Citizenship and Immigration Committee on Nov. 22nd, 2018

[The Chair (Mr. Robert Oliphant (Don Valley West, Lib.)), Liberal, Rob Oliphant]

I call this meeting to order.

This is the 133rd meeting of the Standing Committee on Citizenship and Immigration.

We are continuing our study on challenges we are faced with in respect to migration, as well as opportunities for the 21st century. Within that larger study, we are focusing several meetings on the two global compacts that are currently under international discussion: the global compact on refugees, and migration. That's the focus of this meeting.

We have two panels today.

In the first panel, we have one witness who is in person. Thank you very much for coming.

We also have two witnesses by video conference.

I think we'll start with the furthest away and then move to the closer witness on video conference. Then we'll close this first panel with the witness from ACT Alliance.

Each witness has seven minutes.

We're going to begin with Ms. Michele Klein Solomon from the IOM, who is coming to us from Geneva, Switzerland.

Thank you, and welcome.

[Michele Klein Solomon, Director, Global Compact for Migration, International Organization for Migration]

Thank you very much, Mr. Chair. It's a pleasure to be with you this afternoon, and thank you very much for the opportunity to present in front of the committee today.

I very much welcome your inquiry into these questions, and I am delighted on behalf of the International Organization for Migration to have an opportunity for both a presentation and a discussion with you.

As the chairman said, I will be introducing the subject of the Global Compact for Safe, Regular and Orderly Migration. That compact is the result of member state negotiations in the General Assembly of the United Nations that have taken place over the course of the last year and a half. It will be presented for adoption by member states at the highest level of state and governments on the 10th of December in Marrakesh, Morocco.

The Global Compact for Safe, Regular and Orderly Migration is very much designed to enhance both the safety and security of migration and to reduce both the incidents and the impacts of irregular migration. It is the first intergovernmentally negotiated comprehensive agreement on migration.

Importantly, it is not legally binding. It is designed to be a co-operation framework between states to work together to more effectively manage what is one of the challenges of our time, not only in Canada and North America but in all other parts of the world, which is how to ensure that the movement of people today is safer, more orderly, and more predictable and that we work together to reduce both the abuses that take place and the risks, both to individuals and communities, associated with unsafe and irregular migration.

The key aspects of this co-operation framework are, first of all, again, that is not legally binding. It fully respects the sovereignty of national governments to make their own determinations about national migration policy, including with respect to the question of which non-nationals to admit into their territories.

At the same time, it recognizes that no state acting on its own can effectively address migration, and that by its very nature, migration is a transnational phenomenon. This compact is designed to set out a co-operation framework whereby states can work more effectively together.

It does so through the articulation of some common principles as well as articulating 23 broad objectives aimed at addressing all aspects of migration from the factors that drive migration to the conditions of migration and the need to put in place mechanisms for safe migration—for example, legal labour migration opportunities, opportunities for family migration, opportunities for student visas and things of that sort, while in no way dictating any quotas or any particular requirements on any government.

It also looks to address questions such as the phenomenon of smuggling and trafficking and better law enforcement co-operation as well as co-operation on return and reintegration of migrants who are no longer authorized to stay.

Those are just some examples of the types of objectives that are contained in the compact. As I indicated, there are 23 of them. They set out broad objectives and then under each is a set of best practices or examples of actions that could be taken to realize those objectives. It will be up to each government to decide which of the objectives to pursue, which actions to take to pursue them, and in what order. It is very much a discretionary framework, but it is intended to create a sense of shared solidarity and a commitment to make the migration process work more effectively.

My final point is that more effectively managing migration is not just about governments. While primarily member states have the responsibilities to manage migration not only within their territories but in terms of their co-operation, they will need to do so with a range of other stakeholders: employers, who have a very real role to play in the migration process; recruiters of migrants; migrant and diaspora communities themselves; international organizations to the extent that it is helpful; and, of course, local governments, because so much of migration is experienced and determined by policies and processes at the local level. Mayors and local government officials will be essential.

Let me conclude my opening remarks by saying that this framework that was very much called for and developed by governments—member states throughout the entire United Nations—is of course now very much in the media in some countries. There have been questions raised in some societies about whether this is a good idea and the extent to which it might infringe on the sovereignty of states.

