Bringing Afghans to safety sooner

The Canadian Association of Refugee Lawyers has been following the unfolding crisis in Afghanistan with grave concern.

We support Canada’s evacuation of 3,700 individuals from Kabul, the establishment of programs for Afghans who assisted the Canadian government and for particularly vulnerable Afghans, the increased commitment to resettle 40,000 Afghan nationals through fiscal year 2023, and the prioritization of family reunification applications.

We call on the federal government and leaders of all political parties to make further commitments to ensure Canada’s response to the Afghan crisis is robust, meaningful, and accessible to the most vulnerable.

Simple measures can greatly increase access to existing programs, ensuring those who are eligible can reach safety as soon as possible.

First, we ask the government to swiftly issue temporary residence permits to Afghan family members with family reunification applications in process. Commercial flights from Afghanistan International Airport have resumed as of Sept. 9, and flights from neighbouring countries to Canada continue. Issuing temporary permits will allow these family members to travel to Canada immediately, while the security situation permits, and complete their processing here in safety.

Second, we encourage the government to use innovative tools to assist those who cannot exit Afghanistan. Canada has a history of recognizing the need to provide protection to vulnerable internally displaced persons. Over 10,000 people have already applied to Canada’s programs for those who assisted Canada or belong to vulnerable groups, many of whom have not been able to flee the country.

This includes many who have already been identified as priorities for resettlement by Canada, such as woman leaders, human rights advocates, journalists, persecuted religious minorities, and LGBTQ individuals. Canada’s resettlement program for vulnerable Afghans is, by definition, limited to individuals who are outside of the country. Despite extraordinary evacuation efforts, thousands of Afghans, including those who would otherwise qualify for resettlement, remain trapped inside Afghanistan.

Third, we ask that the requirement of UNHCR refugee recognition for Afghan nationals resettling via private sponsorship be waived and that the Afghan crisis be recognized as a prima facie refugee situation. It will be exceptionally challenging for Afghan nationals who have recently fled to obtain refugee status documentation given the security situation and the likely limited resources of both Canada and UNHCR to undertake refugee status determination in the region.

Neither the UNHCR in Iran nor in Pakistan, where the majority of Afghan refugees are located, currently has an active resettlement program. The removal of the UNHCR recognition requirement was critical to Canada’s successful response to the Syrian refugee crisis in 2015, when the minister temporarily waived it for Syrian and Iraqi refugees through public policy provisions. Canada was also able to resettle a significant number of Syrian refugees rapidly by recognizing the Syrian crisis as a prima facie refugee situation.

Fourth, and finally, it is important to maximize the number of Afghan refugees that can be resettled to Canada, while respecting our existing global resettlement commitment. While the government has committed to resettling 20,000 Afghans, it has not been made clear whether the bulk of this will occur through the government-assisted refugees program or be placed on the shoulders of private sponsors.

Given the breadth and depth of the crisis in Afghanistan, these places should be primarily filled through the government program, which is aimed at resettling those refugees identified as having urgent resettlement needs. Moreover, it is critical that Afghan resettlement efforts not detract from Canada’s existing commitment to refugee resettlement. Afghan refugees should be separate from that number, such that vulnerable refugees from other parts of the world are not negatively impacted as a result.

Prior to the unravelling crisis of the past month, there were already 2.6 million Afghan refugees registered with the UNHCR, with 2.2 million registered in Iran and Pakistan alone. It is clear more can — and must — be done.

Aviva Basman is a refugee lawyer in Toronto and the President of the Canadian Association of Refugee Lawyers.

Shauna Labman is an associate professor of human rights at the University of Winnipeg and a member of the national executive of the Canadian Association of Refugee Lawyers. Kate Webster is a refugee lawyer in Toronto and advocacy chair of the Canadian Association of Refugee Lawyers.