From Illegal to irregular: Changing the public image of refugees

By Jennifer Lorentz,  Departments of Political Science and Slavic Studies, University of Victoria (undergraduate student )

Illegal to irregular: how the Canadian government has attempted to change the discourse of the immigrant image in the media through tone

 Media and the Canadian Government

The media has undoubtedly played a large role in the portrayal of asylum-seekers in North America, particularly since the mass increase in immigration toward Europe around 2013. The emergence of new political parties driven by the anti-immigration discourse and new political platforms built on immigrant policy have continued to fuel the debate of migration policy. The ability to access media relatively quickly and easily has allowed people to not only shape their opinions on the matter, but contribute their thoughts back through social media. How the media approaches topics and the words they use create a tone, whether intentional or not.

The government and the media are closely linked. Television is still one of the most important mediums between the government and the people (D’Erman, 2019). Actions that the government takes are broadcasted to the public. Not all countries are like Canada, where there is more separation between media and government. The country I will be making a link to, Hungary, is narrowing that separation, especially after recent developments of hundreds of media outlets donated to a foundation run by the Hungarian Prime Minister.

Image of the Immigrant Through Canadian Policy

Steven Vertovec’s “The Culture Politics of Nation and Migration” is an interesting and very applicable view in Canadian immigration policy today and how Canadian citizens may view mass immigration. Canada, a country that celebrates legally-mandated multicultural policy, has had many political figures step forward to announce immigration as a national threat to Canadian culture.

Vertovec’s point is interesting, he says that the representation of immigrant culture constituted in “policies, state institutions, the media, and everyday perception surrounding key categories such as borders, legality and the law.” Canada has created its own idea of what an immigrant looks like through policies and laws. For example, Quebec’s proposed policy of banning niqabs. Using the niqab as representation of an immigrant, and then attempting to make the covering illegal might cause a false connection between the niqab and illegal immigrants, or niqab and illegal activity.

How Canadian Policy and Media Affect the Population

Like the media mentioned earlier, the voice of the government is an influence on the Canadian population. The kinds of policies and laws the government passes, also instead, have an effect on how the people approach immigrants. In what tone the government publishes official documents has an effect on how people receive the information. Although the change of a single word seems small, it can be snatched up by the media and broadcasted to the population. As shown in the example later of “illegal” to “irregular” even something a seemingly as simple as changing a word is broadcasted to the public to make news over changing something seemingly so small.

“Illegal” to “Irregular” in Canada

More recently, in July 2018 the Canadian immigration department run by the Liberal federal government and the Progressive-Conservatives of Ontario debated the use of particular words in a government-based informative page concerning asylum seekers in Canada, arguing that the words were used to create a negative tone. This came after the federal government edited a document published by the Progressive-Conservative provincial party in Ontario to remove the use of the words ‘illegal’ and ‘illegally’ to ‘irregular’ and ‘irregularly’. The idea of the Canadian government was to “minimize mischaracterization of asylum seekers as being in Canada illegally”. This change garnered support and criticism of all types through various political parties.

In relation to Vertovec’s point, the Liberal federal government and the Conservative provincial government are arguing over the use of certain words. How the asylum seekers in this article are portrayed can change people’s perception on the issue when the media brings attention to it. This brings me to some questions.

Should there be a standardization of terms concerning immigrant policy, and who might be held accountable to follow this? Does standardization help push one political agenda over another? How can a person ensure they are reading objective government material or is there even such a thing?

https://www.cbc.ca/news/politics/asylum-seekers-immigration-illegal-irregular-federal-government-1.4847571

https://www.ctvnews.ca/politics/illegal-or-irregular-what-s-the-proper-term-for-canada-s-border-crossers-1.4071533

https://globalnews.ca/news/4355394/illegal-or-irregular-asylum-seekers-crossing-canadas-border/

Issue of Standardization

Enforcing standardization in the government could be considered a political tactic. The use of certain terms helps drive different platforms. A party with a platform built on anti-immigration may use the terms “illegal” and “illegally” to appeal to a particular population, while a party that is pro-migration into Canada may use other terms. Standardization may favour a certain opinion over another. While both terms could be technically correct depending on context, they carry different tones in writing that could sway a citizen’s opinion on the matter.

Connection to Hungarian Media

Hungary is experiencing a problem with media outlets having a suspiciously strong anti-immigrant theme after being donated to a foundation with ties to the Hungarian Prime Minister. This is quite an extreme case to compare to, but it helps show what the media is capable of. Any move the Prime Minister makes is turned into a story and broadcasted to the Hungarian population.

