TSCE #7(E): Does Allowing Illegal Aliens Into Canada Violate International Agreements?

(UN Office on Drugs and Crime)

1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Important Links

(1) https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf
(2) https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html
(3) http://archive.is/q0XqK
(4) https://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtocolTraffickingInPersons.aspx
(5) http://archive.is/cjnJt
(6) https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx
(7) http://archive.is/onmrr
(8) http://www.ungift.org/
(9) http://archive.is/Fjuv6
(10) https://treaties.un.org/doc/Treaties/2000/11/20001115%2011-38%20AM/Ch_XVIII_12_ap.pdf
(11) https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx
(12) http://archive.is/onmrr
(13) http://www.ilo.org/public/english/standards/relm/ilc/ilc87/com-chic.htm
(14) http://archive.is/OZQM
(15) https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf
(16) https://www.justice.gc.ca/eng/cj-jp/tp/legis-loi.html
(17) http://archive.is/RQVYA
(18) https://www.washingtontimes.com/news/2018/may/22/children-abducted-illegals-posing-families-us-bord/

3. Context For This Piece

Canada has signed several international treaties, relevant to the prevention of trafficking, smuggling, and other exploitation of people. These agreements include:

  • “Protocol to Prevent. Suppress and Punish Trafficking in Persons. Especially Women and Children. supplementing the United Nations Convention against Transnational Organized Crime”, in 2000
  • “Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography”
  • “ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst forms of Child Labor”

The purpose, as you can imagine, is for governments around the world to cooperate in preventing these activities from happening. Also, it is to punish those responsible when it does happen. Accordingly, they must be taken seriously.

But what happens when certain governments turn a blind eye to people illegally crossing their borders? What happens when governments enact policies that openly encourage human smuggling and trafficking to occur? Does this not help circumvent the very treaties which are designed to keep vulnerable people safe?

This is a bit of a rhetorical question, but I believe the answers are “yes”. Should make for interesting discussion, especially if this ever gets advanced in court. As outlined in the last article, the appeal of the Prothonotary’s decision was dismissed. This is unjust, considering how big the issue of illegal crossings into Canada is.

4. Link Between Illegal Crossings/Trafficking

More on the research is available in this review. It details the size and scale of smuggling and trafficking, and gives much needed background information on the people who are likely to be involved. The original source is linked here, and well worth a read.

(There is a connection between smuggling and “irregular migration”)

(UN abhors smuggling, but fake refugees get a pass)

2.1 Smuggling of migrants and the concepts of irregular migration and trafficking in persons
2.1.1 Irregular migration
The relationship between irregular migration and smuggling of migrants has been discussed in the literature, with most authors acknowledging the crucial role of smuggling of migrants in facilitating irregular migration.

In looking at the relationship between the two concepts, Friedrich Heckmann stresses that smuggling of migrants plays a crucial role in facilitating irregular migration, as smugglers may provide a wide range of services, from physical transportation and illegal crossing of a border to the procurement of false documents.

Yes, this has been brought up before, but it is designed to hammer the point home. Smuggling of people across borders is directly connected to the “irregular migration” that occurs at the end. It is the end result of these actions which show no respect for national borders or sovereignty. The UN review is rather blunt on the subject.

2.2 Conceptualization of smuggling of migrants
2.2.1 Smuggling as an illegal migration business
The conceptualization of smuggling as a migration business was formally developed by Salt and Stein in 1997, even if one may find reference to this theory in earlier literature. This new interpretation of the smuggling phenomenon had a great influence on academic circles, and the concept was then borrowed by many academics. In a critical analysis of this concept, Herman stresses that the focus of expert discussions then revolved around the notion of a migration industry and its professionalization, in which migrants are seen as “products” and “people who aid migrants are called ‘smugglers’, and are portrayed as illegal ‘entrepreneurs’”

Salt and Stein suggested treating international migration as a global business that has both
legitimate and illegitimate sides
. The migration business is conceived as a system of institutionalized networks with complex profit and loss accounts, including a set of institutions, agents and individuals each of which stands to make a commercial gain.

The model conceives trafficking and smuggling as an intermediary part of the global migration business facilitating movement of people between origin and destination countries. The model is divided into three stages: the mobilization and recruitment of migrants; their movement en route; and their insertion and integration into labour markets and host societies in destination countries. Salt and Stein conclude their theory by citing the need to look at immigration controls in a new way, placing sharper focus on the institutions and vested interests involved rather than on the migrants themselves.

In some sense, this is quite obvious. Of course smuggling and trafficking are businesses, where the commodity being shipped is the people.

5. Protocol to Prevent, Suppress/Punish Trafficking

The full name of this treaty is the “Protocol to Prevent. Suppress and Punish Trafficking in Persons. Especially Women and Children. supplementing the United Nations Convention against Transnational Organized Crime. New York, US November 2000”.

Canada is a signatory to this treaty, and as such, should be expected to participate in good faith. Here is the preamble to the treaty, followed by a few Articles contained within.

The States Parlies to this Protocol,
.
Declaring that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking. including by protecting their internationally recognized human rights,
.
Taking into account the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons,
.
Concerned that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected,
Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing (he elaboration of, inter alia, an international instrument addressing trafficking in women and children,
.
Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime.
Have agreed as follows:

The goal is pretty straightforward, to create a universal and inclusive agreement on how to combat human trafficking.

The main difference between smuggling and trafficking is one of consent. Smuggled people are willing accomplices, while trafficked people are essentially prisoners. While this treaty specifically refers to trafficked people, the same measures should be taken considered people who are smuggled.

First, you can’t usually tell right away if the person is willing or not.

Second, the nations these people are entering should have some rights.

Article 2
Statement of purpose The purposes of this Protocol are:
(a) To prevent and combat trafficking in persons, paying particular attention to women and children;
(b) To protect and assist the victims of such trafficking, with full respect for their human rights: and
(c) To promote cooperation among States Parties in order to meet those objectives.

Article 11
Border measures
I. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons.
2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible. means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article S of this Protocol.
3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers. including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
6. Without prejudice to article 27 of the Convention. States Parties shall consider strengthening cooperation among border control agencies by, inter alia. establishing and maintaining direct channels of communication.

