Issue 53 Vol III, December 15, 2007

Home Editorial Features Focus Analysis comment This our nORTH aMERICA MEDIA LAW & JUSTICE LITERATURE

C O M M E N T

An Eventful Journey- From India to Canada
FEW days ago, my grandfather shared with me a story; it was about Punjab Police’s inhospitable attitude and the graceful service etiquettes of the Canadian police. At that time I was oblivious of the fact that I would be having the first hand experience of both at the ends of the spectrum.

While I was overjoyed by the fact that I’ll finally get the much awaited and cherished Canadian immigration, I had a nostalgic feeling of leaving family and friends back home in India. Although, I had worked hard to get the Canadian immigration it was difficult to come to terms with fact that I was leaving behind my family and friends for almost forever.

The train journey from Amritsar to Delhi was unassuming and boring. When I reached Delhi airport I was shocked to see a sea of people. Although I had been to Toronto’s airport couple of time, but I had never seen such a huge crowd of people ready to fly all over the world. At first my baggage scanned and sealed. I wondering what would happen if my baggage is overweight and my worst fears came true. I settled the account by paying for excess baggage. Next was the handbag and full body scan.

Just before boarding the plane, I was surprised to see that American airlines staff again had our handbag and full body scan. This was quite unusual. Normally, after the security check people proceed to boarding the plane. The American airlines staff had a thorough security check again and that was the time when I realized that I had already lost my baggage keys. Anyhow I boarded the plane and as usual quickly went to sleep once the plane reached its altitude.

There was couple of people in the plane who do not knew any other language other than Punjabi. The American Airlines airhostesses talked only in English. I wondered if everyone in the plane understood them. Wouldn’t it be a good idea for all the airlines to have at least one person in the cabin crew who can understand the local language?

The immigration process at Chicago airport was smooth. There were no hiccups whatsoever and the whole process was quite well planned. The much dreaded officials of department of homeland security are very well behaved and professional in the conduct. The lady officer asked me a few questions and after the finger scan I was given I94.

I had to board flight to Buffalo from Chicago. The security check at the Chicago airport was really rigorous. We were asked to pass through the metal detector and then an officer came up to me and told me that he would like to pat my turban. He asked me whether I would like to get it done in public or private area. Since I was aware of my rights as a traveler, I told him that I’ll like to get it done in a private area. Two officers, one of them was holding my baggage and stuff, escorted me to a private area. One of the officer’s gently patted my turban and said I can go now.

Next day I went to Canadian embassy in Buffalo. After I got my immigrant visa, I called up a taxi from a pay phone at the intersection of the road. The person at the other end asked me about my cell number. Since I was new in the country I told him that I don’t have any. I was little apprehensive whether a taxi would arrive or not but to my surprise the taxi arrived in 2 minutes.

I called up my friend, in Toronto to pick me up and he dutifully arrived on time to take me to my new homeland, Canada. In the meantime, I was preparing mentally for the questions that immigration official at the Canada border may ask. But the lady officer at the border didn’t ask me anything much. She took my picture for official records, entered few keywords in her computer and congratulated me on becoming new Canadian. Voila! I became Canadian resident now. The police officer asked me if I’m going to bring in Canada any goods or articles on my trip, to which I said no. He just told me that you can go without checking my luggage or anything. I was happy and excited to see that it was all too simple.

Coming back to grandpa’s story where a Punjab police officer asked Balraj Sahni, author of the story, “Bau ji khopey lao te licence dikhao” means remove your goggles and show me your license and comparing it professional conduct of Canadian police officer, I guess I had experienced both forms of hospitality during my trip to Canada. But the deeper question is why the people of one country behave professionally and other is not so courteous? I should really leave the answer to this question to be explained by someone who studies culture and psychology.

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People on the move

PEOPLE from all continents are on constant move. Most in search of new pastures and but also sometimes as refugee in search of safety as some are forced to migrate, leave their home and hearth or marketed as slaves. Women, who constitute more than half of these migrants, suffer the maximum; destitution and prostitution.

In fact, the 21st century will be defined by the mass movement of people from one country and continent to another. The number of women, men and children living outside of their homeland already stands at some 200 million, almost the same as the population of Brazil, the fifth largest country in the world.

