War on human smuggling could leave refugee casualties in wake Experts and advocates say asylum seekers often have no choice but to partake of 'despicable' criminals' services. By Françoise Makanda Published August 18, 2010

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DND Photo: Master Cpl. Angela Abbey

Hundreds of Tamils crowd the deck of MV Sun Sea after spotting the arrivalof HMCS Winnipeg on Aug. 12. The ship was escorted to CFB Esquimalt and the Tamils detained for processing.

After weeks of anticipation, the MV Sun Sea, carrying hundreds of Tamils from Sri Lanka, reached the Canadian coast last Friday. Its arrival has brought a boatful of attention and debate, particularly since this is the second such ship in less than a year, and there have been widespread allegations of involvement from the Tamil Tigers.

However, with no evidence yet of any overt terrorist involvement, the Harper government has instead focused in recent days on the need to clamp down on human smuggling.

"Human smuggling is a despicable crime and any attempts to abuse our nation's generosity for financial gain are utterly unacceptable," Public Safety Minister Vic Toews told reporters on Friday, adding later: "If the business of human smuggling is not profitable and the crews of these kinds of vessels are deterred, then the likelihood of these vessels coming to Canada is greatly reduced."

Recent government reports suggest that the nearly 500 passengers on board had to pay up to $50,000 each to secure a spot in the vessel. If true, the operators—allegedly the Tamil Tigers, but possibly another organized crime group—would have pocketed nearly $25 million, minus costs. These funds could then be funnelled into other illicit activities.

The Sri Lankan government, while not yet offering any proof, maintains the Sun Sea is part of a network that once supplied arms to the Tamil Tigers and has since transformed itself.

"The shipping network, arm smuggling network, has now turned to human smuggling," Sri Lankan High Commissioner Chitranganee Wagiswara said in an interview with Embassy last week. "And this is part of that operation. To bring people to Canada."

Benjamin Perrin, an assistant professor at the University of British Columbia's Liu Institute for Global Issues, says aside from dangers to global and national security, cases of human smuggling can easily become cases of human trafficking, in which the potential refugees are sold or suffer some other fate.

"If smuggling takes place and the individual owes fees or a debt and it may be far more than what can be repaid, the individual is then forced into prostitution or is not able to leave the situation at all," said Mr. Perrin. "That's why they become victims of crime. They require assistance and protection."

The best way to stop human smuggling, say some experts, is make it too expensive for the operators.

"We have to make sure their [smugglers'] activities don't provide financial success," said John Thompson, president of Mackenzie Institute, a Toronto-based think tank dealing with terrorism and organized crime. "We have to find ways to make it unprofitable and that's by telling everyone that they will be refused entry. If the word got around, smugglers wouldn't make a profit because there's nobody to sell the seats to."

As things stand now, they say, Canada is failing on that front. The Sun Sea is the second Tamil ship to arrive in Canada in less than a year. In October, the Ocean Lady, carrying 76 Tamil men, was discovered off the coast of BC. The men were detained for several months but have since been allowed to file refugee applications.

"This is the second boat involving Sri Lankans," said Mr. Perrin. "The Ocean Lady was a probe to test the system. We certainly know that Canada has been a destination for smuggling and trafficking."

Addressing root causes

However, immigration and refugee experts say as despicable as human smuggling may be, it is the primary way—and sometimes the only available way—asylum seekers arrive in Canada. As a result, to clamp down too hard will leave genuine refugees unable to reach safety. In 2009, there were almost 34, 000 refugee claims referred to the Immigration and Refugee Board, about a third of them having been accepted.

"Hundreds of refugees arrive on a self-selected basis using people smugglers every day," said Sharry Aiken, a refugee expert at Queen's University. "As we speak, people are arriving at land borders and airports across the country, whether it's Montreal, Toronto or Vancouver, claiming asylum having retained the services of people smugglers.

"In and amongst those would be asylum seekers with criminals records, who are security risks, people who are otherwise inadmissible to Canada, and that's why we have legal procedures to sort it out."

In fact, some experts argue that recent efforts to close Canada to foreigners through visa requirements and other restrictions actually contributes to human smuggling.

"Since we erected barriers for our border, we created a market," said François Crepeau, a professor at McGill University. "We've said it's illegal, but when people are desperate to come, they find ways."

Mr. Crepeau believes that even if the government cracked down on asylum seekers coming by boat, "it won't stop people from coming in illegally. We need durable solutions."

There must also be a distinction made with regards to so-called smugglers, said Sean Rehaag, a refugee expert at York University's Osgoode Hall Law School.

"The current government should distinguish between human smuggling for economic purposes and providing transportation to legitimate asylum-seekers who want to make a refugee claim," he said. "Those people who provided that transportation can potentially go to jail for life for providing people a means to escape persecution."

Mr. Rehaag said the Canadian law is written too broadly and can wrongfully incriminate those who are genuinely helping asylum-seekers seek refuge.

"There isn't a legal way to come Canada," said Mr. Rehaag. "If we are serious that we want to stop human smuggling but not stop refugees, we have to make an avenue available for them to come to the country," Mr. Rehaag said.

Gloria Nafziger, a refugee campaigner at Amnesty International Canada, said the best way to crack down on human smuggling while ensuring genuine refugees aren't left out in the cold is to address the root reasons they are fleeing.

"What are the conditions that force these people to take such incredible risks with their lives?" she asked. "We need to find ways of dealing with root causes to issues as well, and one way of preventing flows of refugees is dealing with root causes."

fmakanda@embassymag.ca