figt means ligth and hope for those who wanted justice in the honest way being who we really are. Is not fair a system that not care about individuals and families on human rights,it's an injustice,the goverment lacks of capacity on compassion and understanding.

Canada has recognized this basic human right since 1951 when it signed the Convention relating to the Status of Refugees (the Geneva Convention). The right to life, liberty and security of the person is also enshrined in the Canadian Charter of Rights and Freedoms.

To be granted asylum in Canada as a refugee, a person must be outside his or her home country and have a well-founded fear of persecution. According to the Geneva Convention, the fear must not only be well-founded, the persecution must also be based on reasons of race, nationality, membership of a particular social group or political opinion. However, a less restrictive interpretation of the feared persecution may also lead to refugee status. For example, Canada recognizes that women can be persecuted because of their gender and that the definition of a refugee should be interpreted to also include this form of persecution. A variety of circumstances can make a person a refugee. Some examples can be found here.

Education Not Deportation from No One Is Illegal - Toronto on Vimeo.

Canada has obliged itself to protect genuine refugees, that is, not to send them back to persecution. People who get to Canada on their own can claim refugee protection at any border point, or inside Canada, at a Canadian Immigration Visa Office.

Refugee claims are complex and there is always a lot at stake. It is always advisable for people seeking refugee protection to be represented by a competent Canadian attorney with expertise in this particular area of the law.

.A human rights activist who is persecuted by the state for her criticism of government abuses

.A union leader who is threatened with violence by businesses who enjoy tacit support from the government

.A gay man or lesbian who is beaten up by gangs of homophobic hooligans in a country that outlaws homosexual acts

.A member of a religion that is being suppressed by the government

.A woman who is subjected to repeated physical abuse by her husband in a country where conjugal violence is condoned

.A member of an ethnic group that is persecuted by the state

.A teacher in a country where intellectuals are denounced as traitors of the people

.A person who openly criticizes a rebel group in a country where the government cannot protect its citizens against rebel attack

.A person who is persecuted because he is suspected of opposing the government, even though he is not politically active

The child of an imprisoned political leader who is viewed as a threat by the current regime The witness of a massacre committed by the military that the government wants to cover up

A student activist after the government has suppressed a student movement

No One Is Illegal Toronto Confronts Minister of Immigration Jason Kenney Again from No One Is Illegal - Toronto on Vimeo.

What is Wrong With Canada's Immigration System? from No One Is Illegal - Toronto on Vimeo.

Bill Curry Ottawa — From Tuesday's Globe and Mail Published on Monday, Nov. 02, 2009 9:24PM EST Last updated on Wednesday, Nov. 04, 2009 3:52AM EST

The number of refugees gaining asylum in Canada has dropped dramatically under the Conservatives as new figures reveal the impact of the government's efforts to transform this country's immigration system.

New statistics released by the government show the number of successful claims by refugees living in Canada fell to less than half of what it was when the Conservatives came to office.

The final immigration numbers for 2008 – as well as future projections – come as Citizenship and Immigration Minister Jason Kenney is promising to refocus Canada's refugee system on what the government calls “real victims” rather than migrants seeking to abuse the process.

During the summer, the government imposed visa restrictions on Czechs and Mexicans as part of a broader attempt to block bogus refugee claims filed from within Canada. A spokesman for Mr. Kenney noted Monday that Mexico was the top source of asylum claims in 2008, yet the Immigration and Refugee Board rejected those claims at a rate of 90 per cent.

Spokesman Alykhan Velshi said the department expects that in 2010, Canada will resettle 3,900 refugees from Iraq, 2,900 Karen refugees from Burma and 2,500 Bhutanese refugees.

Critics say the numbers show a lack of compassion and a potential disregard of the government's obligations under the Charter of Rights and Freedoms to provide people with a fair hearing before deciding whether to deport them. They say lower targets will mean thousands of refugee claimants living in Canada will face further delays in hearings, and more will be deported to a very uncertain future.

“If we deport the wrong person because we denied their claims, some of them suffer torture, beatings, occasional death … drastic consequences,” NDP MP Olivia Chow said. She pointed to a report last month that a 24-year-old woman who was murdered in Mexico had made two failed refugee claims in Canada.

Citizenship and Immigration's annual report, released on Friday afternoon, revealed that the number of refugees approved after applying in Canada dropped by 56per cent from 2005 to 2008.

