Tag Archives: immigrants

Dehumanization: Archaic Immigration Policies Against Individuals with Disabilities

by Shiva Ivaturi


Introduction

Discrimination against individuals with disabilities is one of the most invisible forms of discrimination and takes place across societies, particularly countries that have publicly advocated for how open and transparent their immigration policies are. When learning about cruel injustices where families have been torn apart and individuals that are valuable, contributing members of society have faced the threat of deportation based on health, the same countries that are touted as progressive emblems for healthcare equity have significant room to
improve. I have highlighted cases in Canada, Australia, and New Zealand to outline not only how outdated these immigration policies are, but how they fundamentally digress from the more equitable path that society is emphasizing in healthcare today yet are still being implemented.

New Zealand

Just last year in 2022, in New Zealand, a 12-year-old autistic girl from the Philippines was barred from moving to the country with her parents because of immigration policies that reject people with disabilities or illnesses that may present a high cost to the health system (McClure, 2022). The country sets a limit on an immigrant’s cost to the health system and excludes people with a number of “high-cost” conditions, including physical disability, intellectual disability, autistic spectrum disorders, brain injury, multiple sclerosis, and cancers (McClure, 2022). Arianna’s applications to come to New Zealand have been denied thus far, leaving her in the Philippines for the past six years while her parents have lived in New Zealand (McClure, 2022). The case is one of hundreds rejected under New Zealand’s rules. Juliana Carvalho was initially rejected on similar grounds in New Zealand, citing her lupus and paraplegia as concerns to the health care system (McClure, 2022). Carvalho spent seven years challenging the decision, and while the government granted her an exception to be able to stay in the country, there was no fundamental decision to eradicate the policy that resulted in this discrimination taking place to begin with.

Canada

In Canada, a policy known as “medical inadmissibility” due to excessive demand allows the government to deny residency to an entire family if even one person in the group has a disability or medical condition that could place “excessive demand” on Canada’s publicly funded health
and social service systems (Blackwell, 2015). In 2015, Asmeeta Burra, a physician in South Africa, and her architect husband had applied to be permanent residents in Canada, planning to settle in British Columbia. However, her son’s autism triggered a medical assessment that concluded the cost of special education for the boy would total about $16,000 a year, which exceeds the annually adjusted average social and medical cost for Canadians, currently about $6,300 (Blackwell, 2015). Immigration officials rejected Dr. Burra’s submission, which led to the denial of the family’s application (Blackwell, 2015). The Canadian government has since made some changes to its immigration rules in 2018, including amending the definition of social services and increasing the cost threshold at which an application for permanent residency can be denied on medical grounds (Fries, 2019). The Council of Canadians with Disabilities has called for the full repeal of the medical inadmissibility regulations, which it sees as discriminatory (Fries, 2019). Moreover, the revised rules have been labeled as only “timid moves” by some activists, such as James Hicks, the national director of the Council of Canadians with Disabilities (Fries, 2019).

Australia
Seongjae was born in Australia and has lived there his whole life, but his family’s application for permanent residency under the Regional Sponsored Migration Scheme was rejected in July 2021 due to Seongjae’s medical issues (Chapman, 2022). He lost his hearing when he was two years
old and was diagnosed with autism at two-and-a-half. Although he regained his hearing after ear surgery at age four, the government still deemed him a burden on taxpayers and a threat to public health and safety (Chapman, 2022). Unfortunately, the case of Seongjae is not unique. In 2015,
Maria Sevilla, a nurse who had lived in Townsville, Queensland for eight years, had her skilled visa rejected because her ten-year-old son Tyrone was diagnosed with autism. The government eventually intervened to grant her son a permanent visa, but the migration regulations remained in place (Chapman, 2022). The National Ethnic Disability Alliance reported in 2018 that it saw 10 to 15 cases of families facing deportation every year due to these health requirements, but there are potentially many more (Chapman, 2022). A 2010 parliamentary inquiry that found the health requirement discriminatory to people with disabilities and in need of urgent reform (Truu, 2019). Dr Abdi, an officer at the Ethnic Disability Advocacy Centre in Western Australia, believes the health requirement is a “punishment for a person with a disability” and their family. The health requirement does not consider an applicant’s potential contributions to society (Truu, 2019).

Conclusion

These cases demonstrate the discriminatory policies and practices of countries that prioritize cost savings over the lives and wellbeing of people with disabilities and medical conditions. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognizes the inherent dignity of all persons with disabilities and promotes their full and equal participation in society. It also emphasizes that persons with disabilities should not be discriminated against based on their disability, including in the provision of healthcare and social services. Countries like New Zealand, Canada, and Australia are obligated to uphold the principles of the CRPD and ensure that individuals with disabilities and medical conditions are not discriminated against in the immigration process. The policies and practices of these countries must be reformed to remove the discriminatory barriers that prevent individuals with disabilities and medical conditions from accessing care as well as the right to work and live in a place.

