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6 JIJIS 1 (2006)
The Canada-U.S. Safe Third Country Agreement: Reinforcing Refugee Protection or putting Refugees at Risk

handle is hein.journals/jijis6 and id is 13 raw text is: Akibo-Betts 1 THE CANADA-U.S. SAFE THIRD COUNTRY AGREEMENT: REINFORCING REFUGEE PROTECTION OR PUTTING REFUGEES AT RISK? Sonia Akibo-Betts* On December 29th, 2004 the controversial Agreement of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (STCA) came into effect. This paper presents a review of the STCA and its impact on refugees through a comparison of specific aspects of the respective refugee determination systems of Canada and the United States (U.S.). To fully appreciate the debate surrounding the STCA this paper will look at the problems faced by refugees that cause them to flee their countries of origin; the process for making refugee claims in Canada; the STCA and criticisms of the agreement stemming from differences in the Canadian and U.S. asylum systems; as well as the impact of the STCA on refugees; and, the latest developments surrounding these issues. I. Why Refugees Flee Their Countries of Origin The United Nations High Conunissioner for Refugees (UNHCR) estimates that at the end of 2004 there were about 9.2 million refugees globally.2 Over 676,000 people applied for asylum worldwide and approximately 25,000 applied in Canada and 56,000 in the U.S.3 Every refugee has a unique tale to recount regarding his/her flight. Millions of people around the world have had their lives shattered by armed conflicts, political repression, religious intolerance, sectarian violence, and persecution due to sexual orientation, to name but a few examples. Women refugees are particularly vulnerable to persecution such as rape by military or police forces, female genital mutilation, honour killings, forced abortion or sterilization, domestic violence or harsh treatment on account of transgressing social norms. These persecutions often force millions of people to flee their countries and seek asylum elsewhere. The decision to seek asylum in a particular country depends on the geographic closeness to the asylum seeker's country of origin, employment opportunities in the host country, access to welfare and social services, and the tolerance of the host country to refugees and immigrants.4 Refugees may choose to come to Canada, either because of Copyright 2006 by author, published here by permission. This paper is based on notes for a speech given at the Canadian-United States Justice Issues: Cross-Border & Global Contexts Conference at Central Missouri State University, Warrensburg, Missouri on February 20, 2006. It was also developed from an earlier work of the author entitled The Canada-U.S. Safe Third Country Agreement: Why the U.S. is Not a Safe Haven for Refugee Women Asserting Gender-Based Asylum Claims originally published in the Windsor Review of Legal and Social Issues, Volume XIX, March 2005. The views expressed in this paper are the views of the author and do not necessarily reflect those of any organization with which the author is affiliated. 2 Basic Facts: Refugees By Numbers (2005 edition), online: United Nations High Commissioner for Refugees <http://www.unhcr.org/cgi-bin/texis/vtx/basics/opendoc.htm?tbl=BASICS&id=3b028097c>. Ibid. 4 Adrienne Millbank, The Problem with the 1951 Refugee Convention, September 5, 2000, online: Department of the Parliamentary Library <http://www.aph.gov.au/library/pubs/rp/200001/01RPO5.pdf#search=' Asylum%20seekers%20are%20drawn%20to%20particular%20countries%20by%20a%20range%20of%20ob vious%20factors5 at 9.

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