Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.

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The social organization of Canada's inland refugee determination system is explored in this institutional ethnographic study. First listening to refugee claimants' experience from their vantagepoint on the margins of society, the research then explicates the complementary social relations of the refugee determination system in order to examine the contributing social organization and underlying ideology of the politico-administrative system. Three adult, English-speaking single Nigerian men, seeking Convention refugee status or permanent resident status, were interviewed. Phenomenological methods were utilized to analyze the data. An initial explication of the social relations of the system was conducted through the observation of refugee determination hearings and interviews with knowledgeable informants. Through these interviews and textual analysis, ideology at the politico-administrative level was explored. The findings reveal a contradiction between refugees' expectations based on Canada's international reputation in refugee protection and support of democratic rights, and their reception in Canada. Refugee claimants spoke of their dual experience as characterized by exclusion and marginalization from Canadian society at the very time that they needed to reconstruct their sense of self and adapt; of being held suspect as 'criminals' and 'illegals' by the refugee determination system until proven 'genuine'. Inclusion depended on success in the socially, culturally, and politically constructed Canadian refugee determination system; a process that was foreign to them. Comprehension and successful participation in this process depended in part on the support, resources, and information they accessed during their initial settlement period. The organization of the refugee determination system with a focus on the Immigration and Refugee Board (IRB) revealed complex independent decision-making in a highly decentralized, but hierarchical and non-transparent administrative system. Inconsistencies in decision making and in the degree to which refugees had the opportunity to relate their experience in refugee determination hearings were articulated and observed. Aspects of the system such as selection of members, institutional culture, independence of the IRB, and discourse on refugees in the Canadian media and society were indicators of how the social relations of the system were organized by an underlying ideology. Implications for the profession of social work and for social change were examined.

Through interviews, observation of refugee hearings, the analysis of negative decisions rendered by the Immigration and Refugee Board (IRB), and the application of communication, and social work theories, as well as discourse analysis, this study explores the effects of intercultural communication on the outcome of the refugee determination hearing. It is argued that a gap exists between the principle of cultural receptiveness at the IRB, and that which occurs in the hearing. This paradox is testimony to the difficulties of applying the international definition of a Convention Refugee to a socially and culturally-constructed refugee determination process. The political, social, and cultural context in which the IRB functions, the Board's institutional culture, which mirrors the social discourse on refugees, and the way individuals ascribe meaning to information in a culturally-defined manner, all have an impact on the outcome of the hearing, and in turn on refugee protection in Canada.

The thesis focuses on the Immigration and Refugee Board of Canada's Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution, released in 1993. The guidelines were designed to address a perceived shortcoming in international refugee law and its domestic applications, namely, the omission of gender-based persecution from the protection of the 1951 United Nations Convention Relating to the Status of Refugees. The omission of gender from the UN Convention had resulted in gender inequalities in the evaluation of asylum claims, inequalities the Canadian guidelines were designed to correct. However, since the inception of the guidelines, critics have dismissed the directives as numerically ineffective, pointing to the low numbers of women requesting asylum on the basis of gender-related persecution. While such a numerical analysis may be useful, the thesis argues it is incomplete. The thesis centres instead on the vital consciousness-raising role played by the guidelines, both domestically and abroad, and on the concrete results engendered by this function in the international realm of women's human rights.

Resettlement is one of three durable solutions, which the United Nations High Commissioner for Refugees (UNHCR) uses to achieve refugee rotection. Refugees are assumed to locally integrate, voluntarily repatriate or resettle. Too many of the world's refugees, however, are left to linger in non-durable conditions in countries of first asylum that are often only minimally safer than the countries they have fled. Where neither local integration nor repatriation is possible, resettlement is the only option. Resettlement requires a third country to be willing to accept refugees into its territory. While signatory states to the 1951 Convention relating to the Status of Refugees (1951 Convention) are obliged not to refoule asylum seekers at their borders, they have not committed to accept refugees for resettlement. By geographic distance, presumptions of safety, and a lack of legal obligations, those refugees who fail to make it to the frontiers of safe states are simply not seen. These refugees remain so far removed in a vague, far-off realm that they are rendered invisible. Their invisibility is reflected in the 1951 Convention's silence on obligations to them, the dearth of academic examination of resettlement, and media and government attention only in the celebratory act of making a small number of such refugees visible and legal, through the act of bringing them within a protective state's borders. Despite their invisibility, the protection needs of those refugees left outside the borders of safe states remains. The goals of this thesis are therefore to create visibility and increase resettlement. Resettlement is examined from its theoretical motivations, historical origins, current manipulations, and future possibilities - both generally and through an examination of the Canadian scheme. The thesis closes with recommendations for resettlement reform. They are targeted at UNHCR, the international community, national governments, and Canada in particular. For resettlement to offer a fair mode of protection a comprehensive and global model of resettlement must be designed and, ultimately, implemented. / Law, Peter A. Allard School of / Graduate

The social organization of Canada's inland refugee determination system is explored in this institutional ethnographic study. First listening to refugee claimants' experience from their vantagepoint on the margins of society, the research then explicates the complementary social relations of the refugee determination system in order to examine the contributing social organization and underlying ideology of the politico-administrative system. Three adult, English-speaking single Nigerian men, seeking Convention refugee status or permanent resident status, were interviewed. Phenomenological methods were utilized to analyze the data. An initial explication of the social relations of the system was conducted through the observation of refugee determination hearings and interviews with knowledgeable informants. Through these interviews and textual analysis, ideology at the politico-administrative level was explored. The findings reveal a contradiction between refugees' expectations based on Canada's international reputation in refugee protection and support of democratic rights, and their reception in Canada. Refugee claimants spoke of their dual experience as characterized by exclusion and marginalization from Canadian society at the very time that they needed to reconstruct their sense of self and adapt; of being held suspect as 'criminals' and 'illegals' by the refugee determination system until proven 'genuine'. Inclusion depended on success in the socially, culturally, and politically constructed Canadian refugee determination system; a process that was foreign to them. Comprehension and successful participation in this process depended in part on the support, resources, and information they accessed during their initial settlement period. The organization of the refugee determination system with a focus on the Immigration and Refugee Board (IRB) revealed complex independent decision-making in a highly decentralized, but hierarchical and non-transparent administrative system. Inconsistencies in decision making and in the degree to which refugees had the opportunity to relate their experience in refugee determination hearings were articulated and observed. Aspects of the system such as selection of members, institutional culture, independence of the IRB, and discourse on refugees in the Canadian media and society were indicators of how the social relations of the system were organized by an underlying ideology. Implications for the profession of social work and for social change were examined. / Arts, Faculty of / Social Work, School of / Graduate

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No description available.