What should be done with foreigners who joined Islamic State?

Swiss perspectives:

Switzerland is one the many countries facing difficult choices in dealing with their citizens linked to the Islamic State. These are some of the options on the table, and the challenges involved.

US-backed Kurdish-led forces are currently holding tens of thousands of people linked to Islamic State in northern Syria after capturing the last IS stronghold in March. Rights groups are concerned about due process and prison conditions for IS detainees both in Syria and in neighbouring Iraq.

The detainees are mostly Syrians and Iraqis but also include some 2,000 foreigners from more than 70 countries, as well as women and children being held in a separate camp that UN High Commissioner for Human Rights Michelle Bachelet described as “deeply sub-standard”. There are currently a dozen adults with links to Switzerland in northern Syria, and the United Nations this week called for fair trials for Islamic State captives and for countries to take responsibility for their nationals.

“Accountability, with fair trials, protects societies from future radicalisation and violence,” Bachelet saidexternal link on Monday. “Betrayals of justice, following flawed trials – which may include unlawful and inhumane detention, and capital punishment – can only serve the narrative of grievance and revenge.”

In northeast Syria, Swiss public television (RTS) interviewed a Swiss jihadist who has been detained by the Kurds since January 2018.

 How can justice be served?

One possibility is to have IS members tried by the local justice system set up by the Kurdish self-administration in northeast Syria, says Marco Sassoli external link, director of the Geneva Academy of International Humanitarian Law and Human Rights.

Another possibility is that the foreign fighters are sent back to their home countries.

The third possibility is to establish a kind of international tribunal, Sassoli told swissinfo.ch.

They could also be transferred to Iraq and judged there, which has already happened in some cases.

The Geneva Academy recently co-organised a conference on the issue with the NGO Fight for Humanity, which produced a report and recommendationsexternal link. But none of the options are simple.

Could foreign fighters be repatriated?

With the notable exception of countries such as the US and Russia, most Western governments – and their electorates – are not keen on the idea of repatriating these “combatants”. Some countries, including Britain, have stripped former IS members of their nationality.

Switzerland has said it will not actively repatriate its nationals, and Justice Minister Karin Keller-Sutter has said she would prefer to see them tried where they are in Syria or Iraq, for security reasons.

Sassoli thinks the security fear is irrational.

“They are more dangerous in Syria than in a Swiss prison,” he says, because in Switzerland it is harder to escape and the political situation is stable, whereas the Kurdish area is a potential target for Syria and Turkey. He thinks repatriating nationals could be a good option if Western countries want to do “something special for their nationals”, but this option would have the disadvantage of being much further from the witnesses and the evidence.

“Active repatriation may only be examined for minors,” Swiss Foreign Ministry Spokesman Pierre-Alain Eltschinger told swissinfo.ch. “In this regard, the best interest of the child is decisive.”

The Swiss government has rejected calls to actively repatriate Islamic militants with Swiss nationality from Syria or Iraq.

What about an international tribunal?

The Swiss government has raised the possibility of helping to set up an international tribunal and says it supports creating such a court. It participated in a preliminary meeting on this in Stockholm earlier this month with eleven European Union countries, but Eltschinger said that “no decisions were taken”.

“Such a court would have to provide for the guarantees inherent to the rule of law, be appropriately organised, impartial and enjoy broad international support among Switzerland’s partners,” the foreign ministry spokesman said via e-mail.

He also cited disadvantages to support for such a court, including its complexity and the fact that such an operation is very expensive. In addition, he said, evidence may be difficult to access because it depends on cooperation with multiple states.

“Depending on the court’s location, there is a risk of a lack of independence and political influence,” Eltschinger said.

Could it be a UN tribunal? And where would the court be based?

Sassoli says a UN court is not going to happen, and a tribunal in a European country is also unlikely because of security concerns. He thinks another possibility for a treaty-based international or mixed tribunal would be in Iraq, because Iraq would agree to it, unlike Syria.

A Syria-based court “would be quite revolutionary,” says Sassoli, “because it would mean establishing a tribunal on the territory of a state which does not consent”.

Iraq is already holding trials of IS members, including some foreign ones. But there are concerns, particularly regarding the death penalty which exists in Iraq (and not on Kurdish territory). For example, 11 French nationalsexternal link have been sentenced to death in Iraq for belonging to IS. But it is likely that Iraq would agree to a mixed tribunal according to international standards and no death penalty in exchange for significant Western help with expertise and infrastructure.

What crimes would the suspects be tried for?

Another issue is what kind of statute an international tribunal would have. For Switzerland and other European countries, simply belonging to IS is a crime, but Sassoli says that for credibility an international court should try suspects for war crimes. And in terms of international standards, it should also try everyone involved in the conflict on an equal basis, i.e. not just foreign fighters and not just IS.

“Everyone – the Syrians, the Iraqis, the foreigners – has the same right to judicial guarantees and if they committed war crimes they must be prosecuted.”

Who has a right to try IS suspects?

