u Ottawa l.'Univcrsilc awnrticnnc Canada's univcrsiiy mn FACULTE DES ETUDES SUPERIEURES IA™ FACULTY OF GRADUATE AND ET POSTOCTORALES u Ottawa POSDOCTORAL STUDIES L'Universit^ canadiemie Canada's university Melissa Lansing TOTEWDl'UTH^rAFfHOR'orfHESTs" M.A. (Sociology) GRADE/DEGREE Department of Sociology and Anthropology TACUJETICOCETDEPA^ Terrorism, Securitization of the Nation and Refugee Flows: Implications of Policies and Practices in a Post-9/11 Era TITRE DE LA THESE / TITLE OF THESIS Philippe Couton/Jose Lopez .„R„E.„T_„„^ EXAMINATEURS (EXAMINATRICES) DE LA THESE /THESIS EXAMINERS Ann Denis Abdoulaye Gueye Gary W. Slater Le Doyen de la Faculte des etudes superieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoral Studies Terrorism, Securitization of the Nation and Refugee Flows: Implications of Policies and Practices in a Post-9/11 Era Melissa Lansing © Thesis (MA) August 2007 University of Ottawa, Department of Sociology Supervised by Professor Couton And Professor Lopez Library and Bibliotheque et 1*1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A0N4 Ottawa ON K1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-49230-7 Our file Notre reference ISBN: 978-0-494-49230-7 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Plntemet, prefer, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non­ sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. reproduced without the author's permission. In compliance with the Canadian Conformement a la loi canadienne Privacy Act some supporting sur la protection de la vie privee, forms may have been removed quelques formulaires secondaires from this thesis. ont ete enleves de cette these. While these forms may be included Bien que ces formulaires in the document page count, aient inclus dans la pagination, their removal does not represent il n'y aura aucun contenu manquant. any loss of content from the thesis. Canada © Melissa Lansing, Ottawa, Canada, 2007 Abstract: This Master's thesis examines the impact of the events of 9/11 on the discourses and practices that attempt to regulate the flow of refugee populations in Canada. Discourse analytical techniques are used to analyse a corpus of official documents that have contributed to the reframing of the status of refugees. The thesis provides an overview of the development of refugee policy in Canada and explores the world context for contemporary refugee flows. It draws on the securitization paradigm to track the discursive processes that have served to establish links between terrorism, national security and refugees in Canadian governmental discourses and its related practices. The thesis also draws attention to Canada's national and international commitments to protect human rights, and the challenges Canada has faced in maintaining a balance between its humanitarian tradition and its new pre-emptive security approach. It is argued that the new War on Terror, has, as a consequence, targeted innocent and vulnerable populations such as refugees, in this way eroding their rights. 2 Table of Content: Abbreviations 4 Introduction 5 Chapter 1: Theoretical Perspective 10 A) Nation-State and Contemporary World Dynamics 10 B) Terrorism 14 C) Securitization of the Nation.. 18 D) The Question of Refugees 25 E) Discourse and Methods 29 Chapter 2: Canadian Historical Context 37 A) National and International Legislation and Policies 39 B) Canadian Immigration and Refugee Policy 50 Chapter 3: The Paradigm Shift: Securitization of the Nation 57 A) Social and Political Change in Light of National Security 59 B) The New Normal 71 C) National Security and Reforms to the Refugee System 84 Chapter 4: Refugees, the potential National Security Threat 92 A) Deterrence: Preventative Measures at the Point of Entry 93 B) Determination: The Validity of a Claim 97 C) Detention: Security Certificate and Holding Facilities 103 D) Deportation: Torture and Risk Factors 119 Chapter 5: Discussion ; 125 A) International Context 125 B) The New Normal 131 Epilogue 142 Bibliography 146 A) Scholarly References 146 B) Documentary Corpus 152 Appendix 158 A) Appendix # 1: The refugee determination process 158 B) Appendix # 2: Top Ten sources of Refugees in Canada from 2000 until 2001 159 3 Abbreviations AI: Amnesty International CCR: Canadian Council for Refugees CBSA: Canadian Borders Service Agency CIC: Citizenship and Immigration Canada CSIS: Canadian Security Intelligence Service DJC: Department of Justice Canada IRB: Immigration and Refugee Board IRPA: Immigration and Refugee Protection Act PIF: Personal Information Form PRRA: Pre-Removal Risk Assessment PSEPC: Public Safety and Emergency Preparedness Canada RAD: Refugee Appeal Division RDD: Refugee Determination System UN: United Nations UDHR: Universal Declaration of Human Rights UNCAT: United Nations Convention Against Torture UNHCR: United Nations High Commissioner on Refugees 4 Introduction Thousands of refugees flee their country each year, hoping to escape persecution and possible death. However, in recent years, refugees arriving in Western countries' borders face re-victimization through processing systems that emphasize security and vigilance. Shree Kumar Rai is one of those refugees facing re-victimization through Canadian refugee laws and practices. Rai was a teacher and an activist in Nepal. While in school in the 1980's, he got politically involved in an activist group. At the time, the country was led by a communist dictatorship. More than 11, 000 people lost their lives in the Maoist insurgency. While protesting in 1985 against the death of a political leader in 1993, he was arrested, tortured, and released. He was once again arrested in 1995 and accused of smuggling guns into the country. His house was raided by Nepal's police and his father, who was apprehended, died soon after from injuries caused by beatings received while in custody. Rai fled to Moscow then Canada, leaving his four year old son and his wife in Nepal. Rai arrived in Canada in June 1996. His initial claim was rejected in 2000 by the Immigration and Refugee Board (IRB), which claimed that he was part of Nepal's communist opposition party. The IRB decision was overturned by the Federal Court. He appealed it once again in 2004, his claim was rejected again. It was claimed that there was insufficient evidence to prove that he would be tortured if returned to Nepal. He lost his appeal against deportation, and received his deportation order on February 27th, 2007, He sought sanctuary at Ottawa's First Unitarian Congregation that same day. Nepal's parliament has since been restored, but violence continues. Rai fears his life would be in danger if he had to return to Nepal. Legally, Canadian Borders Service Agency 5 (CBSA) has the permission to force entry and to arrest and deport him. CBSA has not resorted to these measures yet (The Ottawa Citizen March 23, 2007)1. The story described above is one of many stories encountered by refugees and asylum seekers in Canada. Since the 1990's, the number of conflicts have decreased around the world; several conflicts have ended, and many refugees have returned to their country of origin (UNHCR 2006b, 9). According to the Amnesty International 2006 annual report, peace agreements diminished the amount of armed conflict in regions such as the African continent. Currently, on a global scale, refugees represent 7 percent of all migrants, in comparison to 11 percent in the 1990's (UNFPA 2006, 11). Although refugee migrants are a small fraction of world migrants, they nonetheless remain one of the most vulnerable and marginalized populations (UNFPA 2006, 10). Violation of human rights and brutal conflicts persist, forcing many to flee their country with little or no resources. In 2005, approximately 12.7 million people world-wide were refugees (UNFPA 2006, 10). Afghanistan, for example, has created over three million refugees in neighboring countries. In addition to these violent conflicts, according to the UNHCR, 9/11 has introduced a different kind of conflict: the War on Terror. Regions affected by terrorism such as Afghanistan, Chechnya, Georgia, Iraq, Pakistan, and Palestine have produced refugees who are not always desirable in countries fighting the War on Terror; "[p]eople forcibly displaced by these conflicts have faced closed borders, extremely hostile and insecure conditions in exile and/or accelerated involuntary returns due to "anti-terror" measures in asylum states" (UNHCR 2006b, 11). The humanitarian obligation for countries to accept