September 11 - A global human rights agenda

Frequently Asked Questions - Weapons and Their Trade

Frequently Asked Questions Prisoners, human rights and the quest for justice Basics: Why September 11 is a human rights concern Afghanistan: a vicious circle of human rights abuse What is "terrorism"? Armed conflict and the laws of war Weapons and their trade Protecting refugees

What is a “refugee”?

The right to seek refuge in another country is the last defense against torture and other human rights abuses.

Under the 1951 Convention relating to the Status of Refugees, a refugee is “someone who, owing to 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 or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

This is the definition used by the Canadian immigration system.

Can someone who meets the definition of a refugee be denied refugee status for security reasons?

Yes, they can. For example, Canada’s immigration and refugee laws already contain many provisions which exclude individuals suspected of involvement in “terrorism”, human rights violations and serious crimes from refugee protection.

However, under international law even individuals who are denied refugee status for any reason cannot be returned to a situation where they will face particularly serious human rights violations such as torture, extra-judicial execution or “disappearance”.

This does not mean that they should not face justice for their alleged crimes and abuses.

What is a “safe third country”?

In recent years many countries have devoted much energy to ensuring that asylum-seekers who reach their territories are not able to gain asylum. One increasingly popular tool is the designation of safe third countries.

What happens is that countries refuse to consider asylum claims of refugees who have passed through countries designated to be “safe”, saying in effect that the safe third country responsible for providing protection. In practice asylum-seekers can find themselves "bounced" from one country to another as each country in turn declines to take responsibility to offer refugee protection. Bounced back far enough, the asylum-seekers can end up back in the country of persecution.

International refugee law does not require that a refugee seek asylum in the first country whose territory he or she reaches. Furthermore, the country where a refugee applies for asylum is obliged to consider the application and to ensure that the refugee is not directly or indirectly returned to persecution. The only recognized exception to this principle is when the applicant has already found effective protection in another country. Simply having been present in a country does not make it a first country of asylum.

What are Amnesty International’s concerns about how Canadian refugee policy might change in reaction to the September 11 attacks on the US?

Since September 11th, some public figures have said that national refugee protection policies should be made much more restrictive.

There has also been talk over recent weeks of U.S. interest in creating a North American “security perimeter.” The idea might effectively lift the Canada/US border and lead to assimilation of the two countries’ immigration laws.

Amnesty International welcomes statements by members of the Canadian government indicating that there is no current intention to take this course. We are concerned, however, that pressure may build on the Canadian government to consider a harmonization of U.S./Canada immigration laws.

In this regard, we are especially concerned that many asylum-seekers and refugees are routinely and arbitrarily detained in the United States in conditions which fall far short of international standards.

Canada must continue to apply refugee laws and policies which conform to international standards and our Charter of Rights. And these must ensure that the many individuals who turn to this country as a place of safety will find the refuge from harm that is their basic human right.

[ back to top ]