The Kurdish authorities are appealing for international support to conduct trials under their own justice system and have repeatedly stressed that they lack the resources to secure and care for such a high number of dangerous detainees. Kurdish representative Khaled Issa, who participated in the Geneva conference, told Swiss news agency Keystone-SDA that the Kurds’ self-administration had a right to try IS suspects because “they were arrested on our territory, they committed their crimes on our territory and the victims are our families and infrastructure”.

But helping the Kurdish authorities to improve their justice system and prisons would constitute a kind of recognition for them, which is delicate.

“From the point of view of Syria, but especially of Turkey, these are terrorists and rebels,” says Sassoli. “Establishing a criminal tribunal is not like establishing a health clinic. In the public’s perception, this is something done by states.”

Source: What should be done with foreigners who joined Islamic State?

Israel should prepare for another mass immigration – report

The large gap in birth rates between non-Orthodox and Orthodox/ultra Orthodox means increasing fundamentalist Jewish populations over time, with a range of implications in Israel and elsewhere:

Israel should prepare for a potential mass wave of immigration to the country amid increased antisemitism, according to the “2019 Annual Assessment of the Situation and Dynamics of the Jewish People Today.”

The report, prepared by the Jewish People Policy Institute (JPPI) and presented by the institute’s leaders to the cabinet on Sunday, warned of the spread of antisemitism around the world. They said that if not enough is done to strengthen the security of Jewish communities, they could experience “significant harm.”

“Some Jews are considering immigration to Israel or elsewhere, while others may give up their Jewish identity,” according to the report. The report warned the government that as antisemitic incidents proliferate, “the Israeli government must prepare appropriately for potential immigration, especially from European countries.”

According to the report, the main barriers that cause prospective olim to reconsider aliyah to Israel have to do with employment, children’s education and housing. As such, JPPI recommended that the employment barrier could be addressed by providing career guidance and degree recognition even before olim have left their home countries as well as through job placement programs.

“The relevant immigrant populations are, for the most part, highly educated and economically strong,” said JPPI in its report. “There can be no doubt that such investment would be profitable and feasible for the Israeli economy.”

In addition, JPPI’s president Avinoam Bar-Yosef called on the government to set up a coordinating body to confront growing antisemitism that could monitor trends, assess threats and risks, and initiate action with governments.

Specifically, this body could “formulate an overall policy; set operational initiatives in motion vis-à-vis governments, Jewish communities, and other relevant parties; coordinate implementation between the various relevant bodies; and monitor effectiveness,” the report said. 

“The entity will launch initiatives in the spheres of education, legislation/law, diplomacy, hasbara [publicity/informational activity], the new media, security in the communities and more.”

The report rehashed earlier data, which demonstrates that antisemitism is rising by every metric. The number of antisemitic incidents has risen around the world, including in the United States, where the FBI reported that Jews are the most targeted religion-based group by hate crimes.

Bar-Yosef likewise highlighted changing demographics in the US, citing growth among the Orthodox communities, where this population among the younger age cohorts is already roughly 30% in some communities.

“We can expect significant implications from the growth of the Orthodox population in the long run,” he said. While the average birth rate among non-Orthodox Jewish women is 1.4 children, the average rate among Modern Orthodox women is more than three children, and is more than five for haredi (ultra-Orthodox) women.

For non-Orthodox Jews, JPPI found that intermarriage with non-Jews is the norm today. Among non-ultra-Orthodox Jews in America (aged 25-54), 58% of those married are married to non-Jews and only about half of the offspring of such couples are raised as Jews.

JPPI recommended that in addition to strengthening relations with the Reform and Conservative denominations, Israel should “encourage and support increased involvement of the Orthodox in the leadership of the Jewish communities in the Diaspora, American society and politics, in order to preserve Jewish influence in the general public.”

If not, according to the institute, “the new demographic may erode the influence of the Jewish community in America.”

Source: Israel should prepare for another mass immigration – report

Countries urged not to strip terror suspects of citizenship

More on citizenship revocation for treason or terror:

Stripping terror suspects of citizenship does not increase national security and may even make it worse, legal experts told a conference on ending statelessness.

They are particularly concerned over the increasing use of the measure by Britain which this year revoked the nationality of “jihadi bride” Shamima Begum who left London to join Islamic State in 2015 at the age of 15.

Britain is also considering the case of British-Canadian Muslim convert Jack Letts who joined ISIS as a teenager and is now being held in a Kurdish-run jail in northern Syria.

“Stripping nationality is a completely ineffective measure – and an arbitrary measure,” said Amal de Chickera, co-founder of the Institute on Statelessness, which is hosting the conference in The Hague.

He said countries should retain responsibility for nationals accused of supporting ISIS and ensure they are prosecuted.

“Stripping nationality when people are abroad merely exports the problem to other countries,” he said, adding such measures were also likely to have a serious impact on families back home.

Countries should recognize that women married to ISIS fighters, and their children, may have been victimized, he told the Thomson Reuters Foundation on Friday.

The conference heard that Britain stripped nationality from more than 100 people in 2017, compared to a total of 12 people between 1950 and 2002, but most cases were done quietly.

De Chickera said it was crucial that all countries’ counterterrorism policies should not result in more people becoming stateless – which means someone is not recognized as a national by any country in the world.

