Pakistan's faultlines have ruptured once again: President Musharraf has declared a state of emergency, suspending Pakistan's constitution and (for the second time this year) setting aside and replacing the chief justice of the Supreme Court (which was demonstrating some independence from the executive this year). Earlier this year Musharraf had arbitrarily suspended the former Chief Justice Iftikhar Mohammad Chaudhry, before reinstating him after massive civic protests.
Pakistan is currently ranked twelfth on the (unenviable) Failed States Index. Undoubtedly Pakistan will now likely crack the top ten. While there isn't a strong correlation between the failed states index and the top refugee source countries for Canada, my feeling is that Pakistan will once again be a major refugee source country for Canada.
Earlier refugee claim types varied depending on the current political climate in Pakistan. Most claimants were purported members of a number of political parties. Pakistan political parties all seem to be acronymically inclined, including the PPP (Pakistan's People Party), the PML (the Pakistan Muslim League, later splintering into PML-N and PML-Q), the MQM (the Muttahida Qaumi Movement), the JKLF, and members of minorities subject to Pakistan's blasphemy (Hudood) laws, such as the Shiites and Ahmadiyya.
There are serious issues in accepting refugee claims from members of Pakistan's free-for-all, anything goes, violence prone 'political parties'. Once a claim is deemed eligible to be referred to the Immigration and Refugee Board, the claim could either succeed, or, even if it is refused, removal could take years (and even over a decade).
This year, supporters of the former chief Justice were massacred by members of the pro-government ethnic based MQM (Mutahida Qaumi Movement) party while Pakistan's security forces stood by and watched. There is credible evidence that the MQM has repeatedly engaged in acts of violence and terror.
Hundreds of refugee claimants claiming persecution as members of the MQM party were successful and were granted refugee status in Canada. There are now attempts by the government to strip them of that status and remove them from Canada, but removal is a slow and arduous process. Removal is predicated on section 34(1)(f) of the Immigration and Refugee Protection Act (as the refugee claimants are inadmissible to Canada as members of an organization that has engaged in acts of terrorism). Of note is that the MQM is not listed as a terrorist organization by the US Department of State, nor is it listed as a designated entity by Public Safety Canada.
How does Canada balance its humanitarian tradition and international obligations to refugees with security?
One way is to create greater efficiencies in the refugee determination system. The CBSA has been successful in a number of cases in finding MQM 'refugees' as inadmissible to Canada. However, inadmissibility should be ascertained prior to a determination by the refugee protection division. Once information is received that could render an individual inadmissible to Canada, the refugee claim ought to be 'clawed back' by CIC for an admissibility hearing. If this occurs before the refugee hearing (which is taking about 14 months from the date of referral), such an individual could be removed from Canada in a year, rather than a decade.
In any event, Pakistan's faultlines will continue to have far reaching repercussions for Canada. It's imperative that the department of Public Safety Canada, Citizenship and Immigration Canada, and the Refugee Protection Division work together to strike the appropriate balance between safeguarding genuine refugees and diligently enforcing Canada's existing laws to safeguard the integrity of the immigration and refugee determination system.
** Note the above article was published in the Calgary Herald on Wednesday, November 7, 2007
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