The report also shows the projected number of refugees who will be accepted from within Canada – known as “inland protected persons” – will remain near the lower 2008 levels both this year and next.

The lower numbers reflect the fallout of a refugee determination system that slowed to a crawl in the first two years after the Conservative defeat of the Paul Martin Liberal government in 2006.

The Conservatives vowed to overhaul the Immigration and Refugee Board – the panel that rules on refugee claims –saying it had become a haven for Liberal political appointees.

But in the move to a new system, many board positions were vacant for months, swelling the case backlog and limiting the number of hearings. There is now an 18-month delay between a refugee claim in Canada and an IRB hearing.

According to the minister's spokesman, the time it took to change the IRB appointments process is the main reason for the drop in the 2008 numbers. But now that almost all of the board positions have been filled, he said, the numbers will climb again in the short term.

However, Mr. Velshi said the report's projections do not take into account the minister's plans for a new system that will weed out “bogus” claims made in Canada more quickly while still respecting the Charter.

“Clearly our system is being abused,” Mr. Velshi said. “[The minister] plans to reform our asylum system to give a faster decision to real asylum claimants.”

Janet Dench, the executive director of the Montreal-based Canadian Council for Refugees, said the report's numbers show a clear change in Canada's approach to refugees.

“Canada is becoming dramatically less welcoming toward refugees,” said Ms. Dench, who takes issue with the government's assertions that it is showing an openness to refugee applications from abroad. “It's a very bleak, bleak picture for refugees and for Canadians that care about refugees.”

Immigrants constitute approximately 17 percent of the Canadian population. Canada accepts approximately 225,000 new immigrants a year, and of these 20,000 are refugees. Almost half of Canada’s immigrant population lives in Ontario, making up over a quarter of its population. Statistics Canada projects that by 2017, 20 percent of the nation’s population will be visible minorities, up from 17 percent in 2001.1

Immigrants have a lower rate of mental disorders than the native-born Canadian population, with the exception of post-traumatic stress disorder (PTSD). Among those immigrants and refugees who experienced torture, war, and persecution in their home countries, the incidence of PTSD is high.

Stresses associated with immigration and resettlement may also put immigrants and refugees at increased risk for developing mental health problems. Some of the stresses involved in resettlement may include an inability to speak one of the official languages, prejudice and discrimination from the host society, low socio-economic status, separation from one’s family, and isolation from one’s cultural background.

Although mental illnesses have similar symptoms across cultures, their manifestations and how people describe and interpret symptoms vary with ethnicity and culture. For instance, some ethno-cultural groups are more likely to present emotional problems as physical problems. Similarly, stigma within a culture varies according to the cultural and sociological backgrounds of the community. There is evidence that ethnic minorities experience mental illness stigma more harshly than majority groups.2 Due to family-shared shame, and different cultural perceptions of mental illness and its causes, many members of minority groups delay treatment. According to a national mental health survey, immigrants were less likely to use a health service for mental health reasons. http://www.ontario.cmha.ca/about_mental_health.asp?cID=23054

Statistics Canada reports that each year Canada accepts approximately 225,000 immigrants. Of these,about 20,000 are refugees. In 2001, the proportion of foreign-born Canadians was the highest in 70 years. The visible minority population has increased three-fold since 1981. There were more that 200 ethnic groups reported in Canada as of 2001. SCOPE OF THE ISSUE _________________________________________ • Factors which negatively influence adjustment include: a drop in socio-economic status following migration; inability to speak the language of the host country; separation from family; lack of friendly reception by the host population; lack of ethnocultural community to provide support; a traumatic experience prior to migration; and family, migrating during adolescence or after the age of 65. • Immigrants may have suffered natural and man-made disasters including war, torture or repression.Those who have experience torture are at particular risk for mental health problems. • The mental health of immigrants and refugees is similar to Canadians with the exception of higher rates of post-traumatic stress disorder. Most refugees experienced persecution and torture in their home countries and have been separated from family members for significant periods even before arriving in Canada.