In conclusion, the cases of Arianna, Juliana, Asmeeta, Seongjae, and others highlight the urgent need for reform in immigration policies that discriminate against individuals with disabilities and medical conditions. These policies and practices violate the principles of the CRPD and
perpetuate systemic discrimination against people with disabilities. It is imperative that governments take action to reform their immigration policies and ensure that all individuals are treated with the dignity and respect they deserve.


Works Cited

Blackwell, T. (2015, January 12). South African doctor’s immigration bid rejected because her autistic … National Post. Retrieved April 1, 2023, from
https://nationalpost.com/news/canada/judge-upholds-decision-denying-entry-to-south-african-
doctor-because-her-autistic-child-would-cost-taxpayers-too-much

Chapman, E. (2022, December 29). Australia: Korean family threatened with deportation because son has autism. World Socialist Web Site. Retrieved April 1, 2023, from https://www.wsws.org/en/articles/2022/12/30/azkd-d30.html

Fries, K. (2019, April 19). How we can make the world a better place for immigrants with disabilities. Quartz. Retrieved April 1, 2023, from https://qz.com/1600200/why-disabled-
immigrants-are-one-of-the-most-invisible-populations

McClure, T. (2022, April 26). New Zealand denies entry to autistic daughter of immigrant couple. The Guardian. Retrieved April 1, 2023, from
https://www.theguardian.com/world/2022/apr/26/new-zealand-denies-entry-to-autistic-daughter-of-immigrant-couple

Truu, M. (2019, May 16). More than 15 families a year face deportation because of one relative’s disabilities. SBS News. Retrieved April 1, 2023, from
https://www.sbs.com.au/news/article/more-than-15-families-a-year-face-deportation-because-of-one-relatives-disabilities/v77mmuvyt

“Humanitarian Exceptionalism” and the Failure of Imagination in the Progress of Human Rights in Canada

by Hero Aiken

In their book, Refugee States: Critical Refugee Studies in Canada, Vinh Nguyen and Thy Phu describe the concept of Canadian “humanitarian exceptionalism” in some detail. They describe it as “a belief that what sets Canada apart from the US and other nation-states is its distinct benevolence and commitment to human rights” (Nguyen and Phu, 3). As a result of this belief, Canadians may think themselves morally superior to inhabitants of other nations, especially the United States. In fact, a 2016 survey from the Angus Reid institute found that only 15% of Canadians considered the United States to be a “caring society” (Canada Guide). In other words, it seems clear that Canadian society both prides itself on its perceived humanitarian excellence, while also defining itself through its ethical superiority in comparison to other nations. This means that Canadian society, as well as individual Canadians, may feel less pressure or duty to investigate the human rights conditions in our own country and brought about by our government’s policies. “As long as we aren’t as ‘bad’ as the United States”, we reason, “can we really be all that ‘bad’”?


I would argue that this is not only lazy but an irresponsible and dangerous view to take on the protection of human rights in Canada. Why, if we view the United States to be so thoroughly disrespectful of human rights, can we not imagine an instance in which we might surpass their moral standards, but still fail to demonstrate humanitarian efforts of which we can be proud? Surely, if Canadians can so unanimously condemn the human rights violations which we have recently witnessed in the United States, we can muster a more rigorous and objective scale with which to measure our own actions. Unfortunately, the abdication of moral appraisal in favour of an assumed humanitarian supremacy over a handful of conveniently placed international rivals cannot be seen as anything other than a failure in the advancement of universal human rights.


Last year, while writing for Amnesty International U of T’s Candlelight blog, I submitted a piece highlighting the discrepancies between Canada’s benevolent image on the international scene and the difficult realities faced by its unhoused population. This year, I’d like to elaborate on this same theme while turning my attention towards the plight of refugees seeking asylum in Canada. This in the context of the trap set by the idea of “humanitarian exceptionalism”.