Let me underscore for you that the compact makes absolutely explicit both that it is not legally binding and that it fully recognizes the sovereign jurisdiction and authority of governments to determine their own migration policies. What it intends to do is to actually create more effective policies through states working together, learning from one another, learning from each other's good practices and working together to manage migration to better effect.

Thank you very much, and I look forward to questions that you may wish to pose.

[The Chair, Liberal, Rob Oliphant]

Thank you very much.

We will now hear from Stéphane Vinhas, the Emergencies Coordinator of Development and Peace-Caritas Canada.

[Stéphane Vinhas, Emergencies Coordinator, Development and Peace-Caritas Canada]

Good afternoon, Mr. Chair, and ladies and gentlemen of the committee.

My name is Stéphane Vinhas. I am the Emergencies Coordinator of Development and Peace-Caritas Canada. On behalf of the members of my organization, the local partners we support and the vulnerable populations we assist in more than 40 countries, I would like to thank you for this consultation.

For 50 years, Development and Peace-Caritas Canada has been the official international development organization of the Catholic Church in Canada. We draw our strength from the commitment of 13,000 members across Canada who are determined to help the poor in their struggle for justice in the countries of the South.

We are members of the international network called Caritas Internationalis. At the moment, we are conducting an education and advocacy campaign on forced migration called “Share the Journey”.

We draw inspiration from the words of Pope Francis; our members feel that it is very important to welcome, protect, promote and integrate migrants and refugees. They have actively participated in welcoming Syrian refugees here to Canada.

Beyond the two compacts, they are particularly concerned with working on the root causes of forced migration. As a witness today, I am bringing you that message, their message.

Every minute, 31 people are forced to flee their country. Today, almost double the population of Canada, about 68 million people, are in situations of forced migration. Most of those people come from five countries: Syria, Afghanistan, South Sudan, Burma and Somalia. Development and Peace-Caritas Canada supports local partners in those countries.

Migrants and refugees are more than figures and abstract ideas. Above all, they are people like you and me, seeking peace, as Pope Francis has urged. They aspire to freedom and safety for themselves and for their families. They long to be the authors of their own lives once again.

Certainly, they made the decision to leave, but they really had no choice but to do so. No one chooses to flee and put their lives or the lives of their children in danger. They do so because they are forced to, by necessity, by despair and also by hope. Above all, migrants and refugees are human beings, with their rights and their dignity.

How can we help them? As the two pacts state, we help them by attacking the root causes that drive people to leave, so that we can simultaneously prevent forced departures and facilitate the return they desire. Most of them want to return when conditions permit. When they do not permit, it creates situations like the one in Bangladesh, where Rohingyas have been fleeing or committing suicide ever since they were asked to return to Burma. In Syria, the risks of forced recruitment, political repression, and uncertain security are still obstacles to returns.

If we want people to return in an informed, voluntary, dignified and sustainable manner, we must ensure that the reasons that drove them to leave no longer exist. To do so, we absolutely have to work to resolve the root causes of forced human migration. The global compact on migration and the global compact on refugees, which were actually put together following a consultation with the Catholic Church, stress that eliminating the root causes is the most effective way to bring about solutions.

More than anything, forced migration is a consequence of poor political, economic, and social development. Humanitarian work and migration management attempt to address those unfortunate consequences.

It is important to recognize the causes, the many complex and interrelated factors at the origin of these upheavals. There are armed conflicts, persecution, economic, political and environmental reasons. Other reasons are mentioned less often: megaprojects for so-called development, as well as mining, oil and gas, or large-scale agro-industrial operations.

In the light of this presentation, the members of Development and Peace-Caritas Canada offer you the following recommendations, which reflect the two global compacts.

As an artisan of peace, Canada can build on its leadership to ratify and implement the two compacts on refugees and on migration, consistent with the values that Canada espouses internationally. Canada can exercise its leadership by promoting diplomatic and peaceful solutions to armed conflicts, with inclusive peace processes, especially those involving women. Canada can also strengthen and protect civil society organizations working for peace, democracy, human rights, and the empowerment of leaders in the fragile states of the south. Without inclusive and participatory democracies that protect minorities, diversity and the rule of law, forced migration will only get worse.