Looking to the future, it seems certain that the world will witness new and more complex patterns of displacement and migration. Unless corrective action is taken, climate change, environmental degradation and natural disasters will make life increasingly unsustainable in many parts of the planet. Armed conflicts will be initiated and fuelled by a growing competition for scarce resources such as water and grazing land.

Rising sea levels may lead to the disappearance of certain island states and the displacement of entire populations. At the same time, the growing gap between the winners and losers in the globalisation process will induce millions more people to look for a future beyond the borders of their own country.

These developments have created a number of important challenges that demand a coherent and coordinated response from the international community.

According to the United Nations High Commissioner for Refugees, “ the  first challenge arises from the increasingly complex nature of human mobility. The majority of people who move are migrants who leave their own country because they are unable to establish sustainable livelihoods, because they want to improve their standard of living and because their skills and labour are needed elsewhere.”

Others are forced to abandon their homes and seek sanctuary in another state as a result of persecution and armed conflict. Under international law, these people are considered as refugees. As such, they have been granted specific rights, including protection from being forced to return to their country of origin.

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The responsibility of UNHCR, the UN’s refugee agency, is to uphold the rights and meet the needs of this latter group. In many parts of the world, however, refugees and migrants are to be found travelling alongside each other in what have become known as ‘mixed movements’, heading in the same direction and using the same forms of transport.

These include flimsy and overcrowded boats of the type seen in the Mediterranean Sea, the Atlantic coast of Africa and the Gulf of Aden. In most cases, the people involved in such movements are not in possession of passports and visas.

Such ‘irregular’ movements have prompted many states to erect new barriers to the arrival and admission of foreign nationals. These measures have had some negative consequences, including that of preventing refugees from seeking the safety they need.

We must therefore ensure that border controls enable people to exercise their right, recognised in the Universal Declaration of Human Rights, to seek and enjoy asylum in other states.

A second challenge, and one which falls beyond the mandate of UNHCR, is to provide more opportunities for people to move in a safe and legal manner. Most states have now recognised the need for goods, services, capital and information to flow freely across national borders.

But governments are generally apprehensive about applying the same principle to the movement of people, even when they have an evident need for migrant labour.

The result has been a massive growth in the scale of irregular migration and the rapid expansion of an industry whose purpose and profit lies in smuggling and trafficking people across international frontiers.

As well as cracking down on such criminal and exploitative activities, states should consider opening new channels and expanding existing programmes of legal migration, whether it be for the purpose of seeking a job, joining family members who have already moved abroad, or gaining access to a better education.

In addition to reducing the number of irregular migrants, some of whom submit unfounded asylum applications in order to avoid deportation; such action would bring substantial economic benefits to receiving countries, who would gain from the presence of a young, active and tax-paying migrant population.

It would also have advantages for countries of origin, who would receive a substantial income from the remittances that such workers invariably send home.

The forces that are prompting many people to migrate are deeply entrenched within the international economy. It is probably an illusion to think that their numbers can be brought down substantially in the current dynamic phase of globalisation.

But greater efforts are needed to prevent the emergence of situations where people are forced to leave their homes, whether that be as a result of human rights abuses, armed conflict or other calamities that disrupt lives and livelihoods.

If this third challenge is to be addressed in an effective manner, serious efforts must be made to promote equitable and environmentally-sensitive forms of development in countries where the daily struggle for survival threatens to lead to violence and a breakdown in the rule of law.

Particular emphasis must be placed on consolidating the peace building process in fragile states which are embroiled in or emerging from armed conflict.

Above all, governments in every part of the world must be encouraged and supported to protect the lives and well-being of their citizens, thereby enabling them to live a peaceful and prosperous life in their own country. When people move from one country to another, they should do so out of choice and not because it is the only way they can survive.

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Burma: Crackdown Bloodier than Government Admits

MANY more people were killed and detained in the violent government crackdown on monks and other peaceful protesters in September 2007 than the Burmese government has admitted. According to Human Rights Watch since the crackdown, the military regime has brought to bear the full force of its authoritarian apparatus to intimidate all opposition, hunting down protest leaders in night raids and defrocking monks.

