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PRIVATIZING PROTECTION? The Evolution of Private Sponsorship in Canada SHAUNA LABMAN Ph. D. Candidate PRIVATIZING PROTECTION? The Evolution of Private Sponsorship in Canada SHAUNA LABMAN Ph. D. Candidate Trudeau Scholar & Liu Scholar Faculty of Law, University of British Columbia Canada-Israel Bi-National Forum Migration, Rights and Identities 30 May 2010, Ruppin Academic Center

Canadian Background § 4 June 1969: Canada ratified 1951 Convention & 1967 Protocol § Canadian Background § 4 June 1969: Canada ratified 1951 Convention & 1967 Protocol § Immigration Act, 1976: 1 st 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 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 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 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 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: Ø Sponsor concern of bearing burden Ø Processing Shifting Responsibility § Complementary objective But: Ø Sponsor concern of bearing burden Ø Processing prioritizations Ø Gov’t taking credit

Future Promises § 2009 CIC Annual Report: doubling of privately sponsored Iraqi refugees accepted 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 § Public Perceptions § 1986: Canada awarded the Nansen Medal § 1987: 7, 437 § 1989: 21, 631 (peak) Ø 1989: 31% of Canadians felt that too many refugees were admitted in 1989 Ø by 1991 number jumped to 49% § Genuine vs. false refugees § Resettlement vs. asylum

Selection § Sponsor-referred (require approval) Ø ~ 90 -95% family/friends Ø ~49% refusal rate Selection § Sponsor-referred (require approval) Ø ~ 90 -95% family/friends Ø ~49% refusal rate (1998 -2007) Or § Visa office-referred (CIC approved) Ø Less than 2% of PS (2002 -2005)

Consequences of Sponsor-Referrals § Sustainable sponsorship (social capital) vs. continued need § Program global 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 & 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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