Our current process of letting the RCMP escort people across the border only to release them a few hours later does the public no good at all. Even if people are being willfully smuggled (as opposed to trafficked against their will), we should not be letting such people enter the country on these terms.

The 2000 agreement Canada signed onto “should” mean something substantive. It shouldn’t allow people to flaunt our laws, with possibly trafficked persons in the group.

6. Rights Of Child Not To Be Exploited

This UN Protocol is called the “Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography”.

Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development,
.
Gravely concerned at the significant and increasing international traffic in children for the purpose of the sale of children, child prostitution and child pornography,
.
Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography,
.
Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation and that girl children are disproportionately represented among the sexually exploited,

Article 9
1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to such practices.
2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level.
3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery.
4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible.
5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol.

Article 10
1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations.
2. States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation.
3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism.
4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes.

This protocol seems reasonable enough. Making sure that children are not being harmed or exploited is a valuable societal function.

However, when we allow people to enter Canada illegally, and release them into the country soon afterwards, we have no way of knowing what will happen. Our system, which rewards people for deliberately bypassing official border crossings does everyone a disservice.

No decent person wants children to be exploited, sexually or otherwise. But having laws that make it easy to do so ensures that it will happen at some point.

7. Eliminating Worst Child Labour

This international agreement is the “CONVENTION CONCERNING THE PROHIBITION AND IMMEDIATE ACTION FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR ADOPTED BY THE CONFERENCE AT ITS EIGHTY-SEVENTH SESSION, GENEVA, 17 JUNE 1999”.

Article 2
For the purposes of this Convention, the term “child” shall apply to all persons under the age of 18.

Article 3
For the purposes of this Convention, the term “the worst forms of child labour” comprises:
(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Article 4
1. The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.
2. The competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.
3. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.

Article 5
Each Member shall, after consultation with employers’ and workers’ organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention.

Article 6
1. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour.
2. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

All of these articles are completely reasonable, and admirable goals. However, to repeat from earlier, how do we enforce these things we have committed ourselves to doing if we aren’t willing to properly enforce a border? How can we make sure the children (and adults too) are being let in under the pretenses we are told?

Without taking the time to check thoroughly, how can the RCMP, (and Border Services) ensure that they are not unwitting accomplices to human trafficking or human smuggling?

8. What If People Aren’t Who They Claim?

Canada of course has other international obligations. These listed are just 3 of them related to prevent of people being exploited.

  • “Protocol to Prevent. Suppress and Punish Trafficking in Persons. Especially Women and Children. supplementing the United Nations Convention against Transnational Organized Crime”, in 2000
  • “Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography”
  • “ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst forms of Child Labor”

Let’s take a look at what is happening across the U.S./Mexico border: people are abducting children in order to pass as a “family unit” when illegally crossing into the U.S.

The government warned federal judges in 2016 that their attempts to create a catch-and-release policy for illegal immigrant families would lead to children being “abducted” by migrants hoping to pose as families to take advantage.

The court brushed aside those worries and imposed catch-and-release anyway.

Two years later, children are indeed being kidnapped or borrowed by illegal immigrants trying to pose as families, according to Homeland Security numbers, which show the U.S. is on pace for more than 400 such attempts this year. That would be a staggering 900 percent increase over 2017’s total.

This Washington Times article details how adults wanting to illegally cross into the U.S. are actually abducting children to appear as a “family unit”. That’s right, children are being kidnapped to make it easier for others to stay in the United States illegally. An article in May 2019 suggested that 1/3 of “families” crossing were not blood related at all.

Sure, the adults use children to cross the border. What happens to them afterwards?

Is permitting illegal crossings a violation of international agreements? In context, many people who say yes they are.

9. How Diligent Is IRB/CBSA?

This evidence transcript is from a Parliamentary meeting on the illegal crossings going on. Let’s look at a few sections of the testimony.

Spoiler, it’s not very encouraging. 16 month wait times, and it’s based largely on the honour system. Of course, we take people at their word that they, and “their” children, are who they claim to be.

*****************************************************************

The response team has both operational and adjudicative thrusts. I’d like to underline that this response has not diminished in any way IRB’s ongoing commitment to one of the key objectives of the Immigration and Refugee Protection Act, which is the security of Canadian society. For example, the IRB has a publicly accessible policy that requires that the RPD not accept a refugee claim until CBSA has had a reasonable opportunity to complete its security screening. This policy remains in place for all claims, including those heard through the response team. There are other processes related to security matters that I would be happy to discuss during the question period, if they are of interest.

Since July 1, more than 8,000 claims were referred to the RPD. Before this, we were projecting an intake of 40,000 cases for this fiscal year. The strain on the organization to handle this many people’s hearings is enormous, as our capacity to hear cases this fiscal year, following a plan of action for efficiency and internal reallocation of funds, is roughly 2,000 per month, or 24,000 per year.

Naturally, claimants whose hearings are not brought before a decision-maker of the response team in the next two months will wait to be scheduled like other claimants. Wait times before the Lacolle arrivals were already at approximately 16 months per person. Intake in the eastern region, in the month of September alone, was equal to the eastern region’s intake for all of 2016.

*****************************************************************

Mr. Larry Maguire:
What kind of lag time would we see in that?

Ms. Shereen Benzvy Miller:
We have a 16-month wait time for our regular stream. But are you asking me about when the basis of claim form will be expected?
That practice notice is just a temporary practice notice. We’re going to wait to see probably until the end of November before we reconsider whether or not we suspend that practice notice in which case it would go back to 15 days.

Mr. Larry Maguire:
How do you keep track of those people in the meantime? Where are they?

Ms. Shereen Benzvy Miller:
If you go to our website, it says that you need to submit all the information around tombstone data, like address, and you have to keep us apprised of your changes of address and contact information. If you have counsel or if you have a consultant who is working with you, we need their contact information as well.
We are in contact with them about the scheduling and their claim processing.

Mr. Larry Maguire:
Are either of you aware of any process that CBSA or others would use to make sure they know where all the illegal immigrants that come across are in Canada at all times?

Ms. Shereen Benzvy Miller:
Do you mean by that, people who have crossed the border irregularly?

Mr. Larry Maguire:
Yes.

