Thank you, honourable members of the Subcommittee on International Human Rights for taking the time to consider the situation of human rights in Burundi.
Today is a sad day because just a few minutes ago, I learned that the President of Burundi has ratified the decision to leave the International Criminal Court forever and definitively. That said, let me come back to some background.
[Translation]
On October 12, 2016, the lower chamber of Burundi's parliament voted, by a wide majority, to withdraw Burundi from the Rome Statute creating the International Criminal Court. A few hours later, that legislation was adopted unanimously by all 37 members of the country's senate.
[English]
Bujumbura believes that the International Criminal Court prosecutor's decision to intervene in the ongoing political conflict in Burundi under the pressure of its founders, the European Union, by starting a preliminary examination constitutes a serious and flagrant violation of both its national security and its sovereignty.
The bill was adopted by the council of ministers a week ago. The decision was taken after the publication of the UN experts' damning report on grave violations of human rights by state organs on September 20. The United Nations experts prepared a list of 12 individuals deemed responsible for serious crimes committed with impunity throughout the country and which may fall under the International Criminal Court's jurisdiction. The report also warned against possible crimes against humanity and the serious danger of genocide.
On April 25, 2016, the International Criminal Court prosecutor herself launched a preliminary investigation, particularly on murder, torture, and rape perpetrated in Burundi, which Bujumbura decided to block.
When we talk about human rights and its consequences, most of the time people talk about numbers, but they forget the people. Right now Burundi has spread more than 350,000 refugees over neighbouring countries: Tanzania, Rwanda, Uganda, and a small part in the Democratic Republic of the Congo. The number 350,000 is the one recognized by the UN agencies, but we know it is more than that, because many people will never get in touch with those organizations.
What is the interpretation of the move that Burundi's government has made?
[Translation]
The Bujumbura government is being condemned in reports published by a variety of organizations. The authors of these reports all agree that human rights are being violated on a massive scale in Burundi.
[English]
The strategy of the plot and the national sovereignty are the only arguments of the regime. Obviously, denying the commission of inquiry only confirms its guilt to the world. That is where we have to highlight what I will propose later on.
The International Criminal Courts certainly cannot investigate on its own initiative on non-member countries, but may do so if the UN Security Council authorizes it to.
[Translation]
The Rome Statute, the treaty that founded the International Criminal Court, states that the withdrawal "shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date...nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective."
I have special knowledge of these massive human rights violations in Burundi. Although I've just spent eight years in Canada, members of my family are still in camps, along with other refugees. As said earlier, I am convinced that I can help, and that's what I'm trying, as best I can, to do.
The issue before us is what Canada can do.
Canada has a reputation for speaking out on human rights. For this, you have our gratitude. That said, there are three things that I will ask, but before I do, I'd like to briefly describe the situation that certain families and individuals I know, and speak with regularly, are experiencing. I will withhold their names and use only their initials. You have their names before you.
Let me tell you about J.N. and her five children. Her case number is G00102657. She left Burundi in May 2015 when her husband went missing. She had no specific destination, but she wanted to leave Bujumbura because she lived in a neighbourhood where the police—the militia—killed people.
[English]
After five days she reached Rwanda, and from there she got a ride that brought her to Uganda in July 2015. The situation there was not clear regarding where to go and what to request. It took her several weeks before knowing that there was a refugee camp in Nakivale, Uganda, and she went there to get registered.
Documents stating that she is registered as a refugee were provided to her in September 2015 by the government officials from Uganda. She could not survive living in that camp and she managed to find a rental apartment near the camp. It had one bedroom. Imagine, one bedroom for six people.
Two recognized organizations from Canada, the Diocese of London Refugee Ministries and the Grace Baptist Church, both in Windsor, committed to sponsor the family in September 2015. An estimated amount of $32,500 was required to be put in trust to cover any need that would arise during their first year in Canada. There was some back and forth for two months. All the required documents were filed with Immigration, Refugees and Citizenship Canada on November 25, 2015.
The processing of the application started officially on March 22, 2016, and up to now, there has been no indication of when the process will be completed. The source status that you can see on the website mentions “In Progress”. Here, the Government of Canada can do something.
From the statistics that we have available on the immigration website, it is stated that 2,050 refugee claimants from Burundi have sought asylum from 2005 to 2014. Among them, 653 Burundians who currently are staying in Canada are subject to a removal order.
I personally know more than six cases that have been denied convention refugee status and they are among the 653 Burundians subject to removal. Again, I will come up with what Canada can do.
At the country level, I may say two or three things, because this doesn't require any kind of permission. It is a decision that can be made politically and it is the sole decision of Canada.
The first thing that may be done and which I urge the Canadian government to do is to alleviate the stress of all Burundians who are subject to a removal order, and those who are still refugee claimants, by granting them a steady status, by which I mean permanent resident status.