In the wake of Donald Trump’s infamous policies regarding the treatment of refugees or migrants seeking entrance into the United States, it perhaps became easier in recent years for Canadians to ignore the mistreatment of refugees by our own government. In a joint report released on World Refugee Day in 2021, Amnesty International and Human Rights Watch declared that “Canada incarcerates thousands of people, including those with disabilities, on immigration-related ground every year in often abusive conditions” (Human Rights Watch). However, when
compared to the more conspicuous abuses carried out by United States Immigration and Customs Enforcement (I.C.E.) agents during President Trump’s tenure, Canada’s mistreatment of immigrants and refugees has tended to fade into the background of our national consciousness. In 2017, Reuters reported that the Trump administration was considering the separation of Mexican children from their mothers upon “illegally” crossing the border into the United States (Reuters). The following year, the United States Department of Homeland Security (D.H.S.) publicly admitted for the first time to having separated 2 000 children from their parents as they
crossed the border into the United States from Mexico (CNN). Faced with this abhorrent example of human rights abuse, it became easy for Canadians to cease the examination of our own systemic mistreatment of immigrants and refugees. I would argue that much of the energy which would have previously been spent on the promotion of the amelioration of Canada’s humanitarian measures in these areas instead became focused on the derision of the United States’ methods. This is clearly detrimental to the progress of human rights in Canada, and is also only one example among many. As long as Canada continues to measure the morality of our humanitarian efforts in relation to the often gross human rights abuses levied by American institutions, we will be wasting energy and resources which could be better spent on the questioning and bettering of our own systems.

Finally, I would indicate that this is not an outright condemnation of Canada’s efforts in the realm of human rights. According to the Fraser Institute’s 2022 Human Rights Index, Canada ranks 13th highest among the nations of the world (Fraser Institute). This is above the United States, and other wealthy nations such as the United Kingdom and France. Instead, this article is meant to denounce the idea that human rights efforts can be reduced to the ways in which they compare to each other. Human rights efforts, whether they concern the treatment of vulnerable populations such as the unhoused and those seeking asylum as refugees, or whether they concern the status of marginalized populations such as racial or sexual
minorities, are inherently indicative of the ways in which we value the lives of our fellow humans. Is this pursuit not worthy of being measured in ways which transcend the petty temptation to comparison? If Canada wants to build a nation truly worthy of being deemed “exceptional” for its humanitarian pursuits, we ought to create an independent standard by which to measure our human rights efforts. If we seek “humanitarian exceptionalism” in the truest sense of the word, why do we lower ourselves to the standards of those nations we so readily condemn? The myth of “humanitarian exceptionalism” in Canada not only spells disaster for the progress of human rights in Canada, it also demonstrates a lack of imagination and belief in the true humanitarian potential of our nation.

Works Cited


Ainsley, Julia Edwards. “Exclusive: Trump Administration Considering
Separating Women, Children at Mexico Border.” Reuters, Thomson
Reuters, 3 Mar. 2017, https://www.reuters.com/article/us-usa-immigration-children-idUSKBN16A2ES.

“Anti-Americanism.” The Canada Guide, 17 Nov. 2020, https://thecanadaguide.com/culture/anti-americanism/.


“Canada: Abuse, Discrimination in Immigration Detention.” Human Rights
Watch
, 20 July 2021, https://www.hrw.org/news/2021/06/17/canada-abuse-
discrimination-immigration-detention.


“Family Separation – a Timeline.” Southern Poverty Law Center, 23 Mar. 2022, https://www.splcenter.org/news/2022/03/23/family-separation-timeline#2017.

“Human Freedom Index 2022.” Fraser Institute, 26 Jan. 2023,
https://www.fraserinstitute.org/studies/human-freedom-index-2022#:~:tex
t=Selected%20jurisdictions%20rank%20as%20follows,)%2C%20China
%20(152)%2C.

Kopan, Tal. “DHS: 2,000 Children Separated from Parents at Border | CNN
Politics.” CNN, Cable News Network, 16 June 2018,
https://www.cnn.com/2018/06/15/politics/dhs-family-separation-numbers/
index.html.

Nguyen, Vinh and Thy Phu. Refugee States: Critical Refugee Studies in
Canada
. University of Toronto Press, 2021.

Refoulement: Europe Funds Migrant Capture and Detention in Libya

by Jenna Barhoush

The supposed synonymity of the word migration with mobility could not be more incorrectly reflected in the realities of 21st century migration. Instead, with migration come threats of humiliating immobility. People escape their unsafe conditions of oppression, war, and poverty and undergo a treacherous path with the hopes of reaching Europe’s promises of safety, opportunity, and equality. Yet, while European countries provide such promises for their citizens, their securities are not extended to migrants and asylum seekers from outside the continent. Instead, the European Union is involved in the process of refoulement – the return of migrants to unsafe places – by funding migration detention centres and surveillance in Libya, and by convicting volunteer refugee rescuers for crimes of human trafficking.