To avoid making people stateless, Britain has focused on dual nationals.

But Audrey Macklin, a human rights law professor at the University of Toronto, said if all countries had laws to revoke citizenship from dual nationals then you would get a race to see who could do it first “and to the loser goes the citizen.”

“Is this a policy that makes sense as a global practice directed at making the world more secure, at reducing the risk of terrorism? To my mind, not so much,” she said.

She said citizenship was a right rather than a privilege and described citizenship deprivation followed by expulsion as the “political equivalent of the death penalty.”

The conference comes midway through a UN campaign to end statelessness in a decade. An estimated 10 to 15 million people are stateless worldwide, often deprived of basic rights.

Jawad Fairooz, a former Bahraini MP who was rendered stateless after being stripped of his nationality in 2012, said revoking citizenship should never be used as a political tool or a punishment.

Bahrain has stripped hundreds of people of nationality since a 2011 uprising although many have since regained citizenship.

“If you lose [citizenship], you lose the rest of your rights,” said Fairooz, chairman of Salam for Democracy & Human Rights.

“If you are born in a country and serve the country and you [are] part of it and quite suddenly your name is deleted from that country it is really heartbreaking.”

Source: Countries urged not to strip terror suspects of citizenship

Over 80% of Canadians would fail a citizenship test, new poll reveals

No real surprise. More Canada Day clickbait than serious:

To become a Canadian citizen, hopeful permanent residents must achieve a score of 75 per cent or higher on the Canadian Citizenship test.

However, a recent poll by Forum Research found that almost 90 per cent of Canadians would fail this test, and the average score among those polled was just 50 per cent.

According to the results, men, the country’s highest earners, post-graduate degree holders and residents of British Columbia are among the most likely to pass the test.

Survey respondents were asked a series of 10 questions, which included questions about the title of the royal anthem (often confused with the national anthem), who the Métis are, the year the Charter of Rights and Freedoms came to Canada and Canada’s head of state.

Canadians scored most poorly on questions about the title of the Royal Anthem of Canada, civic duties, and Canada’s head of state.

When asked about the title of the royal anthem, only 36 per cent correctly answered, “God Save the Queen,” while 56 per cent responded “O Canada,” and six per cent said it was the Star Spangled Banner.

Respondents were also given a list of official responsibilities Canadian citizens have and were asked to select which item was not an official responsibility. Only 26 per cent correctly responded “driving safely.”

Lastly, over 80 per cent of respondents did not know that the Queen Elizabeth II remains Canada’s head of state to this day

Areas where respondents seemed to know their Canadian trivia included Canadian geography, the English translation of the word “Inuit,” and the significance of the Canada Pacific Railway (CPR).

In the former, 63 per cent of respondents were able to identify that the Midwest is not a Canadian geographical region. In the latter, two thirds of respondents knew that the CPR, which stretches from the Atlantic Ocean to the Pacific Ocean, is representative of unity.

Other questions on which respondents scored fairly well included the year the Charter of Rights and Freedoms was brought to Canada (1982), and identifying the founding peoples of Canada (Indigenous, French and British).

The Forum Poll™ was conducted by Forum Research with the results based on an interactive voice response telephone survey of 1645 randomly selected Canadians. The poll was June 25th -27th, 2019. Results based on the total sample are considered accurate +/- 3%, 19 times out of 20. Subsample results will be less accurate.

Source: Over 80% of Canadians would fail a citizenship test, new poll reveals

International Metropolis 2019 Ottawa and 2020 Beijing

As my last International Metropolis was some 10 years ago, was curious to see how the conference has evolved since then. The overall format remains the same, plenaries in the morning, workshops in the afternoon.

My impression was that of a more interesting and thought provoking conference than those that I remember, a tribute to the IRCC team and advisory committee that developed the program.

The sessions that I found particularly of interest were:

The Indigenous acknowledgement and presence that opened Metropolis was substantive, with a strong statement by Gilbert Whiteduck, with Metropolis also having an Indigenous closing ceremony.

The plenaries that I found most interesting were: Quest for global governance: Compacts and sustainable development goals (Global Compact), Non-state actors and the migration industry, The effects of technology on migration and integration, Cities and migration, and Public confidence in migration.

These daily briefs by Munk school students are good summaries of the presentations and discussions:

June_27_Munk_School_Daily_Brief.original.1561728696 June_26_Munk_School_Daily_Brief.original.1561640630 June_25_Munk_School_Daily_Brief.original.1561555064

For the last half day, not covered by Munk, the more interesting presentations at the Cities and Migration plenary were the effects of South American migrants (e.g., Venezuela) in Ecuador, services for families remaining in the Philippines when breadwinners worked abroad, A puff presentation on the Mayors Migration Council, and to liven things up, OCASI’s Debbie Douglas on some of the uncomfortable truths on racism.

The plenaries ended strongly with the Public Confidence in Immigration session, withPew Research international comparisons, Compas on UK attitudes and that media need to recognize that they are not neutral players but play a role in public and policy debates, Canada’s Environics on Canadian distinctiveness, South African attitudes towards immigrants and the limitations of surveys based on self-reporting with respect to attitudes.

