1. 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

2. 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

3. 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

4. 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

6. 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

7. 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

8. Shifting Responsibility  Complementary objective But:  Sponsor concern of bearing burden  Processing prioritizations  Gov’t taking credit

9. 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”

10. Public Perceptions  1986: Canada awarded the Nansen Medal  1987: 7,437  1989: 21,631 (peak)  1989: 31% of Canadians felt that too many refugees were admitted in 1989  by 1991 number jumped to 49%  Genuine vs. false refugees  Resettlement vs. asylum

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

12. 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

13. 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

14. תודה