The refugee ‘problem’ develops from situations of nation-wide violence or oppression that make a country uninhabitable for most people. This has been the case in Syria, Iraq, Afghanistan, and Eritrea in the past two decades, as the countries’ growing insecurities and oppression contributed to a large exodus of refugees. One Syrian claimed that leaving the house to go to school in the morning was preceded with a daily farewell to family members as survival until the end of the day was not guaranteed (Mardini, 2020). While the rate of lives lost accelerate, those who survive the daily onslaught of war are faced with unending insecurities and oppressive conditions. Basic necessities become scarce and incomes nonexistent for many as facilities are destroyed, and production and import halted (McCarthy, 2022). Seeking refuge in other countries thus becomes the only escape for many. Jordan became a popular asylum for many refugees due to its close proximity to the war-stricken countries and its open borders. Yet the country’s own deteriorating economic conditions meant that minimal securities were all it had to offer to the refugees (Francis, 2015). Its structural stresses and overpopulation of refugees led Jordan to increase regularization which in turn led potential migrants to seek other countries for refuge.

Thus, in 2015, refugees from Syria, Eritrea, Afghanistan and Iraq headed towards Europe. Europe’s migration policy was based on the 1951 Geneva Convention on the Protection of the Refugees, and it stipulated a distributed responsibility for the protection of refugees upon entry to European territory (European Commission). This meant that once an individual seeking asylum enters European land or water, their human rights should be met and protection secured.

However, following the 2015 refugee influx, also known as the Europe Migrant Crisis, the policy proved to be more strenuous than not. Countries that had recently opened their doors to refugees, such as Italy in its 2014 search-and-rescue program Operation Mare Nostrum, took a different turn following the migrant crisis (Urbina, 2021). Poland and Hungary completely shut off their doors to migrants, and shoreline countries such as Italy, Spain, Greece, and Malta began turning away migrant boats. Yet as public protest became global with the uncovering of the conditions refugees underwent on their way to Europe, governments could not be as blatant with their policies. Rather than contributing to direct refoulement, Europe began seeking ways to prevent migrants from even getting near to its shores. Two strategies were pursued: funding the capture of migrants in international waters, and ending the process of rescuing migrants from sea.

The former strategy was assisted by the European Union Trust Fund of Africa. Under the guise of addressing the root causes of political instability and displacement in Africa, the Trust Fund allocated 6 billion dollars to migration control (European Commission). Libya alone received half a billion dollars to capture illegal migrants heading to European shores. The year also highlighted the works of Frontex, the EU’s border agency responsible for coastal surveillance. Frontex was provided with resources that included surveillance drones to track migrant boats in both domestic and international waters in the Mediterranean (Urbina, 2021). Upon discovering migrant boats and dinghies, surveillance footage would be sent to Italy which would then signal Libyan coast guards to intercept the migrants. According to an Amnesty International report, around 15,000 people were intercepted at sea and taken to Libya in the first few months of 2021 (2021). European money taints the entire procedure starting with its funding of Frontex’s surveillance, to the training of the Libyan Coast Guard in migrant capture, and ending with the vehicles used to transport migrants from the seas to detention camps in Libya. In addition, a 2008 Treaty of Friendship between Libya and Italy formalized their cooperation in the containment and capture of migrants (Amnesty International, 2021). Italy would return those crossing central Mediterranean, and Libya would punish and detain them.

Upon capture, migrants are taken to detention camps in Ghout al-Shaal where gross human rights violations are carried out. People lie in overcrowded warehouses with poor ventilation and no sanitation (Urbina, 2021). Reports indicate the constant threat of individuals being singled out for physical torture and/or sexual assault (Amnesty International, 2021). Migrants are punished for assumed treachery and espionage, and their lack of cooperation with their oppressors leads to their assault. In the rare scenario where rebellions are successful, the authorities have been reported to conduct raids in shelters used by escaped migrants. HRW reports that on October 1, 5,152 people were arrested, 1 man killed and 15 injured (Roth, 2021). Reporters who attempt to contact prisoners are themselves detained and sometimes tortured under convictions of espionage.

Libyan law also allows for the indefinite detainment of unauthorized foreigners and their use for unpaid labor (Amnesty International, 2021). The migrants are stripped of their human rights as they enter an unending cycle of dehumanizing torture and enslavement with little to no hope for escape. Disappeared individuals are forced to work in factories or in the military indefinitely. Enforced disappearances allow for human rights violations to be conducted in detention centres with no accountability as individuals are erased, detention centres hidden, and violators protected from identification.

The second strategy of indirect refoulement adopted by Europe is the prevention of rescue operations in European waters. When migrants do escape Libyan Coast Guard and manage to enter European waters, calls for help are unheard. Migrants attempting to signal the coast guard are either ignored or are told to turn back. EU states withdrew naval assets from the central Mediterranean to avoid any chance encounters with migrant boats (Urbina, 2021). In the rare scenario where such an encounter does occur, migrants report to being passed by.

