Imagine there’s no havens

Sri Lankan Tamils in need of protection should not have to hide out for days in Bangkok safe houses, and pay $50,000 to smugglers to board a dilapidated fishing trawler to Canada
.Sri Lankan Tamils in need of protection should not have to hide out for days in Bangkok safe houses, and pay $50,000 to smugglers to board a dilapidated fishing trawler to Canada.

One of the 492 passengers aboard the MV Sun Sea died at sea during the journey from Thailand to the coast of British Columbia. Now, according to a member of Bangkok's Tamil community, another group of Tamils is waiting in a five-storey apartment block close to Bangkok's Don Mueng airport for another ship to be ready to ferry them to Canada.

If Ottawa wants to stop these boatloads of human cargo, the government should spearhead international pressure on countries such as Thailand, Indonesia and India to sign the 1951 UN Convention on Refugees. Then Sri Lankans fleeing persecution based on race, religion, nationality, political opinion or membership in a social group could seek a safe haven in these neighbouring countries, which currently lack a legislative framework for refugee protection.

In the past, many Asian countries have argued that signing the convention would place an undue financial burden on them, and that the convention is not designed for mass migrations.

Yet even in non-signatory countries the UN High Commissioner for Refugees still maintains a presence and processes the flow of refugee claimants. Tamils landing in Bangkok do not need to become the prey of human smugglers, but may seek protection with the UNHCR office. The UNHCR in Thailand has designated 700 Tamils as refugees, 100 of whom live in detention centres. Half of the 140,000-strong Tamil diaspora lives in India, albeit with some restriction of their movement.

Sri Lankan Tamils also have other options. The Tamil community in Canada could consider applying to sponsor refugee families. This has proven to be a highly effective way to resettle refugees; last year Canada accepted 5,036 privately sponsored refugees, and 7,425 government-sponsored ones.

There is one other option for Tamils. At least some of those displaced by war can now consider returning to their homeland. Following last year's end of the three-decade-long conflict between government forces and the rebel separatist group, 1,857 refugees from India have successfully returned to Sri Lanka. Of course, this is not a practical solution for all; the UNHCR has said that cases must be assessed on an individual basis and that some Tamils, especially child soldiers, human rights workers and journalists, remain vulnerable to violence.

There are better ways for Tamils to find a safe haven than a dangerous, costly voyage across the Pacific, with its risk of disease, promise of indebtedness and, ultimately, uncertainty in their asylum cases, even if they do reach Canadian shores.