Canada Plans to Cut Down Refugee Acceptance

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – Canadian Immigration Minister Jason Kenney said that Canada plans to cut the number of people receiving refugee status next year. Specifically, the plan will target those who make their claim for refugee status after entering the country. The plan expects to give refugee status to between nine and twelve thousand people who filed their claim after arriving in Canada. This is less than half of what was expected in 2006.

Kenney, who promised to unveil a plan for reform before Christmas, has long criticized the current refugee system as being inefficient and ripe for abuse. Canada currently spends 29,000 dollars per claimant and had a backlog of 60,000 claims when Kenney made his promise last month.

The process can take up to five years and provides three stages of appeal in federal court. Kenney called this inefficiency “an advertisement for people to come and abuse the system.” He has alleged that the system is commonly abused by what he calls “bogus claimants” who come to the country illegally and receive advice from “phony immigration consultants” on how to cheat the system and gain refugee status.

Kenney has criticized the current plans consideration of those who enter the country illegally, saying “We want to ensure that we don’t end up with a two-tier immigration system, one tier for legal law-abiding immigrants who wait patiently to come to Canada the legal way, and another that incentizes (sic) false refugee claimants to come through the back door.”

The cuts have been met with criticism from those who fear the plan is insensitive to the hardships prospective refugees are looking to escape. Immigration critic Olivia Chow stated: “Beatings, torture, suffering and even deaths will occur and unfortunately many will be turned away. Canada is no longer a land of hope and compassion.”

Canada’s current immigration system accepts a great deal of people seeking refugee status, many of whom enter the country illegally before filing their claim. In 2008, Canada accepted 22,000 refugees many of whom had applied after arriving in Canada. In 2006, tolerance for in-country applications peaked in Canada, with an estimate of between 22,500 and 28,800 applications for refugee status from those already in the country. Just last month, on October 17, Canadian authorities stopped seventy-six Tamil refugees trying to enter the country illegally to escape oppression in Sri Lanka. Those men will be able to apply for refugee status despite concerns that there may be members of the Tamil tigers hiding among them. Tamil tigers are a rebel group currently at war with the government in Sri Lanka.

For more information, please see:

Ottawa Citizen – Immigration Minister Jason Kenney Cuts Refugee Targets for 2010 – 2 November 2009

Ottawa Citizen – Would-be Migrants will Face Tough Scrutiny: Kenney – 20 October 2009

National Post – Refugee System Reforms in Works, Kenny Says – 7 October 2009

Canada Calls for UN Inspectors to Focus on Iran

By William Miller,

Impunity Watch Reporter, North America

OTTAWA, Canada – A Canadian drafted UN resolution released on Thursday, October 29 sharply criticized Iran for their continuing violations of human rights. Canada has proposed such resolutions before but this resolution is the first to criticize UN Special Investigators for their failure investigate Iran’s atrocious human rights violations.

Canadian Foreign Affairs Minister Lawrence Cannon suggested that this resolution will be the strongest Criticism of Iran’s human rights violations drafted by Canada. Cannon has been historically critical of Iran and led a walkout in protest of Iran’s President Mahmoud Ahmadinejad last month at the UN Delegation.

Canada has emerged as the leader in attacking Iran’s human rights violations and have drafted all resolutions criticizing such violations since 2003. In that year, an Iranian born photojournalist named Zahara Kazemi was arrested, tortured and killed in Iran. The Canadian resolutions stemming from this incident have been unanimously supported by the UN despite persistent attacks on procedural grounds by Iran.

The current resolution will be the first one to criticize inspectors by asking them to focus more intensely on Iran. Past resolutions drafted by Canada have called for Iranian cooperation but have fallen short of criticizing inspectors. The draft specifically mentions inspectors who focus their investigations in areas of human rights such as extra-judicial executions, torture, free speech suppression, persecution of human rights activists, arbitrary detention, and enforced disappearances. Iran has issued a standing invitation to such investigators but has consistently ignored attempts by investigators looking to visit the country and has not filled a single request in four years.

UN inspectors are already facing criticism for not focusing their efforts on countries like Iran and instead placing the majority of their attention on developed democracies. Critics say that developed countries already have the systems in place to deal with violations and that countries like Iran, where the inspectors are truly needed, are left unchecked. Inspector Gay MacDougal was mentioned as one of the unnecessary inspectors. MacDougal focuses on minorities and was investigating Canada as the resolution was being finished. So far fifty percent of the countries visited by McDougal have been mature democracies like Canada.

The resolution specifically accuses Iran of “persistent failure to uphold due process of law rights, and violation of rights of detainees, including defendants held without charge or incommunicado, the systematic and arbitrary use of prolonged solitary confinement, and lack of timely access to legal representation.” The resolution also alleges increased discrimination against minorities pointing to the 2008 arrest of Bahai religious leaders who are currently still being held. Other specific examples of human rights abuses mentioned in the resolution include flogging, amputation and stoning.

For more information, please see:

National Post – Of Toronto & Tehran – 30 October 2009

Washington TV – Canada Urges UN Investigators to Focus on Rights abuses in Iran – 30 October 2009

Ottawa Citizen – Canada Unveils UN Resolution Blasting Iran’s Rights Record – 29 October 2009

The Vancouver Sun – Canada Tries to Focus UN Spotlight on Iran’s Human Rights Record – 28 October

Decree Grants Immunity to Fiji Coup Leaders

By Eileen Gould
Impunity Watch Reporter, Oceania

SUVA, Fiji – The leaders of the coup that overtook Fiji’s democratically elected has been given full immunity from prosecution.

