Citizenship and Immigration Canada, CIC
The rationale and criteria used in designating governments/regimes, including Afghanistan, under paragraph 19(1)( l ) of the Immigration Act:
Under paragraph 19(1)( l ) of the Immigration Act, senior members or officials associated with regimes that, in the opinion of the minister, committed gross human rights abuses or crimes against humanity are considered inadmissible to Canada unless the minister is of the opinion that their admission would not be contrary to the national interest. These officials need not have committed crimes against humanity themselves but, by virtue of their position during the period when atrocities were committed, likely agreed with or were able to influence the actions, laws and policies of the government, in addition to benifiting from the status brought about from being a part of that government.
Immigration headquarters has the responsability for researching the human rights record of regimes in consultation with the Department of Foreign Affairs and International Trade, DFAIT. DFAIT plays an active role in this process by providing clear departmental positions with respect to the human rights practices of a specific regime and by providing an assessment of the international impact. Where appropriate, immigration headquarters recommends to the Minister of Citizenship and Immigration whether a regime should be designated under paragraph 19(1)( l ) of the Immigration Act.
In 1994, CIC requested the opinion of the minister regarding the human rights record of the former Marxist regime in Afghanistan, 1978-1992, for the purposes of designating it under paragraph 19(1)( l ). The Marxist regime was described as one which was engaged in terrorism, systematic or gross human rights violations, war crimes or crimes against humanity within the meaning of the Criminal Code of Canada. One of its leaders, Dr. Najibullah, had formerly been head of the Afghani Information Police, KHAD, whose agents routinely and savagely administered torture during interrogations of prisoners. Officials from Foreign Affairs were consulted and they concurred with the recommendation to designate. The Minister of Citizenship and Immigration subsequently designated the former Marxist regime in Afghanistan under paragraph 19(1)( l ).
Question No. 107—