• Those who need mental health services may be reluctant to seek help due to the stigma attached to mental illness and cultural and linguistic barriers. • Adolescents face challenges integrating past trauma and defining new identity within and between two cultures. Newcomer youth were twice as likely to suffer from depression than individualsaged thirty-five and older. Statistics on suicide are consistent in portraying the young as distressedand vulnerable. • Women and seniors may face a loss of independence and social support structures. • The federal and provincial devolution of responsibilities have left cash-strapped municipalities cutting English as a Second Language and settlement programs, further limiting community participation and economic opportunity. • Discrimination negatively impacts mental health and limits employment access. Foreign-trainedprofessionals have difficulty having their education and skills accredited resulting in underemployment.Thirty per cent of immigrant families with children are living below the poverty line. • Refugee claims take up to five years to process, leaving thousands of refugees in legal limbo causing long-term mental health concerns for refugees living with uncertainty.

Citizenship and Immigration Canada (CIC) was established in 1993 to link immigration services with citizenship registration, to promote the unique ideals all Canadians share and to help build a stronger Canada. The emphasis of CIC’s settlement programs is to assist newcomers to make optimal use of the services that are available to the public in all provinces and territories. Support to immigrant-serving organizations – CIC funds hundreds of organizations that help newcomers settle into life in Canada. Many of them represent a number of different types of multicultural agencies and associations, so they can help in several ways. They may provide language training, or assist in locating jobs and housing. They may also provide support for women, children, andfamilies who are dealing with domestic violence. Many of these organizations provide services in the client’s first language, which may be helpful in the first few months. Key settlement programs include: ISAP (Immigrant Settlement and Adaptation Program) – This program is designed to help new immigrants with immediate needs by referring them to economic, social, health, cultural, educationa land recreational facilities; and by providing: • information and orientation on banking, shopping, managing a household, etc.; • interpretation or translation services when necessary; • para-professional counselling; and, • employment-related services. ETC... http://www.cmha.ca/citizens/immigrationENG.pdf

http://www.iglhrc.org/cgi-bin/iowa/article/publications/reportsandpublications/852.html ********************************************************************************** This shadow report was prepared by Global Rights, Grupo Safo, the International Gay and Lesbian Human Rights Commission (IGLHRC), the International Human Rights Clinic from the Human Rights Program at Harvard Law School, and the Nicaragua branch of the Red de Personas Trans de Latinoamerica y el Caribe. The report was submitted to the United Nations’ Human Rights Committee to contribute to their evaluation of Nicaragua’s compliance with the International Covenant on Civil and Political Rights (ICCPR). The Human Rights Committee regularly reviews submissions from every state party that has ratified the ICCPR. Non-governmental organizations (NGOs) can submit “shadow reports,” which serve as supplementary information to UN Committee members. In these reports, NGOs offer their own evaluation, based on their own reports, of the state’s compliance with the treaty. For more information about Nicaragua’s review (scheduled for October 17, 2008) and the 94th Session of the Human Rights Committee in Geneva, see: http://www2.ohchr.org/english/bodies/hrc/hrcs94.htm

Article 27 of the Nicaraguan Constitution states that all people are equal before the law and are subject to equal protection under the law. It denounces discrimination based on birth, nationality, political belief, race, sex, language, religion, opinion, origin, economic position, or social condition. Though this non-discrimination clause includes discrimination based on sex, it does not include discrimination based on sexual orientation and gender identity. LGBT individuals in Nicaragua experience violations of their human rights due to their sexual orientation and gender identity. Anyone who induces, promotes, propagandizes or practices in scandalous form sexual intercourse between persons of the same-sex commits the crime of sodomy and shall incur 1 to 3 years imprisonment. Nicaragua repealed Article 204 at the end of 2007, when the new criminal code was approved, and the repeal took effect July 2008. Though decriminalizing sodomy is an advancement for human rights in Nicaragua, individuals and communities still face widespread discrimination and human rights violations based on their sexual orientation and gender identity. The third periodic report of Nicaragua fails to mention this forms of discrimination. This report traces the numerous human rights violations LGBT individuals have suffered in the past few years even though the Nicaraguan government has the duty to protect them from these violations under the ICCPR. This shadow report was made possible through the work of numerous Nicaraguan activists and NGOs, who shared information and reports with us.

