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.
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