While not to the extreme of Hungary, is Canada using the same tactic to influence the public’s perception of asylum-seekers as well? Was the use of the term “illegal” by the Conservative government an example of the Conservative government attempting to drive a certain idea for the media to broadcast to the people? Was its change to “irregular” by the Liberal government also an example? As mentioned earlier, most Canadians rely on the media to learn about politics. It is not likely that the population is combing through government documents online to learn about current politics.

This argument has already made many headlines. Were these examples of the different forms of government attempting to use the media to reinforce their party idea? Which term should the immigration department be using to describe asylum-seekers? Should government documents be objective?

Canada’s border and Migration policies in comparative perspective

by Franziska Fischer, PhD student at the Department of Political Science at the University of Victoria

On Tuesday, November 13th, 2018 the Jean Monnet Network  at UVic brought together a network of scholars, lawyers and practitioners in order to discuss Canada’s border and migration policies in comparative perspective. The focus of the workshop emphasized the interconnection between public and political narratives and policy-making in a Canadian and European Union context and its effect on border-regimes. Three different Panel discussion and a concluding Roundtable discussion brought together the different perspectives of the participants on recent migration trends in Canada and the EU and offered a glimpse into potential policy-making approaches, and its obstacles and issues.

Dr. Emmanuel Brunet-Jailly introduced in his opening remarks the overarching theme of the workshop: the tension arising between migration and the concept of freedom and mobility that consequently results in a divergence between legislation and practice. This we can be witnessed in the European Union, as well as in Canada, where the perception of a refugee ‘crisis’ resulted in new interpretations of established border policies, such as the Schengen-Agreement in the EU and the safe-third-country agreement between Canada and the United States.

But how come we see these changes most recently? While migration has increased in volume over the past century, it has not increased in proportion to the world population. Thus, the trigger for recent changes sociopolitical trends concerning managing migration must be identified, rather than in demographic facts, in the perception of recent migration trends. The perception is that of a crisis, which is created, enhanced, reproduced and exploited through several channels to the public and the political landscape, including the media, legal definitions and political actions amongst many more. This constructed discourse regarding migrants and especially refugees in the recent years has created a path leading towards distinct policies.

The first Panel set the context by addressing ethical questions and humanitarian issues regarding global border and migration policies, critically evaluating the frames and labels that facilitate the creating of the current perception on migration in Canada and the EU. In Canada, migration and specifically the arrival of refugees is aimed to be connected to economic potential and progress, while in the European Union the perception is rather connected to an economic burden of the Member States to accommodate the influx of people. Nevertheless, in both contexts, regardless of the perception of economic potential or burden, migration is inherently connected to a security threat. Failure of existing institutions and policies to address this perception resulted in the theme of a ‘crisis’, with which recent refugee migration is now instantly connected to. The frame ‘crisis’ supports the notion of an existential threat and attaches a criminal identity to refugees by them simply crossing the border. This then results in an increase in police force, border patrols and even the closing of borders in both Canada and the European Union. The perception fails to distinguish between different types of migration, initiated through different types of conflict, economic necessity or climate change, which are all individually in need of distinguished policy consideration. National and international institutions and policies already in place fail to manage these different policy needs. Concluding the first Panel was the recognition of issues in the framing the situation that leads to a discourse which pushes for certain policy changes, such as the securitization of the border which will or is failing to respond to the situation.

The second Panel addressed already existing national policies in place in Canada and in the European Union and identified their shortcomings based on a flawed perception of the situation. The national policies in place within the Member States of the European Union differ from those in Canada, as the European Union provides an overarching political framework that ought to administer and manage the implementation of national policies based on a European Union wide standard encoded in its legislation. While all Member States initially agreed to a certain policy structure regarding migrants and refugees, we can witness three distinctions in national reactions within the European Union: Welcome-culture nations; Status-Quo nations, and Refusal countries. However, within all three reactions there were changes implemented in their national adaptation of the EU policy in direct answer to the perception of the security threat through migration. Consequently, two major EU legislations are at stake, the Schengen Agreement and the Dublin Convention and the concept of freedom of mobility in the European Union is no longer perceived as an advantage. Canada, being in a geographically different position that European Union Member States, nevertheless struggled to contain an anti-immigrant rhetoric. This resulted in a decline in the admission of Permanent Residents under the Family and the refugee categories in addition to the declining levels of government assistance in contrast to a rise in privately sponsored refugees. While Prime Minister Trudeau urged to the public that ‘diversity’ is Canadas strength, other voices connecting crime and migration are very loud in the Canadian political landscape. This leads to the questions: what can really explain this refusal attitude? Is it based in history, culture, populism, discourse or economic factors? And if policy is created based on a flawed perception how can we in academia ‘through sand’ into the mechanisms of policy making?

