Escolar Documentos
Profissional Documentos
Cultura Documentos
Ana Cisneros
2004
This paper demonstrates how the 1984 Canadian immigration system failed to
“within ninety days of arrival” to Toronto as a condition for protection. After my mother
this paper is not only an attempt to make sense of my exile and pain as a war survivor,
but also to show that heterosexist and discriminatory public policies in the Canadian law
dramatically shape the lives of refugee and immigrant women. By reinforcing the cycles
of impunity in Canada and abroad, the system fails to restore dignity to refugee
communities.
I was seventeen when my mother was taken away by death squads in El Salvador.
According to witnesses, it was around 5:45 p.m. when five heavily armed men
intercepted her while she was walking towards the bus stop in the company of her co-
workers at the end of her shift at the Psychiatric Hospital. They got her into a white car
and she lost consciousness due to the beatings to her head, face, chest and back. I
managed to survive for two years between 1982 and 1984, despite the fact that her
disappearance left me alone, without a support system to face the horrors of the war in El
Salvador. Being a teenager in such difficult times was challenging for me. I remember
that before the war I was a happy teenager and a good student. I had a boyfriend who
later left for Mexico (escaping the national army’s forced conscription) and who made it
to Canada as a Convention refugee in 1983. I also had family members who had
I left El Salvador for Mexico City in February 1984, where I joined my sister in a
shelter for Salvadoran refugees. As soon I arrived, I went to the Canadian Embassy and
could get moral, legal and financial support. At the Embassy, I disclosed that I was
looking for asylum and provided testimony regarding my mother’s disappearance and the
consequences I faced because of my ongoing search for her whereabouts. My sister, her
family and I found that our lives were threatened because of our efforts to find my
mother. We were singled out by our communities, by the military and by other
Nine months after my arrival in Mexico, I received the landing paper, which
stated that I “must marry fiancée, within 90 days of landing and show proof of
compliance to Immigration within 90 days”. In box 15, the landing paper shows the full
name of my boyfriend as a person willing to assist. In addition, box 16 does not indicate
my intended occupation even though in my interview I told the Immigration official that I
was a student and a cosmetologist. Box 19 shows that my case was classified as a
Convention Refugee “CR”. Box 20 shows that my case was processed under a Special
Refugee Program. The 1978 Immigration regulations establish that “an individual may
sponsor the application for landing of a person whom she or he intends to marry upon
arrival in Canada”, therefore the couple must marry within 90 days of landing. Failure to
do so would imply removal from Canada to the person entering the country1.
1
Wydrzynski, page 106.
I was in such desperate need of refuge that I did not realize what such a
requirement meant, nor did I realize that forcing me to marry within 90 days was
discriminatory. Despite the Refugee Convention’s stipulation that the state recognize
fear of persecution in assessing the risk for a refugee, I was not accorded that right. The
fact that I was being targeted and ostracized by my immediate community in El Salvador,
and was therefore destined to live in fear and at risk if sent back to El Salvador was not
acknowledged. Even though I provided substantial evidence for assessment, I still faced
barriers to protection. My rights to life, liberty, livelihood, security, integrity, dignity, and
autonomy2 were jeopardized by the immigration system when my right to refuge3 was not
even assessed, and my status was made conditional upon an imposed marriage.
seeking protection. A refugee is “any person who, owing to well-founded fear of being
group, or political opinion, is outside the country of his nationality and is unable or,
owing to such fear, is unwilling to avail himself of the protection of that country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of the
protection of that country… is unwilling to return to it4.” The definition compels the
signatory states to provide not only protection, but also calls on them to “restore dignity”
2
Goodwin-Gill, page 8; Greatbatch, page 524.
3
Goodwin-Gill explains in page 15 that the “principle of refuge” seeks to provide a multifaceted dimension
the need of those requiring protection. It does not include “the shipwrecked, the victim of natural disaster,
the conscientious objector or the deserter”.
4
Immigration Act. 1976-77, c. 2, s.1; also, General Assembly resolution 428 (V) of December 14th, 1950.
In addition, states are asked to link persecution and human rights abuses in
international human rights instruments5. Despite the fact that Canada had signed and
ratified the Convention Against all Forms of Discrimination Against Women (CEDAW)
in 1980, in 1984 the Canadian immigration system did not acknowledge the different
experiences that men and women refugees face when fleeing a war.
requirement that assigned me a domestic and dependent role. The Canadian state was
need for protection was not assessed according to international law. The marriage
requirement violated article 16(b) of the CEDAW that recognizes a woman’s right to
persistent trend in the way protection is provided to refugee women. Most of the
protection problems for women are related not only to the breakdown of family units and
women’s domestic role during the conflict, but also to the imposition of androcentric
values by the receiving state. For instance, during 1983 and 1985, 8 153 women, who
Convention refugees because they were heads of family or because they qualified as
dependants6. Women who had families (husband or children) were more likely to
5
Guidelines on Civil War Situations, Universal Declaration of Human Rights, International Convenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the
1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War (as well as Protocol
II to this Convention), Convention on the Elimination of all Forms of Discrimination against Women and
the Convention on the Political Rights of Women.