[Translation]
When someone has been tortured, they stay tortured, even if no physical trace of the torture can be seen.
[English]
Second, Canada can instruct Immigration, Refugees and Citizenship Canada officials to speed up case processing for the sponsorship of Burundian refugees who are in Uganda, Rwanda, Tanzania, and the Democratic Republic of the Congo. Basically, it is estimated that it will take between three years and five years to get the processing done. By that time, all the people who have been sponsored may have passed away.
Third, make a political decision to take in a considerable number of Burundian refugees. This will be an unforgettable humanitarian act, the same way it was in the past for different countries. I will recall some of them.
In 2015, Canada pledged to bring in 25,000 Syrian refugees by February 2016, and this was done.
In 2008, Canada began the process of resettling more than 5,000 Bhutanese refugees over five years. This was done.
In 2006, Canada resettled over 3,900 Karen refugees from refugee camps in Thailand. This has been done.
In 1999, Canada airlifted to safety more than 5,000 Kosovars, most of whom were Muslim.
In 1992, 5,000 Bosnian Muslims were admitted to Canada to escape the ethnic cleansing in the Yugoslav civil war.
This is the same case we have in Burundi today. I will spare you the whole list. I have it.
This is something that may be done with a political decision.
At the international level, Canada can co-operate with other countries and join them in deploring the intentions expressed by the Burundian authorities to withdraw from the Rome Statute of the International Criminal Court. It can be reversed, even though it has been ratified.
Canada can deplore and condemn the decision of the Burundian authorities to suspend co-operation with the UN Office of the High Commissioner for Human Rights in Burundi. Canada can call on Burundi to reverse those decisions and co-operate fully with the United Nations Office of the High Commissioner for Human Rights and its action within the framework of Resolution 2303 (2016), of the United Nations Security Council. It calls for the rejection of violence and for respect for human rights and many other things, which we have in the document.
Next, Canada can press the Government of Burundi to stick with the resolution of the Human Rights Council of the United Nations of September 27.
Honourable Chairman, honourable members of the Subcommittee on International Human Rights, please forward this request to the Canadian government so that it may alleviate the suffering of Burundian refugees and the Burundian people.
Thank you very much.
:
Thank you for that question, Mr. Chair.
First of all, when Burundian refugees—especially in the case discussed here—leave Burundi and arrive in another country, there is no logistical support for them. It's a struggle just to know where to go. It took the person in question more than two months to know who was in charge of what.
Secondly, upon arriving in the Nakivale refugee camp, they found the situation untenable. To begin with, the militia attached to the party in power—the Imbonerakure—were already there. They fled with the others, to take a general survey and see what was happening. There were even incidents where people were stabbed or injured. There were even some deaths.
That is when most refugees decide, with the few resources they have, or based on the assumption that a benefactor somewhere will give them $50 or $100, to rent a one-room apartment just to get out of the situation. What you are saying is true: it has happened, and the report exists. Yes, there have been instances of rape, there have been instances of persecution, and the situation in these camps is problematic.
What needs to be understood is that the situation for refugees in Africa is totally different from the situation here. First of all, they get no help from the government. Secondly, if the UN Refugee Agency lends them assistance, it's just a ration to help them survive. The people are in a country where they don't speak the language, can't get work, and can't go to school because most schools are private. Obviously, if you allow three to five years for the process to take its course, the people, assuming they're still alive, are probably in a shambles, and unable to do anything constructive because their self-confidence has been shattered.
Thank you.
:
Thank you for the question.
The situation in the refugee camps is practically the same. In the camps run by the United Nations High Commissioner for Refugees, people live in tents of questionable longevity that can be destroyed by the wind, a tornado or something else. Moreover, the crowding is unparalleled. In general, a family tent is five square metres, regardless of the family's size. Such cramped conditions cause other problems, such as sickness, hunger, unwanted pregnancies, and sexual violence.
I should repeat that these people were not expecting to wind up in these camps. People don't plan their flight; they flee to survive, and once they're in the camps, they might be without food, health care, or even a tarp above their heads. If statistics about the deaths in these refugee camps were compiled, they would be alarming.
I reiterate what I said at the beginning of my testimony. When we discuss Burundian refugees, we have figures, but we don't consider the human lives behind those figures. Honourable members, the situation is dramatic.
We Burundians who live in Canada, and have family in Burundi, are sometimes up all night, talking on the phone. There's a six-hour time difference. When we have to talk to someone who is in Burundi, we need to wait until two in the morning, which is roughly 8 a.m. in Burundi. When someone tells us a harrowing story, we get no sleep.
Although the situation in Burundi is happening several thousand kilometres away, I experience it personally. I must support my refugee relatives financially. I must also give them moral support, and it has an effect on me. The situation is not just painful for me; it's painful for other Burundians who live here.