Ms. Shereen Benzvy Miller:
You have to ask CBSA but we all keep track of the claimants relative to the information they’ve given us. They are responsible for keeping all of us up to date on their changes of address and where they are in the country, which is how my colleague was able to describe where the secondary migration to other cities has happened.

Mr. Larry Maguire:
When you say “they”, is that information that immigration or CBSA has given you, or is it the individuals themselves?

Ms. Shereen Benzvy Miller:
The claimants are responsible for maintaining their files up to date. Like any court procedure, you would always be responsible to that tribunal for your information. These are very official processes with the claimants.

Mr. Larry Maguire:
You were saying there were 8,000 crossings since September 1, or was it July 1?

Ms. Shereen Benzvy Miller:
That’s the number that had been referred to us since July 1, and we don’t keep the statistics about the number of people crossing. We only become seized with the matter when the referral has been by CBSA or IRCC. Our data are always about our caseload, not about the number of people who have interfaced with IRCC or CBSA.

*****************************************************************

Our political leaders at work….

TSCE #1: The Series, And Other Accounts To Follow

(Cathy Fox, blog)

(Critical Thinkers Club, https://twitter.com/CRITHINKCLUB)

(Paula Loves Children, @paulacblades001)

(Resist Child Sec Trafficking, @LadyLibertyinEx)

(Titus Frost, 1984. YouTuber)

1. Trafficking, Smuggling, Child Exploitation

(1) TSCE Series Intro, Other Accounts
(2) Suing For Right To Enter U.S. Illegally
(3) UN Hypocrisy On Sexual Abuse
(4) Fake Refugees Gaming The System
(5.1) Various Topics In TSCE
(5.2) Private Members’ Bills On Variety Of Subjects
(6) Islamic Sexual Violence, Women/Children
(7.1) UNHCR Party To S3CA, Consults Required
(7.2) UN Blurs Line: Smuggling/Irregular
(7.3) More Research Into Human Smuggling
(7.4) Illegal Immigration Often Smugg/Trafficking
(7.5) Open Borders In General, Facilitate Trafficking & Smuggling
(8.1) The Groups Opening Canada’s Borders
(8.2) Amnesty International’s Zionist Roots
(8.3) CDN Council For Refugees’ Lobbying Efforts
(8.4) Bridges Not Borders, Plattsburg Cares, Solidarity Across Borders
(8.5) David Berger: CCR, Jewish Ref Act Network
(8.6) Lawfare Over The Years In Canadian Courts
(9.1) Bill C-75: Lower Sent. For Child Sex Crimes
(9.2) Does CDA Gov’t Support Child Trafficking?
(9.3) Hague Convention On Abducted Children Undermined Locally
(9.4) California State Senator, Scott Wiener’s Legislative Weapons
(9.5) Possible Decriminalization For Failing To Disclose HIV
(9.6) Using M-47 For LBGTQ Pandering, Deflect On Child Exploitation
(10.1) Politicians Deliberately Keep Border Open
(10.2) Sanctuary Cities Circumvent Border Security
(10.3) Sanctuary Cities (Toronto) Help Conceal Smuggling/Trafficking
(10.4) Soros Financing Smuggling; Open Borders
(10.5) DNA Testing To Spot Fake Families
(11.1) Pushing Trans Agenda On Young Children
(11.2) WHO/UNESCO Promoting Sex-Ed In Young Children
(12.1) Media Coverup Aided Epstein Child Trafficking
(12.2) Global News Pretends Pedo Networks Aren’t A Real Thing
(13.1) Planned Parenthood Chop-Shop Loses Funding
(13.2) Action Canada, Pushing For More Baby Parts
(13.3) Legal Education And Action Fund: Pro-Death Agenda
(14) China Harvesting Organs Of Political Prisoners
(15) Blaise Vanne: White Enslavement Ignored By Antifa/BLM

2. Why Follow These Accounts?

Because this is an incredibly important topic to address, awkward or uncomfortable as it is. Despite efforts to keep this buried, wide spread abuse, exploitation and trafficking of children is still rampant today. It is the dirty secret that a lot of people wish would just go away. And far from being nobodies doing it, these crimes are committed by very powerful people in society.

Any real journalists in Canada, the United States, (or elsewhere) should be interested and concerned with this. Anyone can cover Justin Trudeau and the stupid things he says. Real research and journalism involves getting into the topics that few (or no one else) will.

3. Invitation To Readers Of This Site

If you know of other media outlets (Twitter, YouTube, Facebook, etc…) that are devoted to this topic, and post good content, please let me know. They will be added as references.

TSCE #7(D): UN Research Into Smuggling and “Irregulars” (Cont’d)

(UN Office on Drugs and Crime)

(There is a connection between smuggling and “irregular migration”)

(UN abhors smuggling, but fake refugees get a pass)

(UN High Commission on Refugees)

(UN insists terrorists be allowed to return home)

This is a continuation to the last article, and the UN Office on Drugs and Crime. While the basics were laid out before, there is so much more detail to be included. In fact, the UN has done a surprising amount of research on this topic.

Yet they seem to have learned nothing from this research, or the results are being deliberately ignored.

To reiterate from last time: it is extremely hypocritical for the UN to claim that they are AGAINST smuggling and trafficking of people, yet SUPPORT mass illegal entries (which they minimize as “irregular”).

The connection between “irregulars” (or illegal aliens) and smuggling is straight forward. Human smugglers are the people who facilitate and coordinate these mass movements of people. They directly cause these “irregulars”, which the UN demands Western nations provide for. However, the UN, and other groups condemn the smuggling that is at the heart of it. The illegal aliens themselves are willing participants.

The difference between traffickers and smugglers is one of consent. Smugglers take people against their will. While victims of trafficking are not to blame for their situation, they are not legal immigrants either. And calling them “irregulars” deliberately blurs the line here.

A cynic may wonder if the UN is speaking out both sides of its mouth: demanding that Western nations take hoards of people from the 3rd World, all while pretending to reject the smuggling that at least facilitates this mass invasion.

Now let’s get right into the rest of this review.

1. Direct Connection Between Smuggling/Illegals

2.1 Smuggling of migrants and the concepts of irregular migration and trafficking in persons
2.1.1 Irregular migration
The relationship between irregular migration and smuggling of migrants has been discussed in the literature, with most authors acknowledging the crucial role of smuggling of migrants in facilitating irregular migration.

