Americas. A restrictionist policy, and popular support for it, are more politically viable in Ecuador. The millions of dollars that Canada in the long-run will ‘save’ on its humanitarian commitment (something that perhaps should not be the first place to look for budget cuts), are relatively insignificant, given what Canada spends on asylum. However, given the construction of refugees as an issue, and the hypervisibilization of ‘suspicious’ appearing refugees given the two boat incidents off the coast of British Columbia, politically, there is much to gain for the Canadian government from adopting restrictionist measures, although not necessarily the host society like Ecuador would.

This disturbing pattern of restrictionist asylum policies, against the spirit and even sometimes the letter of the 1951 Convention, closes a literal humanitarian space of potential safety for the millions of Colombians who have been, and continue to be, victimized by violence. Colombians will no longer just have a hard time finding refuge in Canada and Ecuador (two of the few countries who ever received many Colombians in the first place), but if they arrive there their situations will be more precarious, with less support from the state and a greater likelihood to be deported back to the civil war they fled.

The architects and executors of both Ecuadorean and Canadian immigration policy need to critically reflect on whose interests they are actually advancing by restricting the possibilities for Colombian asylum seekers. Ecuador needs to get rid of Decree 1182, and most urgently, needs to recognize refugees using the Cartagena Declaration definition, and not just the 1951 definition; ‘formalizing’ the tens (perhaps hundreds) of thousands of Colombian forced migrants living in the shadows in Ecuador needs to a process of humanitarian inclusion, and not convenient exclusion. In both Canada and Ecuador, asylum claimants should be given more time and resources to make their asylum claims, and there needs to be less of an emphasis on receiving forced migrants and their claims on the terms of government bureaucracies (an emphasis on documentation) and more on the migrants needs (for example, in Colombia some of the most affected by displacement fleeing to Ecuador are indigenous people who often may not have a working knowledge of Spanish, let alone French or English, to say nothing of being able to document the anarchic and traumatic nature of events like displacement). Canada needs to stop detaining refugees and understand that to arbitrarily deem some arrivals as “irregular” is problematic. Forced migration is an experience of literal and figurative displacement in which one’s place in the world is traumatically ruptured and survival is the key focus; there is little that is typically ‘regular’ about this for thousands of Colombians.

Most importantly however, given that both Ecuador and Canada are democracies in which public opinion (or what leaders perceive it to be, or help to make) heavily influences policy. In both countries, restrictionist immigration policy that would be otherwise controversial is supported if not driven by narratives and perceptions of (Colombian) refugees as being suspect, dangerous, and freeloading. The best thing that Canada and Ecuador can do for Colombian refugees is to hand them the microphone and let their respective publics understand them and the complexities of forced migrations on the Colombians’ own terms, and not on those of the governments who would rather protect themselves from them.

References

Appelbaum, Adina. “Challenges to Refugee Protection in Ecuador: Reflections from World Refugee Day.”

Challenges to Refugee Protection in Ecuador: Reflections from World Refugee Day. Georgetown

Public Policy Review, 26 June 2012. Web. 20 Mar. 2013.

<http://gppreview.com/2012/06/26/challenges-to-refugee-

protection-in-ecuador-reflections-from-world-refugee-day/>.

Canadian Council for Refugees. “Concerns about Changes to the Refugee Determination System.”

 

Concerns about Changes to the Refugee Determination System. Canadian Council for Refugees,

Dec. 2012. Web. 25 Mar. 2013. <http://ccrweb.ca/en/concerns-changes-refugee-determination-

system>.

a.Citizenship and Immigration Canada. “Canada – Total Entries of Refugee Claimants by Top Source

Countries.” Facts and Figures 2010 – Immigration Overview: Permanent and Temporary

 

Residents. Government of Canada, n.d. Web. 28 Mar. 2013.

<http://www.cic.gc.ca/english/resources/statistics/facts2010/temporary/25.asp&gt;.

b.Citizenship and Immigration Canada. Media Relations. News Release — Government to Refocus

 

Resettlement Efforts. News Release — Government to Refocus Resettlement Efforts. Citizenship

and Immigration Canada, 18 Mar. 2011. Web. 30 Mar. 2013.

<http://www.cic.gc.ca/english/department/media/releases/2011/2011-03-18c.asp&gt;.

c. Citizenship and Immigraiton Canada. “Backgrounder – Refugees and Canada’s Refugee System.”

Citizenship and Immigration Canada, Communications Branch. Government of Canada 20 June

2007. Web. 01 Apr. 2013.

<http://www.cic.gc.ca/english/department/media/backgrounders/2007/2007-06-20.asp&gt;.