Non-state search-and-rescue operations and organizations have been continuously targeted by European states and reduced to powerless existence as they lose their abilities to actually help boats in distress. In 2018, volunteers working on the shores of Greece to provide blankets and water bottles to oncoming migrants were detained and persecuted under the false convictions of human trafficking and espionage (Cossé and Esveld, 2023). Sarah Mardini, a former Syrian refugee of whom the new Netflix movie Swimmers is partly based on, was held and detained in a Greek prison for over 100 days and is currently awaiting trial. Mardini, alongside fellow volunteer Sean Binder, face a sentence of up to 25 years for volunteering in the aid of migrants. In a Ted Talk interview with Odedre Mardini recounted the mental abuse and trauma she encountered in prison (2020). The conviction of volunteers and search-and-rescue organizations prevents any potential for migrant rescue whether that be in the sea or on the shores of Greece. It insinuates in potential volunteers and donors the fear of similar prosecution. Migrants have also become more vulnerable to the heinous consequences of refoulement as there is no longer anyone that can protect them.

The resentment of migrants is becoming more vocalized in Europe with growing accusations of migrants stealing jobs, threatening the safety of individuals, and tainting the European national and ethnic identities. It is thus necessary to point out here that Europe’s current prosperous conditions are tied to the juxtaposed insecurities in the war stricken countries. Firstly, the legacies of European colonialism that have created a perpetual cycle of detriment and exploitation in the global South have funded the parallel wealth and ‘development’ of Europe itself (Tusalem, 2016). Secondly, as indicated by the Treaty of Friendship and the African Fund, current European ties to the global South support oppression. After contributing to the dangerous conditions forcing people to migrate, the least European countries can now do is to protect refugees.

Accordingly, Europe should take responsibility for refoulement and provide compensation for its colonial legacies. This requires the deterring of ties with Libya and creating a more robust system of accountability and transparency for search-and-rescue operations. Only then will migration return to its synonymous equivalent of mobility and movement and be rid of its inappropriate association with life-threatening immobility.

Write for Rights – Sarah Mardini and Sean Binder: https://takeaction.amnesty.ca/page/50419/action/1?locale=en-US

Works Cited

Amnesty International. (2021). Libya: Horrific violations in detention highlight Europe’s shameful role in forced returns. Amnesty International. https://www.amnesty.org/en/latest/press-release/ 2021/07/libya-horrific-violations-in-detention-highlight-europes-shameful-role-in-forced-returns/

Cossé, E., Esveld, B.V. (2023). Sea Rescuers Still Waiting for Justice in Greece. Human Rights Watch. https://www.hrw.org/news/2023/01/16/sea-rescuers-still-waiting-justice-greece

European Commission. Common European Asylum System. Migration and Home Affairs. European Commission. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/ common-european-asylum-system_en

Francis, A. (2015). Jordan’s Refugee Crisis. Carnegie Endowment for International Peace. https://carnegieendowment.org/2015/09/21/jordan-s-refugee-crisis-pub-61338

Mardini, S. Interviewed by Odedre, K. (2020). How I was arrested for handing out blankets to refugees | Sarah Mardini. TEDxLondonWomen.

McCarthy, J. (2022). How War Fuels Poverty. Global Citizen.

Roth, K. (2021). Libya. Human Rights Watch. https://www.hrw.org/world-report/2022/country-chapters/ libya#13d8c3

Spindler, W. (2015). 2015: The year of Europe’s refugee crisis. The UN Refugee Agency. https://www.unhcr.org/news/stories/2015/12/56ec1ebde/2015-year-europes-refugee-crisis.html

Tusalem, R. F. (2016). The Colonial Foundations of State Fragility and Failure. Polity, 48(4), 445–495. http://www.jstor.org/stable/26358277

United Nations Convention Relating to the Status of Refugees (1951). https://www.unhcr.org/ 4ca34be29.pdf

Urbina, I. (2021). The Secretive Prisons That Keep Migrants Out of Europe. The New Yorker. https://www.newyorker.com/magazine/2021/12/06/the-secretive-libyan-prisons-that-keep-migrantsout-of-europe 