As a recognized contributor, Canada can rely on its funding to give predictable, flexible and multi-year support with a view to reaching the Sustainable Development Goals, including the goal of reducing inequality, in order to make a contribution to reduce forced displacements. This can be done specifically by reaching the OECD’s objective of a contribution of 0.7% of GDP for public developmental assistance.

Canada's funding must also be used for initiatives to reduce the dangers from disasters, to prevent conflicts and to promote peace.

As a responsible member of the international community, Canada can also rely on its values to make sure that local populations receive all the economic benefits that are due to them, in order to prevent economic migration. Those who benefit from international assistance must not be the same as those who are the victims of harmful international or regional policies, real or needed.

Through its values, Canada can also continue to work to reduce greenhouse gas emissions in order to preserve our common home—the term that Pope Francis uses to describe Earth—thereby reducing the risk of environmental migration.

In conclusion, it is important to recall the vision expressed by Pope Francis on the occasion of the first World Humanitarian Summit, held in Istanbul in May 2016. In his words:

…there must be no family without a home, no refugee without a welcome, no person without dignity, no wounded person without care, no child without a childhood, no young man or woman without a future, no elderly person without a dignified old age.

That, above all, is what we must ensure.

Thank you for your attention.

[The Chair, Liberal, Rob Oliphant]

Thank you very much.

Now we are going to hear from Ms. Kaastra-Mutoigo.

[Ida Kaastra-Mutoigo, Board Member, World Renew, ACT Alliance]

Thank you, Mr. Chair, and thank you so much for this time that I can share with you.

My name, as you noted, is Ida Kaastra-Mutoigo. I work with World Renew as an executive director in Canada. For your interest, that is an agency that has been a sponsorship agreement holder for refugees for over 40 years.

I'm also a daughter of immigrant parents who left Holland after the Second World War, and I married somebody who is an immigrant from Uganda and have a daughter who is an immigrant from Uganda.

I'm very glad to speak on behalf of the Action by Churches Together, ACT Alliance, where I serve on the governing board and executive committee. ACT is an international alliance of about 150 churches and faith-based organizations, including World Renew, working together in over 125 countries.

Why did ACT Alliance get involved in the global compact initiative? Global alliance, like ACT, has a strategy that prioritizes using resources and sharing expertise to effectively address the issues of migration and displacement, especially as these impact human rights, poverty levels and resilience to disasters. That's why ACT Alliance's global secretariat office has been involved at every single stage of the process of developing the global compact. We have also consulted membership around the world working with migrants and host communities.

Why do we feel that the global compact is important? Creating this agreement, as was mentioned, among UN member states, enables migration to be more predictable and manageable, while also protecting the rights of vulnerable migrants from the point of their departure from one country to the arrival of another, including their resettlement.

It addresses the root causes or drivers of the unsustainable migration that can be experienced. It increases the availability of protection for people who are suffering rights violations. It ensures better access to basic services. It prevents human trafficking and smuggling. It fosters collaborative relationships in its implementation.

As was noted very well by Stéphane, as much as these global compacts address the flow of migrants and refugees, it is imperative that we also identify and address the current root causes of displacement, of conflict, ecological disasters, climate change and poverty. Sponsorship and resettlement are important things to do in this crisis, but the deeper justice work of addressing these root causes is critical.

Will the global compacts present a threat to the Government of Canada, especially in their ability to ensure rights and well-being of Canadians or to have sovereignty? No. The global compacts have been an entirely state-led process. Civil society and other stakeholders have had a seat at the table. They were not the drivers behind it, and neither was the UN. I think that's very important to note.

The global compact on migration also reaffirms the sovereign right of states in paragraph 15. You can read that for further study. It will not be an international agreement nor a treaty, and will have no legal effect on national legal systems, as was emphasized by Michele.

The global compact on migration reinforces and clarifies what states have already committed themselves to doing in other international treaties and laws, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as the sustainable development goals.

The global compact on migration fosters more effective whole-of-government approaches to migration by encouraging states to model interdepartmental co-operation to achieve its objectives. This supports something that Canada is quite good at and has been at the forefront of, which is reinforcing a whole-of-society kind of approach.