The major tech innovation since my last Metropolis is of course smart phones and apps. While the conference app had login issues for many participants (i.e., for creating individual programs etc), it had a great feature that allowed questions to be submitted, displayed on screens and “voted” upon to allow moderators to choose those questions of greatest interest. An additional advantage was that it virtually eliminated the tendency of some to abuse microphone time and ensure greater focus.

In terms of other conference management notes, some of which may reflect my circumstances, were that some data based presentations (i.e., economic impact) were done without decks making them hard to follow.

2020 International Metropolis in Beijing

The next conference will be held in Beijing under the theme: New Narratives on Global Migration: Open, Fair and Sustainable Development.

Given the ongoing suppression of Uyghur Muslims and other human rights abuses, a curious choice given that the local organizers will certainly make every effort to ensure a controversy-free event.

In terms of historical parallels, and mindful of Godwin’s law, this is comparable to the holding of an international conference on immigration and integration in Germany following the passage of the Nuremberg Race Laws  (the Reich Citizenship Law and the Law for the Protection of German Blood and German Honor).

The dilemma for governments, academics and service provide organizations is whether they wish to participate against this backdrop. Historically, of course, countries and atheletes participated in the Berlin Olympics of 1936 despite the passage of these laws (and only saved by the medals won by Jesse Owens).

For Canadians, an additional issue remains the arbitrary detention of Michael Kovrig and Michael Spavor, who hopefully will be released well before then.I suspect that will be a challenge.

Source: International Metropolis Conference, Presentations

George Will: Last century’s immigration debate makes today’s seem enlightened

Good reminder. But of course, does not excuse the present immigration debate:

If you think we have reached peak stupidity — that America’s per-capita quantity has never been higher — there is solace, of sorts, in Daniel Okrent’s guided tour through the immigration debate that was heading toward a nasty legislative conclusion a century ago. “The Guarded Gate: Bigotry, Eugenics, and the Law That Kept Two Generations of Jews, Italians, and Other European Immigrants Out of America” provides evidence that today’s public arguments are comparatively enlightened.

Late in the 19th century, immigration surged, as did alarm about it, especially in society’s upper crust, particularly its Boston portion, which thought that the wrong sort of people were coming. Darwinian theory and emerging genetic science were bowdlerized by bad scientists, faux scientists and numerous philistine ax-grinders with political agendas bent on arguing for engineering a better stock of American humans through immigration restrictions and eugenics — selective breeding.

Their theory was that nurture (education, socialization, family structure) matters little because nature is determinative. They asserted that even morality and individuals’ characters are biologically determined by race. And they spun an imaginative taxonomy of races, including European “Alpine,” “Teutonic” (aka “Nordic”) and “Mediterranean” races.

Racist thinking about immigration saturated mainstream newspapers (the Boston Herald: “Shall we permit these inferior races to dilute the thrifty, capable Yankee blood … of the earlier immigrants?”) and elite journals (in The Yale Review, recent immigrants were described as “vast masses of filth” from “every foul and stagnant pool of population in Europe”). In The Century monthly, which published Mark Twain, Henry James, Rudyard Kipling, W.E.B. Du Bois and H.G. Wells, an author informed readers that “Mediterranean people are morally below the races of northern Europe,” that immigrants from Southern Italy “lack the conveniences for thinking,” that Neapolitans were a “degenerate” class “infected with spiritual hookworm” and displaying “low foreheads, open mouths, weak chins … and backless heads,” and that few of the garment workers in New York’s Union Square “had the type of face one would find at a county fair in the west or south.” The nation’s most important periodical, The Saturday Evening Post, devoted tens of thousands of words to the braided crusades for eugenics and race-based immigration policies. Popular poet Edgar Lee Masters (“Spoon River Anthology” ) wrote “The Great Race Passes”:

On State Street throngs crowd and push,

Wriggle and writhe like maggots.

Their noses are flat,

Their faces are broad …

Eugenics was taught at Boston University’s School of Theology. Theodore Roosevelt, who popularized the phrase “race suicide,” wrote to a eugenicist that “the inescapable duty of the good citizen of the right type is to leave his or her blood behind him in the world, and that we have no business to permit the perpetuation of citizens of the wrong type.” Woodrow Wilson warned against the “corruption of foreign blood” and “ever-deteriorating” genetic material.

Amateur ethnologists conveniently discovered that exemplary southern Europeans (Dante, Raphael, Titian, Leonardo da Vinci) were actually from the north. One wrote, “Columbus, from his portraits and from his busts, whether authentic or not, was clearly Nordic.” (Emphasis added.) Okrent writes: “In an Alabama case, a black man who married an Italian woman was convicted of violating the state’s anti-miscegenation law, then found surprising absolution when the conviction was vacated by an appellate court’s provocative declaration: ‘The mere fact that the testimony showed this woman came from Sicily can in no sense be taken as conclusive evidence that she was therefore a white woman.’”