In looking at the relationship between the two concepts, Friedrich Heckmann stresses that smuggling of migrants plays a crucial role in facilitating irregular migration, as smugglers may provide a wide range of services, from physical transportation and illegal crossing of a border to the procurement of false documents.

Yes, this has been brought up before, but it is designed to hammer the point home. Smuggling of people across borders is directly connected to the “irregular migration” that occurs at the end. It is the end result of these actions which show no respect for national borders or sovereignty. The UN review is rather blunt on the subject.

2. Smuggling As A Business Model

2.2 Conceptualization of smuggling of migrants
2.2.1 Smuggling as an illegal migration business
The conceptualization of smuggling as a migration business was formally developed by Salt and Stein in 1997, even if one may find reference to this theory in earlier literature. This new interpretation of the smuggling phenomenon had a great influence on academic circles, and the concept was then borrowed by many academics. In a critical analysis of this concept, Herman stresses that the focus of expert discussions then revolved around the notion of a migration industry and its professionalization, in which migrants are seen as “products” and “people who aid migrants are called ‘smugglers’, and are portrayed as illegal ‘entrepreneurs’”

Salt and Stein suggested treating international migration as a global business that has both
legitimate and illegitimate sides
. The migration business is conceived as a system of institutionalized networks with complex profit and loss accounts, including a set of institutions, agents and individuals each of which stands to make a commercial gain.

The model conceives trafficking and smuggling as an intermediary part of the global migration business facilitating movement of people between origin and destination countries. The model is divided into three stages: the mobilization and recruitment of migrants; their movement en route; and their insertion and integration into labour markets and host societies in destination countries. Salt and Stein conclude their theory by citing the need to look at immigration controls in a new way, placing sharper focus on the institutions and vested interests involved rather than on the migrants themselves.

In some sense, this is quite obvious. Of course smuggling and trafficking are businesses, where the commodity being shipped is the people.

However, the solution seems almost designed to fail. Let’s focus on the institutions themselves and not the migrants?! If the migrants want what they view as a “better life” in Western nations, the demand will remain high. And as long as there is a demand, with customers willing to pay, then there will be people willing to take the risks.

The migration business theory seems still to be dominant in the literature analysing smuggling trends in North America, South-east Asia and the Pacific region, where smugglers are portrayed as “migration merchants”, while the smuggled migrants are considered clients paying for a service. However, it seems that academic views have evolved recently, with a greater number of authors, such as Zhang and Herman, looking at the role of family members and social networks in the smuggling process. While still endorsing the “migration business” theory, authors such as Doomernik and Kyle call for a more nuanced approach, as the empirical reality includes a mix of people with both altruistic and profit-making goals. empirical research led by Van liempt and Doomernik in the Netherlands in 2003 and 2004 looked at how smugglers of migrants may depict themselves as serving migrants rather than as profit-makers, despite the fees involved. equally, migrants may not use the word “smugglers” when they talk about the person who “helped” them. According to Aranowitz, the “mother of All Snakeheads”—a major Chinese smuggler is probably the symbol of the dual reality of smuggling of migrants, as she was a revered figure in New York’s Chinatown and considered a saint for “reuniting families”.

While this is interesting on some level, it does not change the basic reality. Helping to get people illegally into other countries is smuggling, regardless of whether it is driven by profit or humanitarian reasons.

3. Data From Interviews

3.2 Qualitative methodologies
3.2.1 Interviews with smuggled migrants
Methodological issues
Qualitative information can be extracted from various sources. For example, it can be the outcome of fact-finding missions carried out by researchers in source, transit and/or destination countries, involving interviews with actors in and witnesses of the smuggling process (migrants, migrants’ relatives and smugglers). The collection of direct information seems to be the most problematic, and research projects often require a combination of sources, such as interviews and police and court files.

Researchers may face difficulties in interviewing smuggled migrants and persons directly involved in the smuggling process. According to Düvell, Triandafyllidou and Vollmer, migrants are reluctant to participate, as they fear retaliation from smugglers and are also afraid that the information provided might be used against them and lead to deportation. Collyer, however, insists on the difficulties of getting a representative sample and of carrying out a proper interview, given the interviewees’ living conditions. Owing to these constraints, the interview technique varies greatly: while some researchers carry out observation in police stations or shelters, others conduct interviews on the basis of a standard questionnaire. Some academics use a mix of interviews and observations.

According to Heckmann, smuggled persons tend to cooperate in interviews when basic conditions are met, such as respect for anonymity, or when the interviewer is a person who comes from the same community as the smuggled person. Smuggled migrants may want to speak out of frustration with the smugglers or, after having achieved safe status, for political reasons. According to Bilecen, command of the migrant’s native language seems to be an imperative asset, together with being from the same community. Given the reluctance of smuggled migrants and smugglers, some authors have used tricks such as enrolling as social workers at the reception centre of Sangatte (France) or pretending to be irregular migrants.

Pretending to be a social worker or a fellow illegal is actually an interesting tactic. True, it is deception. But the entire presence and transport of these smuggled illegal aliens is based on deception, so it can be viewed as fighting fire with fire.

Of course getting direct information can be tricky. The entire point of these smuggling operations is …. wait for it …. to smuggle people. Giving direct and honest information can lead to their deportation, and to possible criminal charges as well.

Sure, speaking the same language can go a long way. Anyone familiar with police interrogations will tell you that having a connection with a suspect will help you get information.

3.2.2 Interviews with smugglers
There is a lack of research focusing on the smugglers’ perspectives that would allow insight into the subjective dimension of the phenomenon. According to Neske, this gap is understandable since smugglers are not interested in exposing themselves to publicity or law enforcement.

Yes, this is pretty obvious.

Now, let’s address some estimates about the size and scale of human smuggling and trafficking across borders.

4. Scope Of Int’l Smuggling

4. The scope of smuggling of migrants
Bearing in mind the methodological limitations on estimating the movement of smuggled migrants in the broader context of irregular migration, this chapter will outline quantitative information about the extent of smuggling of migrants with a focus on sub-regions and key countries. This information is scattered and/or imprecise for two reasons. Firstly, reports often mix up statistics on and refer interchangeably to irregular migration, trafficking in persons and smuggling of migrants. Secondly, quantitative assessments are limited mainly to smuggling towards industrialized Western countries, while intraregional movements in the southern hemisphere are largely ignored.