Will the global compact on migration add a financial burden to the Government of Canada and its citizens? No. There are multiple stakeholders that are already well equipped, including civil society organizations like ours, which provide strong support services for new immigrants and refugees.

It does not present a financial burden either, since the Government of Canada continues to set its own requirements for approving and ensuring that immigrants follow its assessments for economic viability.

Canada has always been a country of migrants and multi-stakeholder support for refugees and has encouraged the achievement of several key outstanding objectives. For example, if you compare government-sponsored refugees to the general population of Canadians, you will find they receive roughly the same amount of welfare. Privately sponsored refugees do not receive any government support over the 12-month sponsorship period. Over time, refugees have had the same levels of economic success in household income and home ownership as other Canadians.

I want to share a great example of this. A decade after arriving in Canada, Vietnamese refugees had a lower unemployment rate and relied on less social assistance than the Canadian average. One in five had started their own business. They are paying taxes, creating jobs and making Canada better. I have some documentation that I could share with your staff later.

What are the potential costs for Canada not supporting the global compact on migration? It's worth noting that the isolated and vastly different approaches of governments to migrants can potentially cause harm to their neighbouring states, so while some states might opt out of the global compact for reasons they cite as threats to sovereignty, peace, order and good governance, their lack of coordinated efforts with neighbouring states around migration is likely to lead to increased incidence of disorder, protests and distressed migrants.

Another cost is a lost opportunity for Canada to do longer-term projections of labour needs and then have planned migrations for meeting these needs. Canada's economic health depends on this predictability for permanent and temporary migration.

Another loss from not joining this global compact would be to Canada's international reputation in leading the dialogue around issues of shared concern, such as as international migration and human rights, as well as addressing these concerns in a healthy balance with national interests.

Finally, it's worth mentioning here that our immigration points system provides important contributions to our social and economic fabric. However, in the crisis of displacement that we're experiencing in the world today, which is probably deepening, we have a commitment to humanitarian and compassionate settlement as a critical role for Canada. We love to be self-congratulatory about refugee resettlement and sponsorship, but if we look at the statistics, it gives us pause to check whether our collective self-image is really accurate. Our statistics of settlement for those forced to flee are markedly lower than our welcome of voluntary migrants, who are often highly skilled and wealthy.

Is there a better balance, particularly in the current displacement crisis of 68 million people around the world? That is our sincere hope as charities and faith communities like ACT Alliance. We work on the front lines and we hear people's pain-filled and traumatic experiences. I pray God may have mercy and inspire the generous spirit of Canadians.

Thank you very much.

[The Chair, Liberal, Rob Oliphant]

Thank you to all three of you for your time today and for your expertise and your passion.

I'm taken into many meetings I've had with the CRC and organizations like that in my previous life, and my shoulders drop and I relax; it's easier for me to do that.

We begin our round of questioning with Mrs. Zahid.

[Salma Zahid, Scarborough Centre, Lib.]

Thank you, Chair.

Thanks to all the witnesses for your important input today.

My first question is to all of you, and it's on the issue which has been touched on briefly in Ms. Klein's and Ms. Kaastra-Mutoigo's opening remarks.

All of you are very familiar with the global compact on migration, so could each of you comment on one of the common criticisms levelled by the critics? Is there any evidence whatsoever that this non-binding statement of principles would infringe on national sovereignty?

Maybe we can start with Ms. Klein.

[Michele Klein Solomon]

The compact is explicit that it is not legally binding and that one of the guiding principles throughout its operation—as was said by my colleague, Ida, from ACT Alliance—is that it takes full account of the sovereignty of states to determine their own national migration policies.

That is recognized in paragraph 15 as one of the guiding principles. I will read it to you, because that statement is as clear as it can be.

The Global Compact reaffirms the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law. Within their sovereign jurisdiction, States may distinguish between regular and irregular migration status, including as they determine their legislative and policy measures for the implementation of the Global Compact, taking into account different national realities, policies, priorities and requirements for entry, residence and work, in accordance with international law.

That, madam, is the clearest statement about the recognition of the role of national sovereignty in national decision-making, but that concept is also picked up explicitly in many other parts of the compact.