Gottwald, Martin. “Protecting Colombian Refugees in the Andean Region: The Fight Against Invisibility.”

International Journal of Refugee Law 16.4 (2004): 517-46. Print.

IDMC. “Country Page: Colombia.” Country Page: Colombia. International Displacement Monitoring

Centre (IDMC), Dec. 2011. Web. 2 Apr. 2013. <http://www.internal-

displacement.org/countries/colombia>.

Korovkin, Tanya. “The Colombian War and “Invisible” Refugees in Ecuador.” Peace Review: A Journal of

 

Social Justice 20.3 (2008): 321-29. Taylor & Francis. Web. 27 Mar. 2013.

<http://www.tandfonline.com/doi/abs/10.1080/10402650802330154&gt;.

Labman, Shauna. “Queue the Rhetoric: Refugees, Resettlement and Reform.” University of New

 

Brunswick Law Journal 62 (2011): 55. LexisNexis. Web. 1 April 2013.

http://www.lexisnexis.com/hottopics/lnacademic/?verb=sr&csi=366868&sr=HLEAD%28Queue+the+rhetoric%29+and+date+is+2011

Littell, Nicole. “Situation of Asylum Seekers and Refugees in Ecuador.” The Human Rights Brief. Center

for Human Rights and Humanitarian Law, 5 Nov. 2012. Web. 25 Mar. 2013.

<http://hrbrief.org/2012/11/situation-of-asylum-seekers-and-refugees-in-ecuador/&gt;.

MacIntosh, Constance. “Insecure Refugees: The Narrowing of Asylum-Seeker Rights to Freedom of

Movement and Claims Determination Post 9/11 in Canada.” Review of Constitutional Studies

16.2 (2012): 181. Web. Hein Online

http://heinonline.org/HOL/Page?handle=hein.journals/revicos16&div=14&g_sent=1&collection=journals

Riaño, Pilar, and Marta Ines Villa, eds. Poniendo Tierra De Por Medio: Migración Forzada De

Colombianos En Colombia, Ecuador Y Canadá (Putting Land in Between: Forced Migration of

Colombians in Colombia, Ecuador, and Canada). Medellín: Corporación Region, 2008. Print.

Rico Martinez, Francisco. The Future of Colombian Refugees in Canada – Are We Being Equitable? Rep.

N.p.: Canadian Council for Refugees, 2011. Print.

White, Anna G. “In the shows of refugees: Providing Protection and Solutions for Displaced

Colombians in Ecuador”. News Issues In Refugee Research. Research Paper No. 217. UNHCR.

Policy Development and Evaluation Service. Web. Accessed March 29 2013. http://www.unhcr.org/4e4bd6c19.html

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Making A Killing: Colombia and the Canadian Military Industrial Complex

John Baird

A few months ago, I wrote to the Canadian Minister of Foreign Affairs and International Trade, John Baird about Canada’s decision to allow Canadian weapons manufacturers to sell arms to Colombia. Baird had put Colombia on the Automatic Firearms Country Control List (AFCCL),  a list of now 34 countries to which Canadians can get export permits for weapons. The weapons which Canadian businesses would now be able to export to Colombia, actually aren’t even legal in Canada (see below).

In a brief and polite response, Baird informed me there had been “broad consultation” with the Canadian public and  and different government departments which had informed the decision. Apparently, the consultation touched on “multiple issues” including human rights, peace, stability, the risk of diversion, and interestingly, “commercial opportunities for Canadian business” (emphasis mine).

To Baird’s credit, he did mention that each export permit is assessed individually, with particular emphasis on what the “end-use” of the weapons will be, and if they are in accordance with Canadian foreign and  defense policy, law, and “including the potential impact of export on human rights and armed conflicts”.

At the end of his correspondence, Baird listed off a myriad of highly problematic initiatives as part of Canada’s relationship to Colombia, perhaps trying to show some sort of misguided intentions to “help” Colombia; in particular Baird lauded the Canada-Colombia Free Trade Agreement (FTA), and how Colombia has received benefits from DFAIT’s “Counter-Terrorism and Anti-Crime Capacity Building” programs.

 

Clearly all of these policies, but particularly for now the AFCCL, are very concerning and merit their own analysis. The larger point here is, despite Baird taking the time to reply, the decision of what will be a “risky” sale of weapons of mass destruction (automatic weapons)  to a country experiencing armed conflict and endemic levels of violence will be decided in Ottawa, with “commercial” interests in mind. This is all working under the militarist assumption that a country having a militarized society, or an extremely powerful military (especially with an ongoing civil war) is a desirable thing.