This chapter then looks at the current state of knowledge regarding smuggling routes. The literature reviewed reveals a dual perspective. On the one hand, the “traditional” view holds that all smuggling trends are converging towards the industrialized Western States. This perspective is dominant in the literature published in the early 1990s. On the other hand, more recent research shows that smuggling routes are far more diverse and that Western-centric views may not accurately represent the complex dynamics of smuggling of migrants. In any case, the routes outlined below provide only an overview of smuggling routes as described in the literature. Further details about the organization of sea, air and land movements are provided in chapter 9.

The report says that “irregular migrants” (who are really illegal aliens) get mixed up with people who are smuggled and trafficked. It seems that the authors are the ones contributing to this problem. They repeatedly try to make a distinction where none exists.

Part of the assumption that illegals head to Western nations is the fact that they have the best social programs. They also have lawyers and others who work hard to circumvent national laws. Heading to the West offers the best rate of return in most cases.

It will be interesting to read onward and see where these additional routes are. True, there is the belief that smuggling and trafficking heads mostly here.

The report spends some time giving estimates of the number of illegals in various regions. However, it is clear that these are estimates (often conflicting estimates) and that they have few real answers.

5. Profile Of Smuggled Migrants

5.1 General profile of smuggled migrants
5.1.1 Social and educational background
According to figures in the IOM World Migration Report 2008, the vast majority of migrants around the world are young people, including a great proportion of underage persons. many developing countries have very young populations: in most African countries and many in Asia, about half of the population is under the age of 14. As stressed by Doomernik and Kyle, such countries encourage their young people to emigrate since they are facing severe underemployment and unemployment. Some authors have considered the role of State authorities—in particular in the Philippines and Spain—in migrant-exporting schemes. Although there are no consolidated global figures on the age pyramid of smuggled migrants, the figures shown by regional research tend to confirm that smuggled migrants are usually recruited from the young population.

There are diverging views about the social and educational backgrounds of smuggled migrants. According to authors such as Aronowitz, smuggled persons are usually the most disadvantaged in their own countries, with poor job skills or little chance of successful employment at home. They are often women and children, as shown by the smuggling and trafficking patterns in countries in eastern and Central Europe and West Africa. According to IOM, research on the profile of persons using the service of smugglers in Central Asia would present similar characteristics.

We are getting some honesty here, and it undermines a major narrative of the asylum pushers. A large amount of people claiming to be refugees fleeing persecution are actually economic migrants seeking a better life. While it is understandable that people want to make better lives for themselves, it does not translate into a “right” to migrate.

6. Profile Of Smugglers Themselves

6. Profiles of smugglers of migrants
The main objective of this chapter is to look at the social background of smugglers of migrants and their motivations. It will highlight the similarities and differences in the profiles of smugglers in different parts of the world. Because of the lack of information and the diversity of situations, the present review refrains from drawing general conclusions about the social and educational background of the persons involved in migrant-smuggling activities. Regional profiles of smugglers will be established according to analyses of law enforcement activities or information gathered directly from smugglers. Complementary information is provided in chapter 9.

6.3 Conclusions
There is a striking lack of information regarding the profile of smugglers. Scholars’ views can be divided into a criminological and a sociological perspective. The information about the smugglers is based mainly on police and court records and, to a lesser extent, on interviews with migrants. Some recent research includes a psychological perspective, including interviews with the smugglers about their motivations and background. Research based on interviews with smugglers should be further developed, as it provides subjective insight into the migrant-smuggling phenomenon

There are a lot of generalities in this. But a few conclusions from the chapter:

(a) Smugglers never give the full truth about their operations, as it would lead to the authorities easily disrupting them.
(b) Greatest trust happens when smuggler and their “migrants” come from the same communities and speak the same language.
(c) Some do it purely for money, and others are driven — at least partly — by altruistic reasons. It seems to act as a self-rationalization.

7. Organizational Details Of Smuggling

8. Organizational structures of smuggling networks
This chapter considers typologies of organizational structures and actors involved in
migrant-smuggling activities and highlight similarities and differences in the organizational
structures of smuggling networks in different parts of the world
. It then looks into details of how smugglers are organized in different parts of the world and reviews information about factors that influence the way smugglers are organized and elements that guide their evolution. Finally, it reviews information available to determine whether migrant-smuggling markets are increasingly dominated by transnational organizations.

8.1 General analysis of organizational structures of smuggling networks
8.1.1 Typology of structures
From a general standpoint, the literature has taken a great interest in the organizational structure of smuggling networks. Intergovernmental organizations and national administrations have published or sponsored research on this issue in order to increase the capacity to investigate and prosecute smuggling-related offences. The literature reviewed shows that smuggling of migrants can take many organizational forms, as indicated by the great diversity of concepts used to describe it. According to Heckmann, the methodology presented in the literature on smuggling of migrants is rather weak and often uses vague and ad hoc concepts, such as “the smuggling industry”, “migrant merchants”, “mom and pop smugglers” and “organized crime”.

8.3 Conclusions
Sources reviewed reveal a great disparity in the quantity and the quality of information about the organization of smuggling networks. Few regions have been researched, and there is often a critical lack of comprehensive and up-to-date research available. Specific research has not been carried out in North and West African countries; and investigative and judicial data from european sources have been used. Further research should be developed in order to get a more comprehensive understanding of the organization of smuggling networks around the world.

Some useful information is contained in the chapter.

While there are areas that are under researched, it may be that the methods used are similar to those that are more documented in other nations. After all, how many techniques can there be that are totally novel?

8. Human & Social Costs

10.1 Human costs
The literature reviewed is highly critical of the law enforcement strategy currently deployed at the maritime borders of EU, which is deemed to be both inefficient in preventing irregular migration and inhumane towards the migrants. According to Spijkerboer, increased border controls have led to the loss of more lives, and further tightening of external EU borders will intensify this trend. Heckmann stresses that improved border control measures have contributed to establishing a low-cost segment of the market, in which smugglers endanger the health and lives of the smuggled migrants. This opinion is shared by authors such as Carling, monzini, eylemer and Şemşit, to name but a few.