My last statement about that is that contrary to some press reports, there is absolutely no obligation in this agreement to take anyone into a country without the explicit authorization of national authorities.

Thank you, madam.

[Salma Zahid]

Thank you.

Can we go to Mr. Vinhas?

[The Chair, Liberal, Rob Oliphant]

If the other two want to comment on it, they may.

[Ida Kaastra-Mutoigo]

I will pass. I'll defer.

[Stéphane Vinhas]

Let me quote Pope Francis:

Before the challenges of contemporary movements of migration, the only reasonable response is one of solidarity and mercy … A just policy is one at the service of the person, of every person involved; a policy that provides for solutions that can ensure security, respect for the rights and dignity of all; a policy concerned for the good of one’s own country, while taking into account that of others in an ever more interconnected world.

I just wanted my answer to use the words of Pope Francis.

[Salma Zahid]

Thank you.

Can we proceed to the second question?

Ms. Ida, you can respond to it.

Germany has been a leader on the issue of migration. Just yesterday, speaking in the German parliament about the global compact for migration, German Chancellor Angela Merkel described some opponents of the compact as people who say they can solve everything themselves and don't have to think about anyone else. She said this attitude amounted to nationalism in its purest form.

Would you agree with Chancellor Merkel? Could you discuss why working together co-operatively is the only way we can hope to tackle the global migration challenge that we are facing right now?

[Ida Kaastra-Mutoigo]

Yes, I agree. I tried to highlight in my statements as well that the decisions some countries make that they think they can make in isolation actually affect others around them. This is the unfortunate result of highly nationalistic leaders, and this kind of compact is going to enable people to have discussions. If everybody signs on to it and commits to it, we can finally have conversations about promising practices that will ensure better migration and safety between our borders, and probably reduce the number of distressed people as a result. Yes, I would agree with her.

[Salma Zahid]

Any one of you can answer my next question.

Would ratification by Canada of the two global compacts necessitate or require any change in Canada's current policies or practices in regard to immigration and refugees? Would that require any changes?

[Ida Kaastra-Mutoigo]

It will challenge us to review what we currently have in place and how helpful or harmful some of the policies are.

For example, we have advocated for the forgiveness of loans that refugees are asked to pay. You can imagine people coming into the country with hardly anything, having to take out a loan and then pay it back over the course of the first year or two. I can't imagine what that must be like. To me, that deserves a review.

There are things like that. When you look at strengthening the ability of people to settle or resettle into their new country, getting them the necessary support services is something we can examine. Can we do a better job? I think we can, yes. I think Canadians can re-examine what they're doing.

[Salma Zahid]

Ms. Klein, would you like to add to that?

[The Chair, Liberal, Rob Oliphant]

Please answer very briefly.

[Michele Klein Solomon]

Yes. Thank you very much.

Technically, neither of the two global compacts would be ratified in the sense of requiring a legislative act, because they're not international treaties, but in terms of the degree to which Canada already lives up to the commitments, the aspirations and the goals of these compacts, Canada is very well situated to actually not only implement what is aspired to in these global compacts but also to learn from them.

I'll speak only with respect to the global compact for migration. As I said, there are 23 objectives, and under each of those there's a listing of 10 to 15 effective practices that have been gleaned from experience around the world, including Canada's experience. Those may provide a source of rich ideas that would warrant reflection but not require a change, so that as was said—

[The Chair, Liberal, Rob Oliphant]

I'm afraid I need to stop you there, but thank you very much.

[Michele Klein Solomon]

No problem.

[The Chair, Liberal, Rob Oliphant]

Ms. Rempel is next.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Thank you, Chair.

I'm a bit confused. I've heard from you that the agreement is not binding, but then I've heard that if it wasn't ratified by everyone, then activities couldn't be coordinated, and then I just heard that Canada would be required to reflect upon or implement principles where there aren't principles. There was one policy change suggested here with loan forgiveness.

If it's not binding but Canada would be required to make changes, does this mean that the UN would basically assign rapporteurs to kind of disparage Canada or question its sovereign policies if it wasn't in alignment with the global compact, if signed, in the future?

[Michele Klein Solomon]

Would you like me to address that?