The former strategy was assisted by the European Union Trust Fund of Africa. Under the
guise of addressing the root causes of political instability and displacement in Africa, the Trust
Fund allocated 6 billion dollars to migration control (European Commission). Libya alone
received half a billion dollars to capture illegal migrants heading to European shores. The year
also highlighted the works of Frontex, the EU’s border agency responsible for coastal
surveillance. Frontex was provided with resources that included surveillance drones to track
migrant boats in both domestic and international waters in the Mediterranean (Urbina, 2021).
Upon discovering migrant boats and dinghies, surveillance footage would be sent to Italy which
would then signal Libyan coast guards to intercept the migrants. According to an Amnesty
International report, around 15,000 people were intercepted at sea and taken to Libya in the first
few months of 2021 (2021). European money taints the entire procedure starting with its funding
of Frontex’s surveillance, to the training of the Libyan Coast Guard in migrant capture, and
ending with the vehicles used to transport migrants from the seas to detention camps in Libya. In
addition, a 2008 Treaty of Friendship between Libya and Italy formalized their cooperation in the
containment and capture of migrants (Amnesty International, 2021). Italy would return those
crossing central Mediterranean, and Libya would punish and detain them.
Upon capture, migrants are taken to detention camps in Ghout al-Shaal where gross
human rights violations are carried out. People lie in overcrowded warehouses with poor
ventilation and no sanitation (Urbina, 2021). Reports indicate the constant threat of individuals
being singled out for physical torture and/or sexual assault (Amnesty International, 2021).
Migrants are punished for assumed treachery and espionage, and their lack of cooperation with
their oppressors leads to their assault. In the rare scenario where rebellions are successful, the
authorities have been reported to conduct raids in shelters used by escaped migrants. HRW
reports that on October 1, 5,152 people were arrested, 1 man killed and 15 injured (Roth, 2021).
Reporters who attempt to contact prisoners are themselves detained and sometimes tortured
under convictions of espionage.
Libyan law also allows for the indefinite detainment of unauthorized foreigners and their
use for unpaid labor (Amnesty International, 2021). The migrants are stripped of their human
rights as they enter an unending cycle of dehumanizing torture and enslavement with little to no
hope for escape. Disappeared individuals are forced to work in factories or in the military
indefinitely. Enforced disappearances allow for human rights violations to be conducted in
detention centres with no accountability as individuals are erased, detention centres hidden, and
violators protected from identification.
The second strategy of indirect refoulement adopted by Europe is the prevention of
rescue operations in European waters. When migrants do escape Libyan Coast Guard and
manage to enter European waters, calls for help are unheard. Migrants attempting to signal the
coast guard are either ignored or are told to turn back. EU states withdrew naval assets from the
central Mediterranean to avoid any chance encounters with migrant boats (Urbina, 2021). In the
rare scenario where such an encounter does occur, migrants report to being passed by.
Non-state search-and-rescue operations and organizations have been continuously
targeted by European states and reduced to powerless existence as they lose their abilities to
actually help boats in distress. In 2018, volunteers working on the shores of Greece to provide blankets and water bottles to oncoming migrants were detained and persecuted under the false
convictions of human trafficking and espionage (Cossé and Esveld, 2023). Sarah Mardini, a
former Syrian refugee of whom the new Netflix movie Swimmers is partly based on, was held
and detained in a Greek prison for over 100 days and is currently awaiting trial. Mardini,
alongside fellow volunteer Sean Binder, face a sentence of up to 25 years for volunteering in the
aid of migrants. In a Ted Talk interview with Odedre Mardini recounted the mental abuse and
trauma she encountered in prison (2020). The conviction of volunteers and search-and-rescue
organizations prevents any potential for migrant rescue whether that be in the sea or on the
shores of Greece. It insinuates in potential volunteers and donors the fear of similar prosecution.
Migrants have also become more vulnerable to the heinous consequences of refoulement as there
is no longer anyone that can protect them.
The resentment of migrants is becoming more vocalized in Europe with growing
accusations of migrants stealing jobs, threatening the safety of individuals, and tainting the
European national and ethnic identities. It is thus necessary to point out here that Europe’s
current prosperous conditions are tied to the juxtaposed insecurities in the war stricken countries.
Firstly, the legacies of European colonialism that have created a perpetual cycle of detriment and
exploitation in the global South have funded the parallel wealth and ‘development’ of Europe
itself (Tusalem, 2016). Secondly, as indicated by the Treaty of Friendship and the African Fund,
current European ties to the global South support oppression. After contributing to the dangerous
conditions forcing people to migrate, the least European countries can now do is to protect
refugees.
Accordingly, Europe should take responsibility for refoulement and provide
compensation for its colonial legacies. This requires the deterring of ties with Libya and creating
a more robust system of accountability and transparency for search-and-rescue operations. Only
then will migration return to its synonymous equivalent of mobility and movement and be rid of
its inappropriate association with life-threatening immobility.
Write for Rights – Sarah Mardini and Sean Binder:
https://takeaction.amnesty.ca/page/50419/action/1?locale=en-US Works cited:
Amnesty International. (2021). Libya: Horrific violations in detention highlight Europe’s
shameful role in forced returns. Amnesty International. https://www.amnesty.org/en/latest/press-
release/2021/07/libya-horrific-violations-in-detention-highlight-europes-shameful-role-in-forced-
returns/
Cossé, E., Esveld, B.V. (2023). Sea Rescuers Still Waiting for Justice in Greece. Human Rights
Watch. https://www.hrw.org/news/2023/01/16/sea-rescuers-still-waiting-justice-greece
European Commission. Common European Asylum System. Migration and Home Affairs.
European Commission. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/
common-european-asylum-system_en
Francis, A. (2015). Jordan’s Refugee Crisis. Carnegie Endowment for International Peace.
https://carnegieendowment.org/2015/09/21/jordan-s-refugee-crisis-pub-61338
Mardini, S. Interviewed by Odedre, K. (2020). How I was arrested for handing out blankets to
refugees | Sarah Mardini. TEDxLondonWomen.
McCarthy, J. (2022). How War Fuels Poverty. Global Citizen.
Roth, K. (2021). Libya. Human Rights Watch. https://www.hrw.org/world-report/2022/country-
chapters/libya#13d8c3
Spindler, W. (2015). 2015: The year of Europe’s refugee crisis. The UN Refugee Agency. https://
www.unhcr.org/news/stories/2015/12/56ec1ebde/2015-year-europes-refugee-crisis.html
Tusalem, R. F. (2016). The Colonial Foundations of State Fragility and Failure. Polity, 48(4),
445–495. http://www.jstor.org/stable/26358277
United Nations Convention Relating to the Status of Refugees (1951). https://www.unhcr.org/
4ca34be29.pdf
Urbina, I. (2021). The Secretive Prisons That Keep Migrants Out of Europe. The New Yorker.
https://www.newyorker.com/magazine/2021/12/06/the-secretive-libyan-prisons-that-keep-
migrants-out-of-europe

