PRIVATIZING PROTECTION?The Evolution of Private Sponsorship in Canada

SHAUNA LABMANPh.D. Candidate

Trudeau Scholar & Liu ScholarFaculty of Law, University of British Columbia

Canada-Israel Bi-National ForumMigration, Rights and Identities

30 May 2010, Ruppin Academic Center

Canadian Background

4 June 1969: Canada ratified 1951 Convention & 1967 Protocol

Immigration Act, 1976: 1st Canadian legislation to put refugee policy in statutory form Act contemplated both non-refoulement and

resettlement Both government resettlement and private

sponsorship included

Immigration and Refugee Protection Act, 2001

Bill C-11: Balanced Refugee Reform Act, 2010

History of Private Sponsorship

Pre-1976 informal private assistance from religious organizations Canadian Christian Council for the Resettlement

of Refugees, 1946

Lobbying for legislation predominantly from ethnic groups wanting to resettle refugees from the Soviet Union and Eastern Europe

Indochinese “boat-people” crisis merged with introduction of private sponsorship scheme

Private Sponsorship Structure

Outset: “Group of Five” or “Master Agreement”

Now: “Group of Five”; “Community Sponsor”; “Constituent Groups” (CGs) CGs are members of “Sponsorship Agreement

Holder” (SAH) organization ~ 85% of sponsors are CGs/SAHs. 87 SAHs as of 2007

Co-Sponsorship

Joint Assistance Program

Benefits of Private Sponsorship

Increases resettlement numbers

Voice and power to private citizens

Creates refugee advocacy community

Direct contact between refugees and community

Government indicator of support

Tensions

1. Shifting of Responsibility state -> private

2. Public Perceptions Canadian receptiveness resettlement vs. asylum genuine vs. false refugees

3. Selection Known vs. UNHCR refugees

Shifting Responsibility

Complementary objective

But:

Sponsor concern of bearing burden

Processing prioritizations

Gov’t taking credit

Future Promises

2009 CIC Annual Report: doubling of privately sponsored Iraqi refugees accepted over 5 yrs

2010 Press Release: 2,000 inc in Priv Spon #s

Sustainability?

“It remains to be seen whether the resource is renewable, like forests, or whether it more closely

resembles gold and, once again mined, is depleted”

Public Perceptions

1986: Canada awarded the Nansen Medal

1987: 7,437

1989: 21,631 (peak) 1989: 31% of Canadians felt that too many

refugees were admitted in 1989 by 1991 number jumped to 49%

Genuine vs. false refugees

Resettlement vs. asylum

Selection

Sponsor-referred (require approval) ~ 90-95% family/friends ~49% refusal rate (1998-2007)

Or

Visa office-referred (CIC approved) Less than 2% of PS (2002-2005)

Consequences of Sponsor-Referrals

Sustainable sponsorship (social capital)

vs. continued need

Program global & flexible

vs. regional gaps/ non-UNHCR refugees / high refusal rate

Refusal rate: drains resources / blurs protection

vs. better connected/informed than gov’t

Meeting in the Middle

JAS: non-financial sponsorship

Blended projects: ethnic support & protection need Project FOCUS Afghanistan Special 3/9 Sponsorship Pilot Program Anglican Primate 50 Refugee Families

Sponsorship Project

Population building strategy Winnipeg Private Refugee Assistance Program

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