Canada Does Good for Refugees, but also Doesn’t?

September 15, 2017

By Sarah Purtill
Impunity Watch Reporter, North America

TORONTO, Canada – Canada is known around the world as accepting of immigrants and refugees. Personal stories about the positive experiences immigrants and refugees have in Canada come out every day. Seidu Mohammad, a Ghanaian refugee in Canada is chasing his dream of being a professional soccer player. His team is currently on a winning streak and the pressure is on to keep it going.

Ahmed Hussen prepares for a citizenship ceremony in Toronto. Photo Courtesy of The New York Times

Ahmed Hussen is another refugee who came to Canada from Somalia 25 years ago. He was named immigration czar in January 2017 and is the first refugee to be appointed to the spot. After coming to Canada, he worked to get himself through college and then law school. He proclaimed “everyday generosity of Canadians … helped me each and every step of the way.”

Hussen continues to promote Canada’s open door policy despite pressure to close the border. This pressure stems from the Canadian refugee processing system being overwhelmed by Haitians who have lined up at a ditch in Champlain N.Y. out of fear of deportation from the United States.

But Hussen is not the only one addressing the refugee problem. While Canadian Prime Minister Justin Trudeau personally welcomed a planeload of Syrian refugees arriving in Canada in December of 2015, by September of 2017, it appears that welcome does not apply to Haitian refugees from the United States.

Trudeau claims “for someone to successfully seek asylum it’s not about economic migration. It’s about vulnerability, exposure to torture or death or being stateless people.” The turn away of Haitian refugees disagrees with Trudeau’s statement.

Haitian human rights lawyer Patrice Florvilus believes Canada’s claims that “things have returned to normal” in Haiti is not true. Florvilus believes Canada should grant Haitians refugee status, “if Canada wants to become a real beacon for refugees.”

Haitian refugees are not the only ones having trouble getting into Canada. Syrian refugees who can make it to Canada are usually the “richest and most well-educated members of their society” because they are the ones who are able to pay off human smugglers. The political ramifications here do not bode well for Syria.

Typically, refugees who seek asylum in the geographical vicinity of the country they are escaping from return when the conflict ends. But those who travel across oceans do not come back. This means that when the Syrian conflict ends, the country will see a shortage of doctors, dentists and nurses. Essentially, this system of migration is a lottery for the rich and powerful.

While Canada has done plenty of good for many refugees, it may not have truly earned its reputation as an open and inviting place for refugees and asylum seekers.

For further information, please see:

National Post – Why Canada’s refugee policy may actually be doing more harm than good – 8 September 2017

New York Times – In Canada, an Immigration Minister Who Himself Is a Refugee – 6 September 2017

CBC News – Refugee who lost fingers to frostbite chasing soccer dreams – 5 September 2017

The Guardian – Welcoming Haitian refugees to Canada isn’t about generosity but justice – 29 August 2017

Chilean President Proposes Legalization of Same Sex Marriage One Week After Legalization of Abortion

September 15, 2017

By: Max Cohen
Impunity Watch News Reporter, South America

SANTIAGO, Chile – About a week after Chile’s Constitutional Tribunal officially approved a law lessening the country’s restrictions on abortion, President Michelle Bachelet has introduced a bill to legalize gay marriage. Chile previously decriminalized gay sex in 1999 and approved civil unions in 2015. If approved, the measure would redefine the country’s definition of marriage, and expand the rights of gay couples by allowing them to adopt children. It would also recognize the marriages of same sex couples married abroad.

Chilean President Michelle Bachelet holds aloft the portfolio containing the proposal for legislation to legalize same sex marriage. Photo courtesy of Associated Press.

After passage of a bill decriminalizing abortion under certain circumstances, a few legislators requested review of the law before the Constitutional Tribunal claiming that it would violate the Chilean constitution’s guarantee of protection of the unborn. On August 21^st, the ten justices voted six to four in favor of the legislation, which replaced a law passed in the last years of the Pinochet dictatorship. Currently, women may now legally get an abortion in the country when the mother’s life is in danger, the fetus is unviable, or when the pregnancy is the result of rape.

