The exclusion of Roma claimants in Canadian refugee policy

Abstract

The arrival of thousands of European Roma seeking refugee status in Canada elicited a range of legislative and policy instruments that severely restrict their acceptance and create conditions antagonistic to further admissions. Interventions have included visa restrictions, actions by Immigration and Refugee Board, the Balanced Refugee Reform Act followed by the Protecting Canada's Immigration System Act, and ministerial rhetoric about the illegitimacy of Roma as refugees. Other factors have involved interpretations of persecution in relation to the Geneva Convention and Protocol, and the implications of the conditions required for membership to the European Union. These political circumstances in large part determine Canadian acceptance rates for the Roma. Their systematic exclusion is reminiscent of the historical treatment of other groups due to institutional racism. In the new racism, however, refugee law and policy is racist in effect while evading the language of race.