6
Refugee Perspectives, 1986-87, Refugee Affairs Division, June 1986. P. 11
receive protection. This means that more than half of the women entering Canada
between 1981 and 1986 were in the family class, even though the Convention requires
states to look at each refugee case individually, without making assumptions or trying to
fit profiles into social norms. It’s my contention that even though the 1976 Immigration
Act recognizes the principle of universality, sex was used as a criterion for the admission
of refugees. Therefore women were admitted in greater numbers under the family class or
my “fiancé”) as my next of kin in the application form, above my other relatives who
were also living in Toronto. This denied me the choice of immigrating to Canada in the
refugee class, which back in 1984 was an adaptation of the definition of “Convention
Refugee”. Under the refugee class, anybody could have sponsored me without forcing
me to marry “within 90 days of landing”. Because I was never counselled, I was not
aware that sections 6(1) of the Immigration regulations allowed for a process to vary the
conditions, when they could not be met7. It has been established that 8 many of the
problems faced by refugee women stem from the way their status is defined through
sponsorships. This affects women’s access to social programs. I feel that landing in
Canada and receiving permanent residence status did not end my vulnerability nor my
need for protection. Instead I was subjected to gender discrimination. The Canadian state
7
Galloway, 1997.
8
The non-governmental organizations working group on refugee women organized the International
Consultation on Refugee Women, Geneva, November 15-19, 1988. The consultation provided a forum to
search for answers/ measures/ guidelines in order to address female-specific problems.
I identify several contradictions in the way my refugee case was handled. The
forced to marry. Due to a 1978 Immigration regulation, I was facing the threat of being
sent back to El Salvador if I did not marry or decided to challenge the requirement. It is
clear to me that returning to El Salvador was not an option at the time.9 Today I
discover that a refugee may not be removed from Canada unless it is on the grounds of
criminal or subversive activities10. Even then, the removal requires the consent of the
Immigration Minister.
of my age, gender, race, status or support network in Canada. Since being a Convention
refugee is an interim status12 prior to obtaining the permanent residence, there was no
need to attack my dignity and autonomy by mandating marriage. I was going to become a
permanent resident anyway. I feel as if I passed from the patriarchal custody of the
United Nations and the Canadian state to the patriarchal protection of my boyfriend. How
many times must a young woman be “rescued” in order to receive rightful protection as a
refugee?
immigration process did not restore my dignity13. The fact that the Canadian government
9
The Immigration Regulation, 1978 established that a durable solution in respect that there is no possibility
within a reasonable time for voluntary repatriation or an offer to re-settlement.
10
Wydrzinski, page 79
11
Wyndrzinski, page 17. Canada is obliged to protect refugees, as it is signatory State of the Convention
relating to the status of refugees.
12
Wyndrzinski, page 78. Convention refugees and immigrants share a state of “interim status” at some
point in their immigration process and prior to become permanent residents.
13
Greatbach 518. “Women’s experiences of persecution do not fit frameworks applied to processing of
refugee cases, because the male paradigm guides the process”.
silenced my traumatic experience affected my capacity to heal from the disappearance of
doubt that a young refugee teenager can heal when her history of war and trauma is
power, which is how I choose to name the way the Canadian state handled my case.
In conclusion, big questions remain: If there was more than one person willing to
sponsor me, why did the Immigration official choose my boyfriend to be the sponsor?
When using two different types of regulations for the same immigration case (for
example, using the refugee class and family class at the same time), why not recognize
alternative support systems for refugee women that extend beyond the nuclear family?
moments of my life. Receiving Canadian citizenship does not erase from my history the
discriminatory practices against refugee women, which are embedded in the Canadian
immigration system even today. I hope this insight into my own immigration case
makers, and to society as a whole of the dynamics and impact of sexism in the day to day
lives of refugee women. I offer this statement on behalf of those refugee women who
14
Greatbatch 519, 520. Quoting Meijer, M. “Oppression of Women and Refugee Status” 1985.
15
Charlie Roach, Racism and National Consciousness Conference, University of Toronto, October 26, 2002.
Roach elaborated on the responsibilities of those excluding others and the political dimension when the
traumatized confronts the nation. He also addressed the ethics of being of survivor.
have no capacity to go public at this point, because they may have been forced to remain
in Canada without status or forced to leave the country just in the name of “justice”.
BIBLIOGRAPHY
Boyd, Monica. “Immigrant Women in Canada: Profiles and Policies” (1987).
Employment and Immigration Canada. Pp. 16 - 20
Hathaway, James C. “The Law of Refugee Status” (1991), Osgoode Hall Law School,
York University. Butterworths Canada Ltd. Pp. 65 – 188