The final Panel added different perspectives from the field to the academic debate about policy-making based on public perception. The evolution of the US-Canada border underlines the increasing role of technology within border-policy-making. Biometric necessities and identification procedures are on the rise as tools to cope with the fear driven perception of an increasing migration trend in Canada as well as in the European Union. Administratively, in both Canada and the European Union we can witness huge backlogs of any refugee and asylum claims, as well as other entry classification categories, which now take up to 20 months in Canada and in some cases in the European Union have reportedly been on the shelf for more than four years. The solution for these huge backlogs seems to be in many instances sought in closing the borders rather then dealing with it administratively. What ultimately plays into the perception of the situation that calls for a refusal attitude mirrored in national policy is the representation of the situation in the media.

 

But how can we deal with this issue over fact and fiction in the perception of migration and refugees? How can we shape opinions and perceptions and direct them towards a more fact-based understanding? Would this necessary result in a different knowledge production that inherently leads down a different policy path? Or is there a different point of entry to this issue rather than discourse and meaning-making? By shedding light and connecting important dots regarding the creation of narratives and producing policy-outcomes, this workshop has set a very comprehensive framework in order to move forward creating a more distinguished soil for growing policy-recommendations. All participants deem it crucial to address the discourse and perception regarding migration and refugees before implementing policies and urge to acknowledge the potential for political actors to exploit a certain refusal perception for their agenda. As further steps, we now need to find methodologies and tools to disrupt and unlearn, what has been produced out of a place of fear, rather than compassion, or even merely a fact-based understanding of the situation.

Sexual Orientation and Gender Identity (SOGI) asylum claims in Canada

by Bridget Woods, UVic Student

The Immigration and Refugee Board of Canada (IRB) has recently updated its ‘Guideline 9’ on Sexual Orientation and Gender Identity and Expression.

The new guidelines have come from concerns identified from past proceedings from the IMB that relate to claim refusal. The new guidelines maintain that those who experience persecution based on their sexual orientation or gender identity and expression qualify as a social group, which enables them to be considered under the 1951 Refugee Convention. Another asset to the guidelines is its acknowledgement of the spectrum of sexual and gender characteristics, going so far as to call standard terminologies deficient in their scope and understanding of global and societal variety. The guidelines make particular mention of the importance of understanding country of origin information, focusing on the on the ground reality rather than statutory law. In addition to its progressive use of definitions and language, the guideline is apt to recognize intersections of sexual and gender identities with identifiers such as race, class, religion, and age. Particular attention is given to unique threats for children with SOGI expression, which is a precedent setting move in the global arena of SOGI based refugee claims. Although these changes are promising, there are also shortcomings with the new Canadian guidelines. One example comes from the guidelines understandings of persecution. If same-sex acts are criminalized in a country, the guidelines do not consider that environment as grounds for persecution, however- if someone has to conceal their sexual or gender identity, that may be considered persecution. These dubious parameters leave too much room for refusal for those experiencing repressive regimes. Overall, the guidelines signal a positive move towards recognizing the intricacies of claims based on SOGI expression, and if it can be clarified accordingly, it may lead the way for global recognition of SOGI based refugee claims.

Canada’s Responsibility for Climate Refugees

UVic Student, Isolde Murdoch – Feb 11, 2017

As the number of people who are displaced from climate-related environmental disasters, such as droughts and hurricanes, rises exponentially across the globe, the question of responsibility arises. Many people think that the governments of the people experiencing displacement due to environmental factors should be held accountable to care for their “own” people. Why should we have to spend our financial resources helping other countries deal with their problems? That is their problem, isn’t it? Take care of our own first, right? But what if, we are responsible for the existence of climate refugees?

As a wealthy, developed nation, Canada is a large contributor to greenhouse gas emissions, as well as a leader in extracting the natural resources of other nations, and by means of doing so, causes environmental degradation that forces people to flee their land. Canada has a history of displacing persons from their land – notably, the First Nations. European settlers have, and continue to, segregate First Nations in deplorable living conditions, deplete their resources, take away their livelihoods and erase their culture and identities. It is not until recently that these atrocities have been put in the spotlight, and discourses around reparation have occurred.

Will is take just as long for the Canadian government to take ownership over their role in creating vast numbers of global environmentally displaced persons? Unfortunately, the devastating effects of climate change and environmental destruction are occurring, and time is not a luxury we have. Without the actions of Canada – and the international community – the creation of climate refugees could result in being the largest epidemic of ethnic cleansing that the world has ever seen.