10.2 Social costs The literature reviewed provides little information on the social costs of smuggling of migrants, except in respect of Africa. The high failure rate of internal journeys in Africa seems to indicate that, in many situations, migration can drain local resources and leave the country of origin and the communities of co-nationals abroad even more impoverished than before. most migrants depart with the savings of their family and loans from friends, making their migration a long-term investment. If they find themselves in difficulty during the trip, they ask for more money and often have it transferred in order to pay for later stages of the journey. The sums, for the country of origin, are often very high and dry up the family economy for years. Therefore, according to Beneduce, in recent decades the geography of migration has changed, and the geography of humanitarian problems recently associated with irregular migration (poverty, exploitation, segregation and abuse) is changing as well. many of the migrants or asylum-seekers caught between the economic demands of the smugglers and a permanent fear of being arrested and deported by the authorities, are impoverished and become “stranded”.

This is one of the main arguments against immigration in general. What happens to those other nations when the wealthy and able people leave? What happens when their family wealth is drained?

As for the costs, one piece of the puzzle is left out: what about those 1st world nations who are now forced to cope with large numbers of “refugees” or “irregular migrants” who have been smuggled in? The nations never invited them, and the people never gave any democratic mandate.

9. Final Thoughts On Report

Let’s start with the obvious question: for all the research that has been done, why doesn’t the UN do more to prevent illegal crossings? Instead, they do all they can to facilitate mass, illegal invasions and force host nations to cope.

Another thing to address: prosecuting or punishing smugglers is to be expected, but why should these migrants get a pass? If they are willingly participating, then they are accomplices. It is selfish to effectively reward such a system.

Why does the UN keep repeating the “refugee” lie, when its own research concludes that it is mainly economic migrants looking for better opportunity? The UN appears to be willingly complicit in this industry.

How would agreements like the UN Global Migration Compact impact this issue? Is the UN oblivious, or this a deliberate attempt to make human smuggling easier? Remember what is in it:

(Objective 4) Ensure migrants have identity papers
(Objective 5) Enhance pathways for migration
(Objective 11) Manage borders in “integrated” manner
(Objective 13) Detention only as a last resort
(Objective 15) Provide basic services for all migrants
(Objective 17) Educating media, censorship
(Objective 20) Make remittances easier/cheaper to send
(Objective 22) Forced to pay out pensions, social benefits

This UN treaty only makes it easier to smuggle people into countries like Canada. After all, if we are required to provide social benefits, can’t lock them up, and can’t even criticize it, then what will discourage it?

(1) https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf
(2) Smuggling_of_Migrants_A_Global_Review
(3) UN guide in circumventing the Canada/U.S. Safe 3rd Country Agreement
(4) https://www.unhcr.org/en-us/5952a3c54.pdf
(5) https://www.cbc.ca/radio/asithappens/as-it-happens-tuesday-edition-1.4884043/canada-has-a-legal-obligation-to-repatriate-citizens-who-left-to-fight-for-isis-says-un-rapporteur-1.4884562
(6) https://news.un.org/en/story/2018/11/1024882
(7) Full Text Of UN Global Migration Compact

TSCE #7(C): UN Blurs The Line Between Smuggling & “Irregular” Migrants

(UN Office on Drugs and Crime)

(There is a connection between smuggling and “irregular migration”)

The United Nations has done a surprising amount of research on people being smuggled illegally across international borders. But there seems to be little interest in curbing the problem.

1. UN Review On Smuggling Migrants

(Page 11)
1. Introduction
The purpose of this thematic review is to survey existing sources and research papers on smuggling of migrants and to provide a gap analysis of existing knowledge from a global perspective. Indeed, despite the fact that smuggling of migrants has attracted great media and political attention over the last two decades, there has not been any comprehensive analysis of the state of expert knowledge. Great confusion still prevails about what smuggling of migrants is within the global context of irregular migration.

To be honest, I wonder that myself. “Irregular migrants”, which are really illegal aliens, are being who have entered a country illegally, or who entered legally, but remained when their status changed. This could simply be trying to make a distinction where none exists.

Article 6 of the Smuggling of migrants Protocol, requires States to criminalize both smuggling of migrants and enabling a person to remain in a country illegally in order to obtain, directly or indirectly, a financial or other material benefit, as well as to establish as aggravating circumstances acts that endanger the lives or safety or entail inhuman or degrading treatment of migrants. By virtue of article 5, migrants are not liable to criminal prosecution for the fact of having been smuggled. It is therefore understood that the Protocol aims to target smugglers, not the people being smuggled

So, are we to give a pass to the people being smuggled and only focus on the smugglers? What happens if the people being smuggled are a willing part of it?

From a sociological perspective, smuggling of migrants may then include every act on a continuum between altruism and organized crime. Doomernik defines smuggling of migrants as “every act whereby an immigrant is assisted in crossing international borders whereby this crossing is not endorsed by the government of the receiving state, neither implicitly nor explicitly”.

(Page 12)
To the extent that the literature available allows a distinction to be made, the issues of irregular migration and trafficking in persons are deliberately not covered per se by this thematic review, despite the fact that these phenomena are closely connected with smuggling of migrants in practice.

They are not immigrants, but aliens.

Again, it seems to be searching for a difference where none exists. Illegal aliens (or “irregular migrants” in UN duck-speak) are people who enter other countries illegally. People who knowingly aid these illegal aliens are people smugglers. The UN engages in this mangling of the language in order to attempt to separate the two.

(Page 15)
2.1.1 Irregular migration
The relationship between irregular migration and smuggling of migrants has been discussed in the literature, with most authors acknowledging the crucial role of smuggling of migrants in facilitating irregular migration.

The legal definition of smuggling of migrants finds wide acceptance among the academic community, which usually refers to articles 3 and 6 of the Smuggling of migrants Protocol. Contrary to the concept of smuggling, the notion of irregular migration does not have a universally accepted definition; however, most academics and experts refer to the definition provided by IOM, which highlights that the most common forms of irregular migration are illegal entry, overstaying and unauthorized work.