The canonical text of the immigration-eugenics complex, Madison Grant’s “The Passing of the Great Race,” is available today in at least eight editions and is frequently cited in the internet’s fetid swamps of white supremacy sites. At the 1946 Nuremberg “Doctors’ Trial,” Nazi defendants invoked that book as well as the U.S. Supreme Court’s Buck v. Bell decision upholding states’ sterilization of “defectives” (Justice Oliver Wendell Holmes, a eugenics enthusiast: “Three generations of imbeciles are enough”) and America’s severely restrictive Immigration Act of 1924. It based national quotas on 1890 immigration data — before the surge of the “motley throng.” Okrent writes, “These men didn’t say they were ‘following orders,’ in the self-exonerating language of the moment; they said they were following Americans.”

Four years before the 1924 act, 76% of immigrants came from Eastern or Southern Europe. After it, 11% did. Some of those excluded went instead to Auschwitz.

Source: Will column: Last century’s immigration debate makes today’s seem enlightened

Eastern Europe’s Emigration Crisis

Not sure how this differs from previous emigration waves from Italy and Spain or indeed Eastern Europe, except that it is facilitated by the EU’s freedom of movement. The same critique has been made with respect to emigration from developing countries to the West and the effective brain drain. Canadians have also worried about those who left Canada for the USA.

While the effect is real on emigration countries, hard to see if there are any effective or acceptable policies to counteract emigration. Does one really want to restrict freedom of movement in the EU and if so, how?

In recent years, most of the debate around the global migration of people has focused on the movement into developed countries and the political battles that ensue. Most famously, Trump has overturned the wisdom of the American political establishment by saying the unsayable on immigration. Politicians from Riga to Rome have won votes (and office) by exploiting similar anxieties. But we seldom talk about the places which, year after year, see more people leave than arrive, and the consequences of countries saying goodbye to some of their best and brightest—often for good.

Nowhere is this concern more pressing than in Eastern Europe. According to the UN, of all the countries that are expected to shrink the most in the coming decades, the top 10 are all in the eastern half of the continent, and seven of those are in the European Union. One cause for concern among many of these countries is the EU’s freedom of movement, one of the four “fundamental freedoms” of goods, capital, services, and people that bind the 28. Although most press coverage of the bloc’s easternmost nations has focused on the rise of anti-immigration populism, there is mounting concern about the brain drain of its most highly qualified citizens to better jobs abroad. In at least six of the EU, the people leaving have become as controversial as those arriving, with some countries now favouring emigration controls.

In essence, the EU’s freedom of movement guarantees an absence of barriers for anyone looking for a job within the 28 countries and makes discrimination based on nationality in work or employment illegal. For many of the EU’s new entrants in the East—including Poland, Hungary and Romania—a future where capital and people could move more freely between themselves and France, the UK, or Germany looked like a fast-track to the top-tier of developed nations. But somewhat ironically, it has only accelerated the departure of those who are crucial to getting there.

In the last century, Eastern Europe has suffered the most dramatic population decline in recent history. According to one study, between 2013 and 2016, approximately 230,000 people left Croatia—a country with a population of only four million—for the 11 “core EU countries” of Western Europe. In the United States, this would be the equivalent of a city the size of Chicago leaving every year. This mass exodus of people is not lost on the country’s politicians; last year the Croatian President called the freedom of movement the “biggest drawback” of the EU. “Mobility is good, as long as people come back. But Croatia is now recording strong negative demographic trends,” she said during a visit to Brussels.

Since Latvia joined the EU, it has lost one-fifth of its population. Romania, a country that according to one organisation is due to see the most drastic population decline, has seen over three million leave the country since it joined the EU in 2007. It lost half of its doctors between 2009 and 2015, the vast majority to better-paid employ in the richer hospitals and surgeries of Western Europe, leaving its health service poorly staffed and on the brink of collapse. High mortality (including infant mortality) and low birthrates are only accelerating the decline.

Large-scale migration of healthcare workers from East to West has been an uncomfortable reality for over a decade, and the young needn’t travel long distances to drastically increase their standard of living. One Estonian doctor who graduated from medical school in 2001 was able to quadruple his salary by moving only 200 kilometres to Finland. In 2018, Denmark enjoyed the EU’s highest average gross annual pay at nine times that of the continent’s lowest in Bulgaria. Who can blame those who head for the greener pastures on the other side?

One solution, that may seem obvious to many, is to increase inward migration from overseas. There is one big problem, however. Eastern European attitudes are  less favourable to immigration than they are in countries in the north and west. Cultural preferences, like sharing a religion, are also more important. According to 2017’s Gallup’s Migration Acceptance Index, all but two of the top 10 countries least accepting of immigration were from Eastern Europe (the others being Israel and the Czech Republic, which is considered Central Europe). Even Japan, a country that has also suffered from population decline—although for different reasons—and is reluctant to accept any large-scale immigration, has now begun to implementmeasures that will open itself up to labour from foreign countries.

The reasons people leave countries in the former Eastern bloc are numerous. Many are concerned about corruption and the limits it places on their country’s future. Others already have family living elsewhere on the continent. Most simply are looking for better prospects for themselves, their children, and their children’s children. Those taking part in the immigration debate in the West should be careful not to forget this fact. The drive to achieve a better life is the most human of instincts and we should not cast blame on those who act on it, lest we throw away our own humanity.