Crimes of Humanity

by Saba Brittain

On the 10th of January of 2023, the trial of 24 individuals involved in volunteering humanitarian assistance to migrants on the shores of Greece began (Kennedy 2023). This trial appears to follow the trend of European authorities targeting humanitarian workers to discourage solidarity with migrants and deter the arrival of refugees to Europe (Kennedy 2023).

The defendants face serious charges for their work at the Emergency Response Centre International (ERCI), a Greek non-profit organisation that provides emergency aid in dangerous environments. Operating on the Greek island of Lesbos, the “crimes” committed at the ERCI include assisting people whose lives are at risk, searching and rescuing migrant boats in distress, assisting migrant boats on the shoreline (Kitsantonis 2023).

The defendants are accused of facilitating illegal migration to Europe, these accusations have drawn widespread criticism among international human rights organizations. Their charges include espionage, forgery, involvement in a criminal organization, people-smuggling, money laundering and other “farcical” accusations according to Amnesty International (Kitsantonis 2023).

The accusations of espionage condemn the defendants’ initiatives of monitoring local radio channels to learn the whereabouts of migrant boats in distress. (Smith, 2023). The money-laundering allegations incriminate fundraising efforts for the ERCI organization (Smith 2023).

“I am not a people smuggler”, says Sarah Mardini during an interview with BBC, a human rights activist accused of criminal activity and people smuggling following her lifesaving work at the Emergency Response Centre International (BBC 2018). She is one of the 24 defendants on trial and is herself a refugee from Syria (BBC 2018).

A European Parliament report has described this trial as the “largest case of criminalization of solidarity in Europe” (Aljazeera 2023). Many other critiques have suggested this trial is indicative of the efforts to discourage the work of migrant rights defenders and organizations, and deter refugees from coming to Europe (Amnesty International 2022). Simply put, the compassion and solidarity driving the action of the volunteers has been weaponized and criminalized (Amnesty International 2022).

In addition to creating a hostile and insecure environment for human rights volunteers showing solidarity to migrants, this trial delays the work of the ERCI organization. A UN human rights expert suggested that a guilty verdict for the defendants could lead to more migrant deaths at sea (OHCHR 2021). Along with this trial in Greece, several other prosecutions have been set in motion across Europe against NGOs and individuals. Considering the thousands of migrant deaths at sea every year, the effects of these sorts of trials must not be overlooked. Many are calling upon Greek prosecutors to drop all charges against the 24 individuals. (Amnesty International 2022).

Works Cited

“Greece: Guilty Verdict for Migrant Rights Defenders Could Mean More Deaths at Sea – UN Expert.” OHCHR, 18 Nov. 2021, www.ohchr.org/en/press-releases/2022/01/greece-guilty-verdict-migrant-rights-defenders-could-mean-more-deaths-sea-un.