I am fortunate to have been invited to come before you, and I appreciate it. If you invite another Burundian, he will say the same thing as me: the situation is truly alarming. The people in refugee camps can't return home. From the way the government is acting, it's clear they think they can do whatever they want, now that the people are in camps. And even if those people are sponsored, they don't know when they will be admitted. They are waiting for some country to step forward and give them relief. Otherwise, in a few years, I think it will be a humanitarian catastrophe.
We're not talking about seniors; we're talking about young people and children, They are the planet's future—the future for our countries. That's why I reiterate that Canada can do something to reverse some of the suffering those people are experiencing.
:
Thank you very much for that question.
When I specified what I was expecting from Canada, those were not my personal ideas. I needed to consult Canada's Burundian community, because this is a very serious matter. It's the first time that Canadians of Burundian origin have had the opportunity to speak with parliamentarians about an important issue in Burundi. I consulted the community, and what I said is from the community.
I spoke about two levels of intervention.
The first concerns Canada. I spoke about the situation of refugees, and of people in Canada who seek refugee protection. I spoke about the refugees outside Burundi and Canada, but also about refugee claimants in Canada who are threatened with expulsion.
I acknowledge that in December 2015, the Canadian government decided to stay the removal of some Burundians. But that makes no difference, because once the diplomatic machine is put in place, and says that things are getting better and better, the 650-plus refugees in Canada will be boarded on the first available plane.
So the first level of intervention concerns Canada. The situation of refugee claimants who are in Canada, and are about to be removed, must be made easier, because they have nowhere to go. Their country is now scorched earth.
The suffering of refugees who live in camps must be alleviated as well. I gave a few examples, but could give at least 20. This isn't something I've made up. It's from the Immigration, Refugees and Citizenship Canada website, so it's in the public domain.
At the international level, I said that Canada can join voices with other countries. Yes, economic sanctions can be effective: more than 60% of Burundi's budget depends on outside assistance. In other countries, it has always produced effects.
It's true that when economic sanctions are taken against the government, it's the people who ultimately suffer. That needs to be clear. However, when the government is deprived of its livelihood, and the major lenders and donors speak out, I'm sure it can make a difference.
I'm very happy that the European Union has already taken a measure in that regard. Instead of supporting the soldiers who are taking part in various peacekeeping missions, and instead of the money flowing through government accounts, the money goes there directly. I think that measure will be effective. I think it would be good if Canada did the same thing.
I need to add one thing.
I've learned that Canada is one of the main backers of the inter-Burundian talks. Canada can use its voice to compel Burundi's government to talk with the opposition and everyone affected by the Burundi question. The government has, in effect, adopted an empty chair policy, but lenders and donors always have a say.
It is my pleasure to answer that question.
Before I do so, I'd like to let you know about the different categories of refugees we have here in Canada. This will help you understand their specificities.
Let's start by what we call the
[English]
“refugee claimant”. A refugee claimant is a person who has made the claim for protection as a refugee. This term is more or less equivalent to an asylum seeker, and is standard in Canada, while “asylum seeker” is the term more often used internationally.
[Translation]
This category of refugee claimant is not entitled to go to school.
The only thing they can do is to benefit from English courses and settlement services, with certain restrictions as to funding. I'm an employment advisor and a job developer. I know the limitations we have in relation to refugees or refugee claimants. We are told that everything concerning
[English]
what we call “incentives” for employers. When a new employee is hired, we take him as being in a kind of training. This is bringing a kind of loss to the employer who is hiring, and the government, especially the provincial government, has set up a kind of incentive to offset any kind of loss that the employer would be facing during the training.
[Translation]
Refugees, and refugee claimants, are not entitled to these services.
The second category involves
[English]
protected persons. According to Canada's Immigration and Refugee Protection Act, these are persons who have been determined by Canada to be either convention refugees or persons in need of protection.
[Translation]
It takes six to thirteen months to become a permanent resident. In more specific terms, the person will always be considered a temporary resident because his social insurance number will always start with a 9. Each time the number is seen, the thing that comes to mind is that there are services to which he will not be entitled.
And then there is the third category of refugees, the
[English]
refugees landed in Canada.
[Translation]
Those people are Convention refugees.
[English]
They are the persons who meet the “refugee” definition in the 1951 Geneva Convention relating to the status of refugees. These definitions are used in Canadian law and are widely accepted internationally.
[Translation]
I will stop there. I don't want to get into the definitions further.
I will come back to your question about the needs of Burundian refugees.
First of all, they need permanent status. That's the first thing. Secondly, they need the settlement services that are there. I can tell you that the English I speak was learned at an English school. I thank the Canadian government for it.
In short, the refugees need material and financial support.