Equally, liberals and progressives in the West should stop viewing the immigration debate solely as an opportunity to flaunt their tolerance and “openness.” A welcoming nature and a desire to help those less fortunate than ourselves are admirable traits, but we mustn’t forget that by welcoming the world’s premier doctors, entrepreneurs, academics, and engineers—with few restrictions—we are depriving the places they come from of their potential; robbing them of the chance to make emigration an option, rather than a necessity—as many feel it is today.

On the liberal Left, acceptance of large-scale immigration is increasingly framed as a moral issue: are you a racist, or a xenophobe? If the answer is “neither,” what’s the problem? This forced dichotomy of good/bad or closed/open is unhelpful and obscures rather than illuminates. Ironically, while liberal immigration policies in general, and freedom of movement in particular, undoubtedly help those who leave, for the vast majority left behind, the result is a country that, in the long term, is measurably worse off. More often than not, those who frame the immigration debate in the starkest terms have little to say about this poaching of skills and talent from elsewhere.

In Europe, a conundrum we will increasingly have to confront is how to embrace openness whilst avoiding the erosion of another country’s social fabric. This may mean fundamentally reevaluating the freedom of movement, or at least restricting it to economies with comparable pay and conditions. Another solution may come in the form of increased cash transfers, and investment in smaller economies by bigger ones to try and level out standards of living. Something must be done soon, or populations in eastern Europe will continue to disappear.

History shows us that mass emigration can change a country forever. In an upstairs window of the Irish president’s official residence, one lamp flickers constantly. Lit by President Mary Johnson in 1990, it is a beacon to light the way home for the millions of descendants of the Irish who left their homeland over the centuries. (Ireland’s population peaked at more than eight million people in around 1840 and hasn’t yet recovered almost two centuries later.) One wonders whether the less prosperous countries of the European Union hit hardest by emigration may light their own lamps soon enough.

Source: Eastern Europe’s Emigration Crisis

There’s a debate over Canada’s new definition of anti-Semitism, and it might sound strangely familiar

Needed raising of some parallels:

You could be forgiven for having missed the fact that Canada has adopted a formal definition of anti-Semitism. It was included as part of the government’s new anti-racism strategy, announced by Heritage Minister Pablo Rodriguez earlier this week, in a list of terminology toward the end.

“Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews,” it reads. “Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

This is a relatively recent definition, adopted in 2016 by the International Holocaust Remembrance Alliance (IHRA), an intergovernmental body with 31 member countries, including Canada. It’s since been adopted by a handful of countries, including the U.K. and Germany.

But controversy has bubbled up around the IHRA definition, fuelled by those who believe it’s over-broad and could chill legitimate criticism of the Israeli state. Though Canada isn’t passing any new laws to curtail debate about Israel, some believe the IHRA definition is a threat to free speech.

If this sounds strangely familiar, that’s because the debate bears a certain resemblance to the controversy that raged for months over M-103, the Liberals’ anti-Islamophobia motion that Conservatives claimed would threaten people’s right to criticize Islam. The arguments in both cases are oddly similar — they’re just coming from very different quarters.

The IHRA definition of anti-Semitism is brief, but includes a list of 11 contemporary examples, such as “the myth about a world Jewish conspiracy,” and the claim that Jews invented or exaggerated the Holocaust. It also lists as anti-Semitic “applying double standards by requiring of (Israel) a behaviour not expected or demanded of any other democratic nation.”

Aidan Fishman, former national director of B’nai Brith Canada’s league for human rights, said his organization pushed for Canada to adopt the IHRA definition because of a “really alarming rise” in anti-Semitic incidents in recent years.

“It’s a very comprehensive definition, which really encapsulates anti-Semitism in its modern form,” he said. Canada’s decision comes in the midst of an international effort by Jewish organizations to urge governments and political parties to formally adopt the IHRA definition.

Anthony Housefather, a Liberal MP from Montreal and chair of the House of Commons justice committee, said defining anti-Semitism is key to fighting it. “Most people just need to be educated and understand where something crosses the line,” he said.

Still, the IHRA definition has not been universally embraced. Last week, just days before the anti-racism strategy was released, the British Columbia Civil Liberties Association (BCCLA) released a statement saying the definition is “extremely vague,” “open to misinterpretation” and could undermine Charter rights to free speech. “We fear that if adopted, the IHRA definition will serve to severely chill political expressions of criticism of Israel as well as support for Palestinian rights,” the association said.

In a statement to the National Post on Thursday, the NDP said the party supports the anti-racism strategy, but likewise raised concerns about the IHRA definition, saying it “could be a threat for people who legitimately denounce grave human rights abuses by the government of Israel against Palestinians.”

Independent Jewish Voices, an organization that supports the call for boycott, divestment and sanctions (BDS) against Israel, is urging Ottawa to reconsider. “The full definition’s examples conflate fundamental criticisms of Israel and/or Zionism with anti-Semitism — a position IJV strongly rejects,” the organization said in a statement, adding its adoption “would pose a serious threat to freedom of expression and academic freedom in Canada.”