The 140-page report, “Crackdown: Repression of the 2007 Popular Protests in Burma,” is based on more than 100 interviews with eyewitnesses in Burma and Thailand. It is the most complete account of the August and September events to date.

Human Rights Watch research determined that that the security forces shot into crowds using live ammunition and rubber bullets, beat marchers and monks before dragging them onto trucks, and arbitrarily detained thousands of people in official and unofficial places of detention. In addition to monks, many students and other civilians were killed, although without full and independent access to the country it is impossible to determine exact casualty figures.

“The crackdown in Burma is far from over,” said Brad Adams, Asia director at Human Rights Watch. “Harsh repression continues, and the government is still lying about the extent of the deaths and detentions.”

Human Rights Watch found that the crackdown was carried out in part by the Union Solidarity and Development Association (USDA), a “mass-based social welfare” organization with more than 23 million members that the Burmese military is grooming to lead a future civilian government. It operated alongside the Swan Arr Shin (Masters of Force) militia, soldiers and riot police in beating and detaining protesters.

The report documented the killing of 20 people in Rangoon, but Human Rights Watch believes that the death toll there was much higher, and that hundreds remain in detention. Human Rights Watch was unable to gather information on killings and detentions from other cities and towns where demonstrations took place.

At a news conference in the new capital at Naypidaw on December 3, National Police chief Major General Khin Ye stated that, “Ten people died and 14 were injured during the monk protests from 26 to 30 September. The security members handled the situation in accord with the procedures.” Human Rights Watch has information that Khin Ye personally supervised the brutal arrests, beatings and killings of monks at the Shwedagon Pagoda in Rangoon on September 26.

The ruling State and Peace Development Council (SPDC) claims that overall 2,927 people, including 596 monks, were “interrogated,” and almost all have been released. It says that nine people have been sentenced to prison terms, while 59 lay people and 21 monks remain in detention.

Human Rights Watch said that hundreds of protesters, including monks and members of the ’88 Generation students, who led protests until being arrested in late August, remain unaccounted for. Human Rights Watch noted that before the protests there were more than 1,200 political prisoners languishing in Burma’s prisons and labor camps.

“The generals unleashed their civilian thugs, soldiers and police against monks and other peaceful protesters,” said Adams. “Now they should account for those killed and shed light on the fate of the missing.”

Human Rights Watch called for greater international action, including by the United Nations Security Council, to press the Burmese government to undertake major reforms. On December 11, the UN Special Rapporteur on human rights, Paulo Sérgio Pinheiro, will present his findings on the crackdown to the Human Rights Council in Geneva.

Human Rights Watch criticized the lack of action by countries with good relations and influence on Burma, such as China, India, Russia, Thailand, and other Association of Southeast Asian Nations members. China has made it clear that it will not allow the UN Security Council to take up Burma in any meaningful way. Despite the killing of a Japanese journalist by Burmese security forces, Japan has reacted timidly.

The HRW said,” It’s time for the world to impose a UN arms embargo and financial sanctions, to hurt Burma’s leaders until they make real changes,” said Adams. “Countries like China, India and Thailand have the responsibility to take action to help hold the generals accountable and to end this long nightmare of military repression.”

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Sri Lanka: UN Monitoring Needed as Situation Worsens

THE United Nations Human Rights Council should press the Sri Lankan government to agree to the immediate establishment of a UN human rights field operation with a strong monitoring mandate, Human Rights Watch and Amnesty International said in an open letter.

As the top UN human rights body prepares to meet in Geneva from December 10 to 14, the human rights situation in Sri Lanka is rapidly deteriorating. In the last two weeks of November alone, more than 50 civilians have been killed in Sri Lanka.

On November 28, two bombings in Colombo killed more than 20 civilians. Other civilians were killed by aerial bombardment, shelling and claymore mine attacks in northern Sri Lanka.

Since September, more than 20,000 people have been newly displaced by the escalation in fighting between government forces and the insurgent Liberation Tigers of Tamil Eelam (LTTE). In Jaffna, the number of enforced disappearances and unlawful killings continues at very high levels. Both the Sri Lankan government and the LTTE have failed to abide by their obligations under international humanitarian law to protect civilians from harm.

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