Refugees in Canada
Who is a Refugee?
Refugees are people who are forced to leave their home country to seek protection in another country. The term "refugee" is commonly used to describe a person seeking protection from harm. However, the legal definition of a refugee (the definition that is used by countries to decide if they will offer protection to the individual) is narrower.
Most countries, including Canada, use the definition from the 1951 Geneva Convention relating to the status of refugees, commonly known as the "Refugee Convention".
- A refugee is a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country..."
- The 1951 Geneva Convention relating to the Status of Refugees
Limitations of the Definition
If we look closely, we see that the Refugee Convention definition of a refugee can be interpreted quite narrowly. It does not always adequately reflect today's reality. The Refugee Convention focuses on persecution aimed at the individual, not at groups of vulnerable people. According to the definition, a person fleeing from war or civil unrest is not a refugee, even if their life is in danger. Unless they are persecuted because of race, religion, nationality, membership in a particular social group or political opinion, they don't count as a "true" refugee.
Some governments have chosen to interpret the Convention as offering protection only to refugees fleeing persecution by government agents - even though the Convention does not explicitly say this. As a result, refugees fleeing from "non-state agents" - such as paramilitary groups or private individuals -- are denied protection.
Another serious limit of the Refugee Convention is the lack of explicit protection for women. The drafters of the Convention did not consider the different forms of discrimination and persecution aimed at women and men. The Convention says nothing about women fleeing societies that regulate and control women's lives, or fail to protect them from abusive situations. Canada was one of the first countries to recognize the unique forms of gender-based persecution experienced by women. Canada remains a world leader in this regard as many countries fail to recognize gender-based persecution.
Changes to the Definition
Although it has become evident over time that the 1951 Refugee Convention has serious limitations, it is unlikely to be amended in the near future. The current focus of many governments is a tighter control of migration, and if the refugee convention were opened up, it is likely any changes to the definition would be regressive.
Some regional bodies have tried to address gaps in refugee protection provided in the Convention. In 1969 the Organization for African Unity (OAU) and in 1984 the Organization of American States (OAS) extended their definition of refugee to those fleeing generalized violence.
Internally-Displaced Persons (IDPs)
A person becomes a refugee only when they cross an international border from their home country into another state. However, millions of people are displaced internally for many of the same reasons; war, environmental degradation, forced relocation. Someone who has been forced out of their home, but remains in their country of origin, is known as an "internally-displaced person." These people may face the same dangers as refugees, but are not classified as such until they cross an international border. The level of protection for such people is very low.
Non-Refoulement
The Convention imposes a major obligation on countries that have signed it- that of "non-refoulement." Non-refoulement means that no country may deport or expel a person to a country where that person faces persecution, or risk of serious human rights violations.
Amnesty International's Work on Refugee Protection
Amnesty International is guided in its work on refugee protection by the principle of non-refoulement. Anyone who can be reasonably expected to be in danger of imprisonment as a prisoner of conscience or be at risk of torture, execution or "disappearance" in their country should not be forced to return there.