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Defining Refugees by Howard Adelman CANADA'SREFUGE PERIODICAL ON REFUGEES Vol. 2, No. 4 April, 1983 Defining Refugees by Howard Adelman The nomenclature applied to refugees is Bengal within India they are referred to modem concept of refugee emerges in an very confusing. Lists of refugees include as refugees. If a million Ghanians are ex- international context in which the world Canadian citizens who have been pelled from Nigeria and return to their is divided up into nation-states such that established for 35 years with a proper home country, they are referred to as everyone is deemed to belong to one legal status in their adopted country. But refugees. In ordinary language, anyone nationality or another (though not in world refugee surveys they are still uprooted because of civil disorder or, necessarily only to one), and members of counted as refugees. It is poor taxonomy sometimes, even natural disaster is refer- that nationality enjoy the protection of a that does not provide a criterion for ter- red to as a refugee. But in international specific political state. minating refugee status. law none of these cases qualify the The narrowest legal definition of refugee Refugees are uprooted people whose uprooted people for refugee status. The is contained in the United Nations Con- status as refugees ends when they Muslims were given citizenship by India vention Relating to the Status of and India sent in the army to provide become re-rooted; that is, when the state Refugees (July 28, 1951) and the subse- protection. The returnees to Ghana have in which they live guarantees their legal quent Protocol Uanuary 31, 1967). Such rights, and when they regard the nation- their own country to protect them from refugees must have a nationality and ality of that state as their own even persecution and to provide material sup- lack the protection of their country of though they may have another nationali- port. habitual residence (there is no necessary ty. For example, Estonians who are 'The main feature of refugee status is requirement that that country be the refugees from the Russian takeover of that refugees do not enjoy the protection individual's country of nationality), but their homeland who have become Cana- of any government, either because they they must be unwilling or unable to avail dian citizens and nationals do not are, as stateless persons, unable or, hav- themselves of the protection of that state thereby surrender their Estonian na- ing a nationality, unwilling for political by returning to it. The definiton is rather tionality, but they do surrender any reasons to avail themselves of the protec- status as refugees. tion of their country of origin."l The (Continued on p. 3) In addition to time boundaries for the beginning and termination of refugee status, there must also be spatial dif- ALSO FEATURED IN THIS ISSUE ........................ ferentiations among the various types of refugees. This is another type of confu- sion. The difference between Convention QUEBEC'S UNACCOMPANIED MINORS PROGRAMS refugees and non-Convention refugees, between refugees within a country and by John Forrester ................................................4 refugees outside, are muddled because they are all simply called refugees. I THE INDOCHINESE REFUGEES IN SWEDEN ..................... .10 If Muslims flee the state of Assam to REFUGE Canadian News c/o Refugee Documentation Project, York University, 4700 Keele Street, The Canadian Jesuit Missions have an- Project (UBC), the World Federation for Downsview, Ontario M3/ 2R6 nounced the donation of Rs. 10,000 for Mental Health and the Canadian Mental relief work among Bengali refugees in Health Association. For further informa- Assam, India. tion please contact Morton Beiser, M.D., Editor: *** Howard Adelman Room 2C7, 2255 Wesbrook Mall, New special measures will allow Iranian University of British Columbia, Van- Managing Editor: couver, B.C ., V6T 2A1 Caroline Stephens visitors and Minister's Permit Holders in Canada to apply for permanent * * * Editorial Board: residence without leaving the country. Employment and Immigration Minister Douglas Cohen, Montreal Lloyd Axworthy announced on Claudio Duran, Toronto About half of the 2,000 Iranians expected to benefit from these measures are February 2, 1983 that persons receiving Arie van Eek, Burlington Unemployment Insurance Benefits will Donald Ferguson, Toronto students whose funding has been cancell- ed by the Iranian government. 