Differentiating a Public Policy from Private Sponsorship

Prioritizing expedited resettlement of LGBTQI+ Afghan refugees through the Private Sponsorship of Refugees Program (PSR) under the RRAP remains essential to serving the varied profiles of at-risk persons in the context of this crisis. This section outlines why both a commitment to additional targeted resettlement policies and increased and expedited RRAP resettlement is the best path forward.

Even within the private sponsorship route, there are opportunities for the government to maximize its refugee resettlement capacity. On November 1, 2021, Rainbow Railroad submitted an open letter to the Office of the Prime Minister, the Minister of Immigration, Refugees and Citizenship Canada, and the Minister of Foreign Affairs. We want to reiterate one of the key calls to action outlined in that letter—namely, that the crisis in Afghanistan be considered a prima facie refugee situation and that Canada must waive the requirement of UNHCR recognition for private sponsorship.29 This approach reflects the reality that Afghans make up one of the largest refugee populations in the world, with 2.2 million people registered in Iran and Pakistan alone.30 UNHCR has already called attention to the desperate need for support of Afghan refugees, acknowledging “the resilience of refugees, internally displaced people and host communities is slowly reaching its limit.”31

While we fully support the government’s move to expedite and increase PSR spots as an option for resettlement, Rainbow Railroad strongly believes that additional, expedited slots under the RRAP will benefit only a certain demographic of Afghan refugees at risk. Therefore additional, more immediate public policy solutions are necessary to meet the varied needs of our beneficiaries. Further, there is limited capacity for the coalition to cover the needs for all persons at risk.

Due to the protection concerns and persecution in Afghanistan long before this most recent crisis, many individuals who qualify for PSR under the RRAP fled the country prior to its fall to the Taliban last year. However, it remains that those most critically affected by the current crisis have severe and time-sensitive needs that require immediate action and processing either in Afghanistan, Pakistan, the UAE, or Iran.

Demographics of LGBTQI+ persons who will benefit from the RRAP program include:

• Individuals who have the means to shelter in place in neighbouring countries for a longer period with lower risk of detection of being LGBTQI+;

• Individuals who fled Afghanistan in advance of the most recent crisis;

• Individuals who are able to collaborate with coalition partners on detailed PSR application packages;

• Individuals whose sexuality was not disclosed in Afghanistan, or who have not been tracked or located by the Taliban or hostile community members in their new location.

Demographics of LGBTQI+ persons who need protection outside of the RRAP program include:

• Individuals whose identities have been disclosed to the Taliban;

• Individuals who fled Afghanistan to countries that criminalize same-sex intimacy with limited visa status and who are at risk of refoulement;

• Trans, non-binary, and other visibly LGBTQI+ individuals who could be easily identified and persecuted in Afghanistan or neighbouring countries;

• Individuals with complex medical or mental health concerns that limit their ability to safely flee and access the refugee apparatus.

The PSR program, even where highly expedited by IRCC, requires months of organizational investment from coalition members in order to recruit volunteers, prepare application paperwork, fundraise, prepare arrival logistics, and provide supportive communication with the applicant. Some Afghans already within the refugee apparatus can survive the wait for this mediumterm solution; this is the best pathway to safety for these individuals, and LGBTQI+ civil society in Canada is ready to support them through existing streams. However, for the majority of individuals who have reached out to Rainbow Railroad since the most recent Taliban insurgency, awaiting the limited program offerings under PSR would be a death sentence.

Conclusion

Rainbow Railroad calls on the Government of Canada to create additional targeted and expedited resettlement pathways for high-risk LGBTQI+ Afghan refugees.

We propose two existing Canadian policy mechanisms the government could activate to make this happen:

1. Expand the special humanitarian program for Afghan refugees to make Rainbow Railroad a direct referring partner for vulnerable LGBTQI+ Afghans.

2. Create a public policy under Section 25 of the IRPA32 to allow immediate relocation of the most vulnerable LGBTQI+ Afghans.

Under either of these mechanisms, individuals would arrive as GARs and Rainbow Railroad would work directly with IRCC and settlement partners across the country to help them build prosperous, free lives in Canada.

Importantly, we want to reaffirm our support for the government’s decision to expand the RRAP stream by way of additional, expedited slots to resettle LGBTQI+ Afghan refugees in neighbouring countries. Enhancing the current RRAP program in the region will offer vital support for Afghan refugees who have some capacity to endure in their current circumstances and ensure they are not left behind.