In looking at the relationship between the two concepts, Friedrich Heckmann stresses that smuggling of migrants plays a crucial role in facilitating irregular migration, as smugglers may provide a wide range of services, from physical transportation and illegal crossing of a border to the procurement of false documents

Finally, we are getting some real honesty. Smuggling helps to facilitate so called “irregular migrants”, who are really illegal aliens. Smugglers transport these aliens, and often obtain false documents for them.

Why doesn’t irregular migration have a universally accepted definition? Is it done deliberately to obscure what is going on?

(Page 15)
2.1.2 Trafficking in persons
Smuggling of migrants must also be differentiated from the concept of trafficking in persons, defined under article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol) as: The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs

This is actually true. There is a difference between voluntarily arranging to come to another nation illegally, and being forced or coerced into doing so. This is a valid distinction.

(Page 18)
2.2 Conceptualization of smuggling of migrants
2.2.1 Smuggling as an illegal migration business
The conceptualization of smuggling as a migration business was formally developed by Salt and Stein in 1997, even if one may find reference to this theory in earlier literature. This new interpretation of the smuggling phenomenon had a great influence on academic circles, and the concept was then borrowed by many academics. In a critical analysis of this concept, Herman stresses that the focus of expert discussions then revolved around the notion of a migration industry and its professionalization, in which migrants are seen as “products” and “people who aid migrants are called ‘smugglers’, and are portrayed as illegal ‘entrepreneurs’

Salt and Stein suggested treating international migration as a global business that has both
legitimate and illegitimate sides
. The migration business is conceived as a system of institutionalized networks with complex profit and loss accounts, including a set of institutions, agents and individuals each of which stands to make a commercial gain.

The model conceives trafficking and smuggling as an intermediary part of the global migration business facilitating movement of people between origin and destination countries. The model is divided into three stages: the mobilization and recruitment of migrants; their movement en route; and their insertion and integration into labour markets and host societies in destination countries. Salt and Stein conclude their theory by citing the need to look at immigration controls in a new way, placing sharper focus on the institutions and vested interests involved rather than on the migrants themselves.

Aranowitz puts forward a similar view and claims that smuggling could not have grown to such proportions if it were not supported by powerful market forces. Furthermore, Aranowitz argues that smugglers exhibit entrepreneur-like behaviour and circumvent legal requirements through corruption, deceit and threats. They specialize either in smuggling or in trafficking services, and the profit generated varies accordingly.

This is surprisingly well written. Smuggling and trafficking are businesses, and the people are the commodity. That being said, if the people are consenting to being smuggled, they are accomplices and not victims.

(Page 21)
The network theory also departs from the migration business theory by looking at the migrant as an actor in the migration process and not merely as an object, as in the organized crime theory. Van liempt and Doomernik have questioned the assumption that smuggled migrants are recruited by criminals and have little to say within the migration process. In their view, the relationship between the smugglers and the smuggled is more complex.

Looking at migrants as actors in the migration process, de Haas also insists on the need to depart from prejudiced views against smuggled migrants. According to him, rather than a desperate response to destitution, migration is generally a conscious choice made by relatively well-off individuals to enhance their livelihoods. Detailed discussions of migrants’ profiles and relationships with their smugglers are in chapters 5 and 7.

2.3 Conclusions
Sources reviewed reveal a strong interest among the academic community in analysing the phenomenon of smuggling of migrants from a conceptual perspective. In particular, experts have debated the link between smuggling of migrants and other forms of transnational movement of persons—in particular irregular migration and trafficking in persons. Recent literature has also attempted to improve concrete understanding of smuggling of migrants through the conceptualization of the phenomenon as a migration business, a security threat or a family (network) business.

Some useful points:

Smuggling is not usually that of desperate people, but rather well-off individuals looking for a better life. The refugee system is being gamed.

Also, there is a clear link between these illegals (no they are not “irregular”) and the smuggling that facilitates this. To suggest otherwise is to blur reality.

The book is some 148 pages, and is far too long to go through in a single article, but do have a read.

2. UN Hypocrisy On People Smuggling

This cannot be overstated. It is extremely hypocritical for the UN to condemn human smuggling, while promoting and excusing so-called “irregular migration”. It is well known that many of these illegals come to the West by means of smuggling.

If smuggling itself is to be rejected by society as a whole, then why is it okay for the accomplices of these smugglers to reap the rewards that come from it?

The UN also insists that nations have an obligation to allow terrorists to return home. Needless to say this endangers the public greatly. You can’t simultaneously expect this, and for nations to have safe borders.

This same behaviour also happens on the U.S./Mexico border. In 2018, the UN facilitated large “caravans” of economic migrants with the intention of bringing them up through Central America and overwhelming the U.S. border. How does this respect national sovereignty in any way at all?

3. Organizing “Irregulars” is Smuggling

As much as the UN would like to blur the line, arranging for migrants to enter other nations without permission is smuggling.

The UN insists that all migrants (even if in these countries illegally) are entitled to basic services. As such, the UN advocates for smuggling. The only reasonable conclusion is that having all these amenities will lead to more people trying to enter illegally.

As much as they try to engage in mental gymnastics, the UN is directly involved in people smuggling. They promote policies that only ensure the smuggling (and trafficking) will continue indefinitely.

The UN document claimed that migration is a huge industry. They were absolutely right about that.

(1) https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf
(2) UN Guide Circumventing the Canada/U.S. Safe 3rd Country Agreement.
(3) ttps://www.unhcr.org/en-us/5952a3c54.pdf
(4) https://www.cbc.ca/radio/asithappens/as-it-happens-tuesday-edition-1.4884043/canada-has-a-legal-obligation-to-repatriate-citizens-who-left-to-fight-for-isis-says-un-rapporteur-1.4884562
(5) https://news.un.org/en/story/2018/11/1024882

TSCE #7(B): UNHCR Is Party To Canada/U.S. S3CA. Consultations Mandatory

(UNHCR: United Nations High Commission on Refugees, has released another guide in how to circumvent the Canada/U.S. border)

It’s rather difficult to have any real sense of a border between Canada and the U.S. when neither country has full control over their affairs. An obvious example is the Safe Third Country Agreement.