Articles 2(1) and 26 (Non-discrimination) and Article 3 (Gender Equality) The ICCPR defines non-discrimination standards by which state signatories should abide in Articles 2(1) and 26. Article 2(1) states: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. General Comment 31 to Article 2 holds state parties accountable for actions of private parties that encroach on ICCPR rights if the state has not provided measures to protect individuals from this encroachment. Article 26 further qualifies the nature of the state’s protection from discrimination, stating: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Human Rights Committee explicitly recognized the ICCPR’s inclusion of sexual orientation in its 1994 decision Toonen v. Australia. In Toonen, the Committee applied Articles 2(1) and 26 to find discrimination based on sexual orientation. Individuals experience societal discrimination in Nicaragua based on their sexual orientation, gender identity and expression. A flagrant example of this occurred in a September 14, 2007 National Assembly debate. This was publicized on television, and two Deputies, Wilfredo Navarro and Freddy Torres used homophobic language. This language, coming from representatives of the Assembly, is evidence of the failure of the state to condemn prevent and fight homophobia, even in the public sphere. Also, the current First Lady also publicly stated that homosexuals should not have the right to marry because traditional marriage is between a man and a woman. The LGBT community should be protected from such public displays of homophobia. In 2006, 45 year old lesbian was forced to move out of her house and into a shelter due to her sexual orientation. In this case, the lesbian’s mother had given her the house 25 years earlier but never transferred the title to her. When the mother found out that her daughter was a lesbian, she forced her daughter to leave the house and put it on the market to sell. This is another example of the stigma placed on homosexuals in Nicaragua and the societal discrimination they suffer because of their sexual orientation. In such a social and political context, failure of the state to enact anti-discrimination legislation and to punish hate crimes may be considered a violation of articles 2 and 26 of the ICCPR.

Individuals in Nicaragua face workplace discrimination both due to their sexual orientation, gender identity and perception that they are more likely to be HIV-infected. The 1996 Labor Code does not address discrimination based on sexual orientation and gender identity at the workplace. In 2001, a Javier Antonio Berrios was turned away from a job as a school photographer for graduation ceremonies after declaring his homosexuality. Berrios had a good relationship with the school before this declaration; it frequently let him enter to take photographs of students in their recreational activities. However, after learning of his sexual orientation, the school chose instead to employ a corporation that charged a higher fee than what Berrios was charging as an individual and had him escorted out of the school by security. A lesbian woman was fired in 2006 from her job after her family reported her sexual orientation to her employer. In 2007, there were allegations that a garment factory fired several workers due to their sexual orientation. There were further allegations that the management at this garment factory tolerated workplace violence against workers based on their sexual orientation. These episodes of discriminatory treatments, in absence of measures by the state to combat discrimination on grounds of sexual orientation and gender identity, suggests a violation of the ICCPR.

According to a 2008 USAID report, 26% of all people living with HIV/AIDS are men who have sex with men. Moreover, though 9% of men who have sex with men have HIV/AIDS, the current Nicaraguan prevention program does not specifically target this population and its unique needs. The existence for 16 years of criminal legislation punishing same-sex sexual behaviors as well as “propaganda” has represented a significant obstacle in ensuring HIV/AIDS prevention and access to treatment for sexual minorities. Widespread discrimination against people living with HIV/AIDS in Nicaragua exists due to social norms and a lack of education about the disease. The Law for the Promotion, Protection, and Defense of Human Rights of People Living with HIV/AIDS (Law 238) went into effect in 1999. Though Law 238 created the Nicaraguan AIDS Commission (CONASIDA) to guide the national response to AIDS, CONASIDA lacks the budget capacity to support NGOs in their prevention and treatment programs. Thus, many individuals with HIV/AIDS cannot access appropriate health care services and medicines. Health care providers and antiretroviral medicines are in inadequate supply. In fact, only 16% of people living with HIV/AIDS receive antiretroviral treatment. There is also a lack of access to diagnostic and maintenance tests to monitor those receiving treatment. Travesti sex workers with HIV/AIDS also suffer greatly due to discrimination based on their gender identity and expression. They are denied access to antiretroviral treatment as well as condoms at health centers. Furthermore, when it comes to access to health care and treatment, transgender people have been constantly considered homosexuals, without regard for their gender identity and expression. Doctors, nurses, and other medical personnel habitually taunt them and make offensive comments about their gender identity, even in cases of severe illness. Travesti people know that by going to a hospital they will inevitably expose themselves to systematic violence, disinterested medical staff and poor care. For these reasons, they often refuse medical assistance; anything is better than subjecting themselves to such intense humiliation, even though lack of medical treatment might lead to death. For all these reasons, the state must be held accountable for discrimination based on sexual orientation and gender identity in access to health care services.