On August 28, President Michelle Bachelet signed a proposal to legalize gay marriage in the country, which now goes to the legislature to decide on. In signing the proposal, President Bachelet said, “We can’t let old prejudices be stronger than love.” Though civil unions have been recognized in several South American countries, only Argentina, Uruguay, Brazil, and Columbia have thus far legalized same sex marriage, with the latter two legalizing it through court rulings.

With her term ending in March 2018 though, President Bachelet is unlikely to see the bill passed. One of her potential successors, former president Sebastian Pinera, who polls at the time of writing this article have favored to win the upcoming November election, opposes the bill. In a statement to the BBC, he said, “There should not be discrimination, but at the same time the essence of an institution such as marriage should be respected, which has always been about conserving the human race.” Still though, gay rights activists within the country are celebrating the move as historic.

For more information, please see:

BBC – Chile leader sends gay marriage bill to congress – Aug 29, 2017

The Guardian – ‘Essential rights’: Chile’s President Bachelet introduces gay marriage bill – Aug 29, 2017

ABC – Chile’s Bachelet presents gay marriage bill – Aug 28, 2017

New York Times – Chilean Tribunal Weighs In: Some Abortions Will Now Be Legal – Aug 21, 2017

International Center for Transitional Justice: In Focus – The Pursuit of Justice in Sri Lanka

September 14, 2017

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ICTJ In Focus 72
September 2017

In Focus

Divided by Years of Conflict, Sri Lankans Have Yet to See the Promise of Justice FulfilledWhere does transitional justice stand in Sri Lanka? Kelli Muddell, Director of ICTJ’s Gender Justice Program, explores the country’s contested historical narratives.

Other News

Is the United States Ready for a Truth-Telling Process?Fania Davis thinks the time has come for a truth-telling process about racial injustice in the United States, and she is working to make it a reality. We sat down with her and her colleague, Jodie Geddes, to discuss their vision for a national process, what they hope it would achieve, and what they have learned from their conversations with local leaders so far.

Publications

When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Sexual violence against men and boys in times of conflict or repression is alarmingly common— and takes a markedly consistent form across contexts in terms of how it affects victims and societies as a human rights violation that is taboo to talk about. It has been committed in all cultures, geographic regions, and time periods.

View Report

Handbook on Complementarity

Where should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in the global fight against impunity.

View Report

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Upcoming Events

October 09 – 13, 2017

Negotiating Peace and Justice: ICTJ’s 2017 Intensive Course on Transitional Justice and Peace ProcessesLocation: Barcelona, SpainView Details

November 07 – 08, 2017

The Interface of National Security and Humanitarian Law in Situations of Low-Intensity Armed Conflict / High Intensity EmergencyLocation: Ulster University, Jordanstown campus View Details

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After EU Ruling, Prime Minister of Hungary Vows to Continue Fight Against Migrants

September 14, 2017

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BUDAPEST, Hungary – After the European Union on September 6th dismissed Hungary and Slovakia’s challenge against mandatory migrant quotas, Hungarian Prime Minister Viktor Orban vowed to continue fighting.

Serbian Migrants Outside Hungarian Border Fence, 2015. Photo Courtesy of The New York Times.

The ruling issued by the EU reaffirms the requirement that EU members provide refuge for a specified share of asylum-seekers reaching Europe. Under the plan, Syrian, Iraqi and Eritrean refugees escaping violence in the Middle East and Africa are to be spread among the 28 member states of the EU. Hungary is required to take in 1,294 of these refugees. If they do not abide by the ruling, the EU has the right to impose fines.

The Mediterranean migrant crisis of 2015 prompted the EU to enact mandatory quotas for those seeking asylum. The initial purpose of the quotas was to ease the burden on Italy and Greece, as these countries were at the time being inundated. The number of migrants has since declined, which has made noncompliance easier for member-states opposed to the quota.

Prime Minister Orban maintains that Hungary is under no obligation to let anyone in. “These countries with colonial legacy, which have become immigrant countries by now, want to impose on us Central Europeans their own logic … but Hungary does not want to become an immigrant country,” Orban said.