Rainbow Railroad’s proposal is complementary to the RRAP. Along with the Rainbow Coalition for Refuge, we commit to submitting RRAP applications under the PSR program. However, given the distinct differences in beneficiary profiles that the proposed program and RRAP serve, we contend that it is Canada’s duty to activate both channels expeditiously.

The individuals Rainbow Railroad has identified as having the most urgent protection needs simply cannot wait. We understand that it will take years to adequately resettle refugees, however we also understand that Canada has the ability—especially with Rainbow Railroad’s support—to settle LGBTQI+ individuals as GARs as rapidly as possible. Partnering with Rainbow Railroad to identify and relocate vulnerable LGBTQI+ refugees will be instrumental to fulfilling Canada’s promise to resettle 40,000 people.

Rainbow Railroad remains committed to working with the government to determine the best path forward. Although we have made a specific proposal in this memorandum, we remain open to discussing alternative means of finding safety for these people by whatever means necessary.

References

1 https://www.cfr.org/backgrounder/taliban-afghanistan

2 https://wrmcouncil.org/publications/event-report-displacement-in-afghanistan/

3 https://www.hrw.org/report/2022/01/26/even-if-you-go-skies-well-find-you/lgbt-people-afghanistan-after-taliban-takeover

4 https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/08/canada-expands-resettlement-program-to-bring-more-afghansto-safety.html

5 https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/08/canada-expands-resettlement-program-to-bring-more-afghansto-safety.html

6 https://www.nytimes.com/2021/09/27/world/americas/canada-afghanistan-refugees.html.

7 Ibid.

8 https://pm.gc.ca/en/mandate-letters/2021/12/16/minister-immigration-refugees-and-citizenship-mandate-letter

9 https://pm.gc.ca/en/mandate-letters/2021/12/16/minister-international-development-and-minister-responsible-pacific

10 https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/08/canada-expands-resettlement-program-to-bring-more-afghansto-safety.html

11 https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/afghanistan/key-figures.html

12 https://www.hrw.org/news/2018/05/08/another-transgender-woman-killed-pakistan; https://www.hrw.org/world-report/2021/countrychapters/pakistan#e81181; https://www.amnesty.org/en/latest/press-release/2021/05/iran-murder-of-gay-man-highlights-dangers-ofstate-sanctioned-abuses-against-lgbti-people/; https://www.ebar.com/news/news//297452; https://www.hrw.org/news/2010/12/15/ iran-discrimination-and-violence-against-sexual-minorities.; https://www.humandignitytrust.org/country-profile/pakistan/ ; https://www. humandignitytrust.org/country-profile/united-arab emirates/

13 https://www.humandignitytrust.org/country-profile/pakistan/

14 https://www.hrw.org/report/2022/01/26/even-if-you-go-skies-well-find-you/lgbt-people-afghanistan-after-taliban-takeover

15 https://www.france24.com/en/asia-pacific/20211102-the-taliban-has-a-kill-list-for-the-afghan-lgbt-community-ngo-says; https://edition.cnn. com/2021/09/17/middleeast/afghanistan-lgbtq-evacuation-intl-hnk-dst/index.html

16 https://www.rainbowrailroad.org/the-latest/rainbow-railroad-assists-29-lgbtqi-afghans-to-safety-in-the-u-k

17 https://www.washingtonpost.com/world/2021/10/30/britain-afghan-lgbt-refugees/

18 https://www.lamplifeboatladder.org/our-story/

19 https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/afghanistan/special-measures/how-humanitarian-program. html

20 Ibid.

21 https://wrmcouncil.org/news/letter-news/urgent-call-to-action-in-response-to-the-crisis-in-afghanistan/?fbclid=IwAR2A3ZkZXyLifr4gGugGA3 rxVWCOKN8VVoBiBq9F9Ms3omc7DYP5OK3o_z0

22 Ibid.

23 https://www.refworld.org/docid/566140454.html

24 Ibid.

25 https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html Section 25(1) of the IRPA affords the Minister of Immigration, Refugees, and Citizenship the power to grant permanent residency on humanitarian or compassionate grounds to a foreign national who is otherwise inadmissible or who does not meet the requirements of the IRPA.