LGBT individuals are discriminated against in their applications for public housing because they do not qualify as a “family” under the Nicaraguan Public Housing Law. This law gives priority in public housing to families, defining a family as a man, woman, and their mutual offspring. The man and woman do not need to be married. In Young v. Australia and X v. Colombia the Human Rights Committee established that when a state provides benefits to an unmarried opposite-sex couple while denying them to an unmarried same-sex couple, it violates Article 26 of the ICCPR. Nicaragua’s Public Housing law thus constitutes a violation of the ICCPR.

Nicaraguan adoption law requires either a marriage certificate or other proof of a stable union before an opposite sex couple can adopt a child. Though it is very difficult for single individuals to adopt, they nonetheless are still permitted under Nicaraguan law. However, neither single homosexual or transgender individuals nor same-sex couples are allowed to adopt children in Nicaragua. The denial of these adoptive rights suggests discrimination based on sexual orientation under article 26 of the ICCPR as defined in Young.

Article 6 of the ICCPR guarantees every human being an inherent right to life that should be protected by law. It states that “No one shall be arbitrarily deprived of his life.” Nonetheless, despite the lack of systematic information, advocates report that individuals in Nicaragua are victims of extra-judicial killings due to their sexual orientation or gender identity.

In 2000, Rosa Pavon was murdered by two men and a woman for dating a married woman. One of the murderers was the woman’s husband, and the crime was explicitly motivated by Pavon’s sexual orientation. The murderers were later prosecuted and held accountable. However, the lack of hate crime legislation shows that the state fails to prevent the occurrence of killings and other hate crimes motivated by the victim’s sexual orientation or gender identity. In 2002, Denis Eduardo was stabbed to death by a man he had propositioned at a bar. Though the murderer was arrested, the police investigation did not view the incident as a hate crime. This lack of recognition of a homophobic hate crime also demonstrates the failure of law enforcement agencies to protect LGBT communities and individuals.

LGBT individuals in Nicaragua experience police brutality prohibited under Article 7 of the ICCPR. Article 7 states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Nevertheless, the police harass and arbitrarily detain individuals because of their perceived gender identity and/or sexual orientation in Nicaragua. In particular, the sex workers in the travesti community experience habitual harassment and violence by both the police and the general public. In 2006, four homosexual youths out late at night were celebrating a soccer game in a public park. Two policemen approached them and told them to leave the park. When the youths refused to cooperate, the policemen overstepped their authority by punching one in the neck and chest and kicking the other onto the ground. The youths were then thrown into a police car and taken to the police station. This excessive use of force by the police represented a violation of the youths’ Article 7 right to freedom from cruel punishment. Furthermore, the youths were detained for two hours before being released. Though they tried to file a complaint that night, they were refused. They returned to the station the next day to file a complaint, but the police failed to follow up. In 2005, a 28 year old lesbian woman was expelled from the home she shared with her mother and sister due to her sexual orientation. They denounced her to the Ministry of Family for a violation of Article 204 and broke into her room to confiscate pictures, cards, and gifts she had received as well as her daughter’s birth certificate and vaccination records to give to the Ministry. They also attempted to kidnap her daughter. The Ministry proceeded to launch an investigation into all parts of her life, questioning each of her neighbors about her behavior. It pressured her to give up her child, calling her a bad mother. It also forced her to undergo numerous psychological tests. The treatment to which the woman was subjected because of her sexual orientation contravenes the provisions of the ICCPR.

Article 9 states, “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.” As mentioned in reference to Article 7, the homosexual youths were detained based on their refusal to leave a public park. Thus their right to liberty was denied. The fact that the police did not follow procedure and process their complaint of mistreatment and unfair detention also contributes to a violation of their right to liberty. In 2001, two homosexual professors were incarcerated under Article 204 of the old criminal code for their sexual orientation after being seen romantically together by police. During the same year, another homosexual couple was also subject to criminal prosecution for violation of Article 204.

YEA RIGTH!!! WE ALWAYS REMEMBER CANADA IS A NATION OF IMMIGRANTS

BRUTALIY, DREIGEMENT AND THE POLICE AGAINST THE LEADING FROM MAM,(WOMEN AUTONOMOUS MOVEMENT) PATRICA OROZCO http://www.elnuevodiario.com.ni/nacionales/60689