“Greece: Migrant Rescue Trial to Begin.” Human Rights Watch, 22 Dec. 2022, www.hrw.org/news/2022/12/22/greece-migrant-rescue-trial-begin.

“Solidarity on Trial in Europe.” Amnesty International, 6 May 2022, www.amnesty.org/en/latest/campaigns/2020/03/free-to-help/.

Al Jazeera. “Drop All Charges against Refugee Aid Workers, UN Tells Greece.” Migration News | Al Jazeera, Al Jazeera, 13 Jan. 2023, www.aljazeera.com/news/2023/1/13/un-asks-greece-drop-charges-in-syrian-migrant-rescuer-trial.

Kennedy, Niamh. “They Saved Refugees Stranded at Sea. Now They’re on Trial.” CNN, Cable News Network, 10 Jan. 2023, www.cnn.com/2023/01/10/europe/migrant-aid-workers-mardini-binder-trial-intl/index.html.

Kitsantonis, Niki. “Greece Opens Espionage Trial of Aid Workers Who Helped Migrants.” The New York Times, The New York Times, 10 Jan. 2023, www.nytimes.com/2023/01/10/world/europe/greece-trial-migrants.html?searchResultPosition=1.

Smith, Helen. “Long-Awaited Trial of 24 Aid Workers Accused of Espionage Starts in Lesbos.” The Guardian, Guardian News and Media, 13 Jan. 2023, www.theguardian.com/global-development/2023/jan/13/long-awaited-trial-of-24-aid-workers-accused-of-espionage-starts-in-lesbos.

Canada’s Abuse of Immigrants

By: Tia DeRuiter

In July of 2020, the Federal Court of Canada passed a ruling that withdrew Canada
from their participation within the Safe Third Country Agreement (STCA) (Canadian Council
for Refugees [CCR], 2020). An agreement which legalized the transfer of refugees back to
whatever “safe” country they landed in first, either Canada or the United States (Government
of Canada). The proposed withdrawal from this agreement was brought forth on the grounds
of the egregious conditions in which the United States treated those who were sent back from
Canada, including arbitrary imprisonment, psychological abuse, and extreme human rights
abuses (CCR, 2020). The court justified their decision to leave the STCA because of the
United States clear and appalling violations of section 7 of the Canadian Charter of Rights
and Freedoms (CCR, 2020). The section in which gives all persons the equal right to security
and liberty, a right infringed upon by the erroneous treatment of refugees in the U.S. (CCR,
2020).

Almost one year later, in June of 2021, Human Rights Watch (HRW) and Amnesty
International (AI) released a report detailing the appalling treatment of immigrants in Canada,
those in which are remarkably similar to the conditions for which Canada left the STCA
(Gros et al., 2021). According to this report, Canada imprisons thousands of people a year on
immigration related charges, often involving abusive behaviour (Gros et al., 2021). Not only
are the reasons for which these immigrants are detained not disclosed or arbitrary, but their
release dates are kept from them as well (Gros et al., 2021). During their imprisonment,
immigrant detainees face some of the most putative measures, including being housed in
maximum security prisons, and emplaced into solitary confinement, finding that these
conditions were even harsher for Black immigrants, and those with psychosocial disabilities
(Gros et al., 2021). These abuses have had devastatingly severe impacts on the mental health
of these immigrants, often resulting in feelings of hopelessness, failure, and sometimes
suicide (Gros et al., 2021).

It is not difficult to draw the parallels between this abuse, arbitrary detainment, and
human rights violations, that not less than a year ago Canada’s courts denounced the United
States for (CCR, 2020). Both HRW and AI hold that something must be done to eradicate
these atrocious conditions and treatment (Gros et al., 2021). A report done in 2016, in
conjunction with the University of Toronto, AI, and many other organizations, provided
suggestions for eliminating these abuses (Muscati, 2016). Including, but not limited to,
establishing an independent body to which the Canadian Border Patrol Service Agency
(CBSA) is held accountable, modifying existing laws and regulations, imposing requirements
to access of essential services for both physical and mental health, and increasing funding to
find safe, healthy, and adequate housing for immigration detainees (Muscati, 2016). Since
this, both the CBSA and the Immigration and Refugee Board of Canada have responded,
declaring their intentions to look further into this issue, but action has yet to be seen
(Ossowski, 2021; Wex, 2021). While Canada may never change their approach to this issue,
there is hope through advocacy by AI, HRW, and institutions like UofT, that there will be
amendments in the future.

Image Attribution: hrw.org, via Getty Images