According to a report issued on Friday, Fiji’s military leader, Voreqe (Frank) Bainimarama, has been given full immunity from prosecution. A decree issued on March 22 gives full immunity to those who participated in the coups of 2000 and 2006.  The current president, Ratu Epeli Nailatikau, granted immunity to Bainimarama and the other members of the coup, a coup in 2000 as well as for an attempted mutiny at the Fiji army barracks.

Fiji’s former president Ratu Josefa Iloilo was also granted immunity from prosecution.  Iloilo abrogated the constitution in 2009, after the Court of Appeal said that Bainimarama’s coup was illegal.

Nailatikau’s decree grants immunity from criminal or civil actions to members of the police, military and prison service, as well as all individuals who acted under official orders.

According to the president of Fiji Law Society, Dorsami Naidu, the decree also awards immunity for future actions.

Individuals who have already been convicted of crimes will not be given immunity.  For instance, George Speight, businessman and leader of the 2000 coup, is serving a life sentence.

Mr. Speight and the other members of the coup gave themselves immunity but Bainimarama went back on this deal, and these men were arrested.

It is believed that the decree was issued in response to the decision by a court to award compensation to an individual who was tortured by individuals during the 2000 coup.

Fiji Law Society stated that the decree “basically does away with all actions, or all events that may have occurred, or that may be before a court or a tribunal or any body which would be seeking any form of damages, compensation, or any claim against the present regime.”

The Coalition for Democracy in Fiji states that individuals in power will not allow free elections to take place unless they have been granted full immunity from prosecution.  It allows them to get away with many egregious acts.

For more information please see:
Radio New Zealand News – Fiji leaders’ immunity decree ‘a mockery’ – 10 April 2010

Monsters and Critics – Fiji’s 2006 coup leaders give themselves legal immunity – 09 April 2010

Radio New Zealand International – Law society says Fiji coup leaders think they are above the law – 09 April 2010

Pirates Abandon Seized Vessel

By Brandon Kaufman
Impunity Watch Reporter, Middle East

NAIROBI, Kenya– The crew of a Turkish-flagged carrier is now back in control of the vessel after pirates abandoned the ship.  The ship was hijacked while en route to the Kenyan port of Mombasa.

The vessel, the Yasin C, was seized on Wednesday approximately 250 miles east of Mombasa.  Andrew Mwangura, of the East African Seafarer’s Assistance Program, told Reuters that the “Yasin C was abandoned yesterday.  The pirates abandoned it, and I think the crew will seek aid from the navy before coming to Mombasa.  All the 25 crew were unharmed.”  He added that the vessel had yet to arrive in Mombasa.

Faith Kabal, a spokesman for Bergen Shipping which operates the vessel, told Turkey’s state run news agency that “the ship’s captain gave the good news that the pirates had abandoned the ship.”  The crew had apparently locked themselves in the engine room until they realized the pirates were gone.

Over the last few years, piracy groups have seized dozens of ships in the Indian Ocean and Gulf of Aden.  And despite increased international naval patrols, pirate activity is expected to increase in the coming months as weather in the area is expected to improve.

It is unknown at this point why the pirates abandoned the vessel.

In a related story, the United States Navy said it captured six suspected pirates in the Gulf of Aden when the pirates opened fire on a navy vessel with small arms from their boat.  The USS Ashland fired two rounds at the pirate skiff from her 25-mm gun said a Navy spokesman.  The skiff caught fire and the suspected pirates abandoned their boat.  Personnel of the Ashland then deployed to assist the pirates who were in the water near the skiff.

For more information, please see:

National Turk- Hijacked Turkish Cargo Ship Released by Pirates in Indian Ocean– 10 April 2010

Reuters- Pirates Abandon Turkish-Flagged Ship off Kenya– 10 April 2010

AHN- Turkish Vessel Hijacked by Somali Pirates– 10 April 2010

Ethiopia Rebels Surrender

By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

ADDIS ABABA, Ethiopia – After decades of guerrilla war, a rebel group in Ethiopia’s Somali region has agreed to lay down arms, according to the Ethiopian government.  This is to be accompanied by the rebel group’s participation in the Ethiopian political process, and is quite timely, given that nationwide elections are to take place in a few weeks.

After talks with the local government, leaders of the United Western Somali Libertarian Front (UWSLF) agreed to abide by the constitution of Ethiopia and operate legally and abandon the “armed struggle.”

In a press conference, Communications Minister Bereket Simon announced Friday that, “[w]e expect these leaders to appear here soon to explain how they will operate in the Ethiopian legal atmosphere . . . that will help the stability and peace.”

The “government has decided to respect their right to operate in the Ethiopian legal system, to enter into more civilized and pacific politic,” said Minister Simon after being questioned by AFP.   He went on to add that the UWSLF “”[t]hey had pursued a mistaken past, and now they’re desisting from it, so we will respect their right to engage in civilized politics.”

The UWSLF, created in the 1970’s, was active during the war for control of the Ogaden, where Ethiopia defeated Somalia.  It, along with other rebel groups has been fighting over Ogaden, a predominantly Somali-speaking region,  due to the regions vast natural resources.

UWSLF activities recently include a 2006 kidnapping of Red Cross workers, which the UWSLF apologized for, citing a miscommunication and case of mistaken identity as the reasons for the kidnapping.

For more information, please see:

AFP – Ethiopian Rebel Group “Agrees to Lay Down Arms” – 9 April 2010

Reuters – Ethiopia Says Rebels Threatening Oil Firms Surrender – 9 April 2010

VOA – Ethiopia Hails Little-Known Rebel Group’s Demise – 9 April 2010