Fishman and Housefather both denied this, pointing out that the definition states that “criticism of Israel similar to that levelled against any other country cannot be regarded as anti-Semitic.” But Fishman said support for the BDS movement does constitute anti-Semitism under the IHRA definition to the extent that supporters also, for example, call for the lifting of sanctions against Iran — a double standard, he argued.

“There are many parts of BDS which are indeed a new form of anti-Semitism when you single out Israel,” Housefather said.

Canada’s anti-racism strategy does not propose any new penalties for anti-Semitism, nor does it propose new legislation — it provides only a definition. But Meghan McDermott, staff counsel for the BCCLA, said she worries it could eventually be incorporated into the Criminal Code. “It’s kind of what we would call soft law for now,” she said. “We just worry about that whole floodgates argument.”

That “floodgates argument” is strikingly similar to the concerns raised by Conservatives and other critics of M-103, the 2017 motion that called on the government to condemn Islamophobia and all forms of racism and religious discrimination. Though M-103 was not a government bill and proposed no changes to legislation, critics claimed that because Islamophobia was not precisely defined, the motion could restrict legitimate criticism of Islam.

B’nai Brith was among those critics. At a 2017 meeting of a parliamentary Heritage committee conducting a study of systemic racism as required by M-103, Michael Mostyn, CEO of B’nai Brith, called Islamophobia a “confusing” term with competing definitions. “We must ensure that no one can hide behind the idea that any criticism of Islam represents Islamophobia, or a vague definition to this effect,” he said.

Ultimately, the Heritage committee recommended Canada update its national action plan against racism, a commitment that’s now been fulfilled with the release of the new anti-racism strategy, which defines both anti-Semitism and Islamophobia. Its definition of Islamophobia “includes racism, stereotypes, prejudice, fear or acts of hostility directed towards individual Muslims or followers of Islam in general.”

The Conservatives did not respond to a request for comment about the new strategy and its definitions.

McDermott insisted the two debates — about anti-Semitism and Islamophobia — are not analogous, as the controversy over the IHRA definition centres around criticism of a foreign nation. The debate over M-103, she said, wasn’t “grounded in reality.”

“It seemed to me that it was… people who were Islamophobic who were making those arguments,” she said.

For his part, Fishman said criticism of the IHRA definition is ill-founded. “And I think some of it is actually motivated by a desire on the part of certain groups… to keep pushing anti-Semitism,” he said.

Cara Zwibel, director of the fundamental freedoms program of the Canadian Civil Liberties Association, said she’s concerned about any definition of racism that’s too broad, because of the importance of freedom of expression. Still, she pointed out, nothing in Canadian law has actually changed.

“There’s nothing in that strategy at the moment that seems to restrict rights in any way,” she said. “It’s more about empowering people to respond.”

On Canada Day, let’s reconsider the high cost of citizenship

While I have long advocated for a decrease in citizenship fees, given the mix of personal and public benefits of citizenship, her points on permanent residency fees miss the fact that these only cover processing costs, not the more than $1 billion the government spends on settlement services such as language training.

Both Conservative and Liberal governments in their substantial funding for settlement services demonstrate their recognition of the public, not just personal, benefits of immigration.

Similarly, while citizenship data (administrative and Census) show some groups adversely affected by the 2014-15 fee increases and other changes, visible minorities form close to 80 percent of all immigrants, so hard to make the case that this is a major barrier:

At any international airport, the passport of those making their way through customs could be a source of envy or a source of pity, quietly communicating the perceived quality of life lived by its holder. Voluminous emigration and immigration have turned citizenship into the “most significant class lottery remaining in the modern world,” in the words of one journalist. Perhaps recognizing this, many countries including Canada have successfully capitalized on immigration.

The path to Canadian citizenship has gone through a series of changes. In the past, in addition to being able to marry into citizenship, one could literally buy citizenship – a program Quebec continues to this day. Currently, the journey to citizenship begins with permanent residency. Apart from transitioning from a student or worker to a permanent resident, other options include using foreign entry programs such as Family Sponsorship, Economic, and Business Immigration.

Regardless of the option, in addition to the application cost comes a payment of $490 for the right of permanent residence fee, without which permanent residence status is not granted. Protected persons are exempt from this expense.

Introduced in 1995 and levied on individuals seeking permanent residency,first at a hefty price of $975, the fee is seen as “a partial compensation for benefits which accrue to the person who acquires permanent resident status and helps to defray various costs incurred in delivering the immigration program.” But this may not have been the only reason for its introduction.

The right of permanent residence fee (then called right of landing fee) came at a time when there was an increase in immigrants from Asia and the Middle East and a plummet in the numbers originating from the U.S. and Europe.

In a world where economic parity is heavily influenced by gender and colour, this fee continues to be a major impediment for many and is especially intensified if one is a woman of colour. Exceptions made for protected persons aside, and though levied regardless of the country of origin, it favours those with economic stature, which in today’s world continues to be withheld from women and people of colour, thereby contributing to inequities in education and employment opportunities.

After proving one’s worth as an upstanding permanent resident, if financial means allow, then the next step toward active civic engagement is in the form of an application for citizenship (bumped to $530 from $100 in 2015) which, once again, could be loaded with added costs.