It goes without saying that the current Canadian government is accepting the Colombian government’s narrative that Colombia is a democratic, improving, stabilizing, and human-rights respecting country that is ready for foreign (Canadian) investment in order to “develop”. It’s important to note that, as Human Rights Watch has stated, the paramilitaries or “right-wing death squads” as others have called them, who are responsible for war crimes and crimes against humanity, operate like a “sixth branch of the Army”, and the Colombian army itself is often responsible for extremely egregious violations of human rights (forced disappearances, massacres, extrajudicial executions, sexual violence, etc), particularly to the civilian population it is supposedly defending. This is to whom the Canadian government thinks it is a good idea to sell guns to…..

It’s been long known that Canadian business and the Canadian government have at best been negligent to the humanitarian catastrophe of mass violence in Colombia, choosing to focus instead on promoting ‘economic growth’ through trade (which is often not unassociated). However, it now seems that, after Baird’s decision, the Canadian Military Industrial Complex will be able to directly make bank off of one of the bloodiest armed conflicts in the Western Hemisphere.

For some key points on armed violence in Colombia, check out my initial oversimplified letter below (which perhaps was a bit too charitable with the Minister). For more information on the Canadian Military Industrial Complex and how it is profiting from and exacerbating human rights violations the world over, check out this piece by Richard Sanders.

January 3, 2013

“Dear Prime Minister Harper, Minister Ablonczy, Minister Baird, and Mr. Hiebert,

I hope this message finds you all well after the holidays.

…I am an extremely concerned Canadian voter. This morning, it came to my attention that the Honourable Minister Baird, by amending the “Automatic Firearms Country Control” list, has removed the export bans on high-capacity magazines and assault weapons to my native Colombia. These same kinds of weapons are banned in Canada, as they are considered too dangerous to be on our streets. Moreover, these same kind of weapons are the ones which were used to murder over 26 innocent Americans in the Newton massacre last month.

Colombia, although much safer and less violent than in the last a decade ago, is still one of the most violent countries in the world. The homicide rate hovers at around 30-38 per 100,000, making at among the world’s 15 most violent countries. Approximately hundreds of thousands are displaced every year due to violence. Although the government is currently in promising peace talks with Colombia’s largest rebel group, the FARC, they continue to fight and terrorize local communities. This armed conflict is compounded by extremely high levels of urban violence, the ELN rebels, narcotrafficking groups, and the paramilitary successor groups or BACRIM/criminal bands which account for around a disproportionate amount of the violence in Colombia.

Colombia over the last decade has had over 200,000 murders. 75% of homicides in Colombia are committed by firearms. There are over 14,000 child soldiers in Colombia who are arguably forced to operate these kind of high-powered weapons. As per the Colombian army, it is estimated that from 2002-2006, over 3,000 young, mostly impoverished, male civilians were killed and made to look as insurgents by the Colombian army so as to increase kill counts. In Medellin a few days ago, an 11 year old girl lost her life to a stray bullet. She was only one of over 300 victims of stray bullets last year. Although Colombia is making great improvements in overcoming our violent legacy, human rights and violence are still clearly very important concerns.

I understand that in order for arms exporters to be issued a permit to export weapons under ACCFL, the government must review each case with ‘strict controls’. I also understand that Canada has been extremely generous with Colombia by making it a priority country for bilateral aid, and donating millions to support both the nascent peace process and the Land restitution law to bring growth and reconciliation to a country that has been too long plagued by violence.

However, given that Canada and Colombia’s relationship is, supposedly mutually beneficial, I fail to see the benefit that Colombia would attain from buying more arms during a peace process in which Colombian society is trying to turn away from guns. Gun bans have proven extremely effective in Colombia; earlier this year Bogota Mayor Gustavo Petro banned handguns in the capital city, leading to the murder rate dropping to its lowest point in 27 years. Bogota is now safer than many American inner cities.

I am therefore extremely curious as to how exactly, beyond ‘market opportunities’ for Canadian arms dealer, your government has considered that allowing the export of extremely dangerous and deadly firearms into a very violent country like Colombia, will be consistent with your policy of creating a mutually beneficial relationship with both countries.

I would be very appreciative if I could please be informed as to your government’s rationale for adding Colombia to the AFCCL.

Please do not conflate ‘market opportunities’ for Canadians with the re-militarization of Colombian society; if this is not the case, then please inform me otherwise.”

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