During the height of the migrant crisis, Budapest installed border fences and hired border police to patrol the fences to keep migrants out. Orban last month requested reimbursement funds from the EU for these measures. He has since been chided by the European Commission President Jean-Claude Juncker for this request and for failing to participate in the quota scheme.

This is not the first time that Hungary has been criticized. In July 2016, Human Rights Watch cited Hungary’s treatment of detained refugees and migrants as “breaking all the rules of asylum seekers.”

Orban believes that enforcement of the quota scheme “raises a very serious question of principles: whether we are an alliance of European free nations with the Commission representing our joint interests, or a European empire which has its center in Brussels and which can issue orders.”

This opposition is in contrast to Hungary’s position in 1989, when it allowed those under communist-ruled Eastern Europe to pass freely through its borders. At that time, Hungary declared that it was following “generally accepted international principles of human rights and humanitarian consideration.”

Since the current compulsory quota scheme was enacted, Hungary has not accepted a single refugee.

For more information, please see:

Aljazeera – Hungary to Fight EU Migrant Quotas Despite Setback – 8 September 2017

Anadolu Agency – Hungary Declares ‘Political Fight’ Over EU Ruling – 8 September 2017

Reuters – Hungarian PM Orban Says Will Fight After EU Ruling on Migrant Quota – 8 September 2017

The New York Times – Hungary is Making Europe’s Migrant Crisis Worse – 8 September 2017

The Washington Post – Hungary and Slovakia Challenged Europe’s Refugee Scheme. They Just Lost Badly. – 8 September 2017

The New York Times – E.U. Countries Must Accept Their Share of Migrants, Court Rules – 6 September 2017

Italian Officers Suspended Amid Rape Allegations

September 13, 2017

By Jenilyn Brhel
Impunity Watch Reporter, Europe

ROME, Italy – Two Italian Carabinieri officers have been suspended amid allegations they raped two US students in Florence.

Outside Florence Nightclub Where Officers Picked up Students. Photo Courtesy of Time.

On Friday, September 8, Italy’s defense minister Roberta Pinotti attended a forum on women’s issues in Milan where she stated that “investigation is still underway, but there is some basis in respect to the allegations.”

The rapes reportedly occurred in the early morning hours of September 7th.

Earlier, the women, ages 19 and 21, spent time at a nightclub in Florence. Patrol cars were called to the scene to investigate a fight that had broken out at the club. Two of the three patrol cars departed after the fight had been handled.

After the women were unsuccessful in their efforts to find a taxi, the remaining officers, who were in uniform at the time, offered to drive them home. Witnesses confirmed seeing the women enter the patrol car.

Upon arriving to the residence, the officers allegedly raped the women before they could reach their rooms. The women told investigators they were too frightened to scream during the assault.

Prosecutors in Florence are investigating the incident and have conducted DNA tests to verify the accusations. The results of those tests are pending.

The United State Embassy in Rome declined to comment on the situation “due to the sensitive nature of this case and to protect the privacy of those involved.”

The accused officers have been suspended on a precautionary basis while the investigation continues. The Carabinieri provincial officer command stated that the suspension is separate from the Florence prosecutors’ investigation into the criminal allegations.

In addition to the rape charges, the officers face disciplinary charges from driving the women home without notifying superiors.

“Rape is always a serious matter. But it’s of unprecedented seriousness if it is committed by Carabinieri in uniform, because citizens turn to them and to their uniform to have assurances and security” Pinotti said at the women’s forum.

The paramilitary Carabinieri are one of two of Italy’s main police forces, the other being the state police. The Carabinieri report to the Defense Ministry.

“If this is true, and I hope that light is shed on the matter as soon as possible, then it would be an act of unheard of gravity” said Tullio Del Sette, head of the army.

For more information, please see:

Time – 2 U.S. Students say They Were Raped by Policemen in Italy – 8 September 2017

New York Times – Two American Students Accuse Italian Police of Rape – 9 September 2017

Reuters – U.S. Students’ Rape Allegation has ‘Some Basis’, Minister Says – 9 September 2017

Washington Post – 2 Italian Police Suspended After Alleged Rape of US Students – 9 September 2017