'Many of be allowed to take full-time language James Hathaway, Moncton training if the training is required to ob- Michael Pitman, Toronto these students have had their passport renewals denied, and fear reprisals or tain employment. The new policy ap- Linda Weigl, Regina even death if they return to their plies equally to all unemployed Cana- Typesetting and Layout: homeland," Canada's Employment and dians who need language training to find Publications Department, Immigration minister said. work. Benefits will be provided durinrr York University training and for up to six weeks follow: Iranian visitors, students and Minister's ing the courses while employment is Permit Holders, will be allowed to apply Refuge is dedicated to encouraging assistance to sought. refugees, by providing a forum for sharing for landing if they have relatives here information and opinion on Canadian and who will assist them or if they have been It is expected that about 15.000 Cana- international issues pertaining to refugees. It is dians could qualify under the.new policy published five times a year, in October, December, here twelve months and can demonstrate February, April and June. It is a non-profit, their ability to settle in Canada suc- and that about 5,000 persons a year will independent periodical supported by grants cessfully. take advantage of the change, which will from the Canadian Foundation for Refugees, cost about $2 million annually. Operation Lifeline, and the Canada Employ- Landing would be granted by Order in ment and Immigration Commission; by private Council from within Canada. As perma- Language training under the National donations; and by subscription payments of $10 Training Act is provided to immigrants, a year. It is a forum for discussion, and the views nent residents, these Iranians could apply expressed do not necessarily reflect those of its to sponsor their dependants in Iran, and refugees and Native persons who are not funders, staff or Editorial Board. thus meet the goal of reunifying families. fluent in either official language. Cana- All material in RcYu,yc may be rcproduccd dians moving from one province to without permission unless copyrighted or another are also eligible when lack of otherwise indicated. Crrd~tshould hc givrn to the author or source if namcd. fluency in one of the official languages Resettlement: prevents them from finding employ- Indochinese in Transition Logo design: ment. Prior to this announcement, Dreadnaught Cooperative Inc., A symposium on aspects of refugee however. Canadians who did not move resettlement will be held at the Universi- Toronto from one province to another were not ty of British Columbia, July 15 - 18, entitled to collect unemployment in- Second Class Mail Rcgislration No. 5512 1983. The symposium is being co- surance while attending full-time lSSN0229-5113 sponsored by the Refugee Resettlement language training classes. I mitment entailing no change in present contribute financially to the United Na- Letters Canadian law or practice. tions Voluntary Fund for Victims of Tor- The United Nations has also created the ture. canadafs-contribution to the Fund To the Editor: Voluntary Fund for Victims of Torture. might encourage other members of the United Nations to contribute. This I was pleased that The Honourable A General Assembly resolution was passed urging members of the United would be consistent with the policy Charles Lapointe, Minister of State (Ex- against torture of the Government of ternal Relations) announced that Canada Nations to contribute generously to the Fund. Canada has voted in favour of this Canada and with the resolution in the believes that it is important that the in- General Assembly calling for financial ternational community provide itself resolution but has not yet contributed any money to the Fund. Denmark, Nor- contributions which the Canadian with the legal instruments necessary for government supported. The effective the effective suppression of the practice way, The Netherlands, Sweden, Finland and Cyprus have contributed to date. suppression of the practice of torture in of torture in the world. ("Canada Makes the world needs more than a moral com- Unilateral Declaration Against Torture" A moral commitment by the Canadian mitment from the Canadian govern- Refuge, Volume 2, No. 3. February, government against torture is important ment. 1983) The Minister further announced but a financial commitment is even more Michael S. Schelm that Canada has made a unilateral important. I would ask the Honourable Vice-president declaration against torture in the United Minister to use his good offices to en- Canadian Section (Anglophone) Nations which constitutes a moral com- courage the Canadian govemment to Amnesty International Defining Refugees (cont'd from p. 1) narrow because the individuals have to Types of Refugees establish that they are potential inten- tional victims and that the unwillingness to return is motivated by a well-founded fear of persecution for reasons of race, Refugees religion, nationality, membership of a particular social group or political
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