In total, the price paid to acquire Canadian citizenship quickly escalates, approximately amounting to between $3,000 and $4,000 (or more) and may include translation fees; lawyer’s fees that could be as steep as $400 for a consultation; medical exams and diagnostic testing, which aren’t covered by provincial health care plans; official language testing by a third party; miscellaneous costs such as citizenship certificates; permanent resident card renewal; photographs, conveyance and mailing. And this is without factoring the expenses associated with holding the status as an international student or worker (before applying for permanent residency) within Canada.

In 2017, Canada should have received more than $78-million from 159,262 economic immigrants, solely based on the right of permanent residence fee, many of whom pay this amount even before arriving to Canada. Once here, if these individuals choose to pursue citizenship, then once again it translates into millions of dollars wending their way to government coffers.

There is privilege attached to becoming a Canadian citizen. But it isn’t something that is easily afforded for many. Of the total cost of the arduous, emotional and financially stressful path to citizenship, approximately 15 per cent to 20 per cent is directed toward buying the permanent residence and citizenship rights – to be able to belong, to be able to vote, and most importantly, to be able to call oneself Canadian. The fact remains that, today, the current immigration system, consciously or unconsciously, promotes gender and economic disparity globally. In a world where immigration is more than just a means to move from one country to another, it is time to recognize what this has evolved into – a booming business that only profits certain countries.

Source: On Canada Day, let’s reconsider the high cost of citizenship

Why Trump Lost the Census Case

Good analysis from the right:

I’ll freely admit, I’m surprised. In April I predicted that the Trump administration would prevailin its effort to include a citizenship question on the 2020 census form. I based my conclusion on the combination of Congress’s broad delegation of authority to the executive branch to conduct the census in the “form and content” that the secretary of commerce determines, the historical norm of including citizenship questions, and the traditional leniency of so-called arbitrary and capricious review.

Against this legal background, I believed that — like with the travel-ban case — a chaotic process would matter less than the very broad discretion granted the president by existing law. I was wrong.

Today, Justice John Roberts joined the four more progressive judges to reach a legal conclusion (articulated in a complex series of interlocking and competing concurrences and dissents) that roughly goes as follows: Including a citizenship question in the census is not “substantively invalid.” However, the Administrative Procedure Act applies, and it is “meant to ensure that agencies offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public.” Since the administration’s explanation for its agency’s action was “incongruent with what the record reveals about the agency’s priorities and decisionmaking process,” the administration failed to meet its APA obligations.

The secretary of commerce had pointed to an assertion from the Department of Justice that the question would assist in voting-rights enforcement. To put it simply, the majority did not buy that explanation, finding that it was more of a rationalization: The secretary of commerce decided to include the question, went hunting for a reason, and eventually got the DOJ to help.

Quite frankly, this sounds about right. As the Court put it, “the evidence tells a story that does not match the explanation the Secretary gave for his decision.” This section of the opinion is instructive:

“The record shows that the Secretary began taking steps to reinstate a citizenship question about a week into his tenure, but it contains no hint that he was considering VRA [Voting Rights Act] enforcement in connection with that project. The Secretary’s Director of Policy did not know why the Secretary wished to reinstate the question, but saw it as his task to “find the best rationale.”

A different way of putting the opinion is that the APA, at the very least, requires an honest process.

Why was this outcome different from that of the travel-ban case? In that case, the president himself offered evidence that the stated reasons for the administration’s actions were pretextual. The president himself provided evidence that anti-Muslim animus provided at least part of the justification for his order. Yet in that case the statue at issue was different. If the census statutes granted the president considerable discretion, the statute at issue in the travel ban granted him truly immense discretion, unbounded by the APA. Different statutes yield different outcomes.

So now what? There is much speculation on Twitter that the administration may have time to go back to the drawing board, conduct a proper process in accord with truthful, justifiable reasoning, and obtain legal approval in time to print the census forms.

It’s possible, but I’m skeptical. First, there are now real questions as to whether the process was improperly influenced by arguments by deceased Republican redistricting expert Thomas Hofeller that adding the citizenship question would be “advantageous to Republicans and Non-Hispanic Whites.” Evidence of racial animus would almost certainly alter the legal calculus and require the administration to go to great lengths to show that any new process has been cleansed from any racist taint.

Plaintiffs will again challenge any effort to include the question, they’ll likely obtain injunctions in favorable jurisdictions, and then the clock will become the administration’s enemy. I could well be wrong, but I’m doubtful SCOTUS will have an opportunity to opine before that clock runs out.

There is a lesson here, one that the administration (and indeed, all litigants) would do well to remember. When engaged in conduct that’s likely to lead to litigation, make it easy for the court to rule for you. Chaos can lose cases. Evidence of disingenuousness alienates judges.

Process matters, and you always want to appear to be the most reasonable party before the court. The Trump administration has gotten away with chaos before. It did not today, and as much as conservatives may once again grow angry at Justice Roberts for joining the Court’s progressive wing, if they want to place real blame for today’s Supreme Court setback, look to the administration. Its lack of candor caught up to it, and honesty may now come too late.

Source: Why Trump Lost the Census Case