1. The Loopholes Written Into S3CA

EMPHASIZING that the United States and Canada offer generous systems of refugee protection, recalling both countries’ traditions of assistance to refugees and displaced persons abroad, consistent with the principles of international solidarity that underpin the international refugee protection system, and committed to the notion that cooperation and burden-sharing with respect to refugee status claimants can be enhanced;

ARTICLE 1
In this Agreement,
“Country of Last Presence” means that country, being either Canada or the United States, in which the refugee claimant was physically present immediately prior to making a refugee status claim at a land border port of entry.

ARTICLE 4
Subject to paragraphs 2 and 3, the Party of the country of last presence shall examine, in accordance with its refugee status determination system, the refugee status claim of any person who arrives at a land border port of entry on or after the effective date of this Agreement and makes a refugee status claim.

The “land border port of entry” is clear. However, in practice it is becoming such that if you simply bypass the official border ports, you can actually take advantage of it. Poor wording, but it has become a real headache.

From the Government of Canada website, we find the following.

Where the Agreement is in effect
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
-at Canada-U.S. land border crossings
-by train or
-at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

This clearly was not meant to reward people for illegally crossing the border, provided they do so anywhere other than a port of entry. If this really was just poor drafting, then it would be really easy to fix. The fact that there’s no effort to is very revealing.

2. More Loopholes In S3CA

Refugee claimants may qualify under this category of exceptions if they have a family member who:
-is a Canadian citizen
-is a permanent resident of Canada
-is a protected person under Canadian immigration legislation
-has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
-has had his or her removal order stayed on humanitarian and compassionate grounds
-holds a valid Canadian work permit
-holds a valid Canadian study permit, or
-is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.) citizens, permanent residents, or various other statuses, you qualify for an exception to the rule. The “family members” list include: the spouse, sons, daughters, parents, legal guardians, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews.

Unaccompanied minors exception
Refugee claimants may qualify under this category of exceptions if they are minors (under the age of 18) who:
-are not accompanied by their mother, father or legal guardian
-have neither a spouse nor a common-law partner, and
-do not have a mother, a father or a legal guardian in Canada or the United States.

Document holder exceptions
Refugee claimants may qualify under this category of exceptions if they:
-hold a valid Canadian visa (other than a transit visa)
-hold a valid work permit
-hold a valid study permit
-hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
-are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.

Public interest exceptions
Refugee claimants may qualify under this category of exceptions if:
they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. or in a third country. However, a refugee claimant is ineligible if he or she has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public.

Source is here. Okay. Are there is any cases that DON’T meet any of these exceptions?

3. UNHCR Is A Party To S3CA

CONVINCED, in keeping with advice from the United Nations High Commissioner for Refugees (UNHCR) and its Executive Committee, that agreements among states may enhance the international protection of refugees by promoting the orderly handling of asylum applications by the responsible party and the principle of burden-sharing;

ARTICLE 8
(1) The Parties shall develop standard operating procedures to assist with the implementation of this Agreement. These procedures shall include provisions for notification, to the country of last presence, in advance of the return of any refugee status claimant pursuant to this Agreement.
(2) These procedures shall include mechanisms for resolving differences respecting the interpretation and implementation of the terms of this Agreement. Issues which cannot be resolved through these mechanisms shall be settled through diplomatic channels.
(3) The Parties agree to review this Agreement and its implementation. The first review shall take place not later than 12 months from the date of entry into force and shall be jointly conducted by representatives of each Party. The Parties shall invite the UNHCR to participate in this review. The Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations.

Source is here. Serious question: why have Canada and the United States signed an agreement that quite clearly gives the UN a seat at the table?

There has never been a full and proper debate on this Treaty either in the U.S., or in Canada. While the document sounds great, it has so many loopholes that it’s close to worthless.

(1) From The UN High Commission On Refugees
(2) https://www.unhcr.org/en-us/5952a3c54.pdf
(3) https://news.un.org/en/story/2018/11/1024882
(4) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(5) https://canucklaw.ca/abuse-of-s3ca-coming-to-canada-under-false-pretenses/
(6) https://canucklaw.ca/world-border-congress-meets-in-morrocco-march-19-21/
(7) https://canucklaw.ca/migrant-caravan-lawyers-sue-for-right-to-legally-invade-u-s/
(8) https://canucklaw.ca/sanctuary-cities-an-end-run-around-having-borders/
(9) https://canucklaw.ca/true-scale-of-illegals-in-us-22-million-more-amnesty-coming/
(10) https://canucklaw.ca/canada-pathway-to-permanent-residence-for-illegals-their-families/

The Frankfurt School: What’s Behind Cultural Marxism, Feminism

1. Important Links

(1) https://www.thoughtco.com/frankfurt-school-3026079
(2) https://wgsi.utoronto.ca/graduate/ma-program/courses
(3) http://sociology.utoronto.ca/wp-content/uploads/2019/08/SOC6119-Syllabus_Feminist-Theory-and-Practice-Fall2019.pdf
(4) https://canucklaw.ca/cbc-propaganda-4-more-on-the-wage-gap/
(5) https://canucklaw.ca/lawsuit-against-harvard-for-racial-quotas-continues/
(6) https://canucklaw.ca/bc-supreme-court-rules-parents-cant-stop-kids-from-getting-sex-changes/
(7) https://www.thepostmillennial.com/trans-activists-and-progressive-politicians-shut-down-vancouver-rape-shelter/
(8) https://canucklaw.ca/canadian-govt-purges-sunni-shia-from-2019-terrorism-report-bill-c-59/
(9) https://canucklaw.ca/international-smuggling-and-child-exploitation-part-iii-islam/

2. Context For The Article

Cultural Marxism, and ideologies such as feminism are often criticized as complete nonsense. It’s pointed out that they use garbage arguments, half truths to justify themselves, and end up fragmenting society.

While this is all true, an interesting piece of the puzzle is left out: what are the origins of these beliefs? Did they grow organically, or was there something more organized helping it along? Also, were these good intentions gone awry, or is there malevolent intent behind these theories?

3. Articles On The Subject

  • Aesthetic Theory, (Theodor W. Adorno)
  • Culture Industry Reconsidered, (Theodor W. Adorno)
  • Critical and Traditional Theory (Horkheimer)
  • Critique of Instrumental Reason, (Max Horkheimer)
  • Dialectic of the Enlightenment (Adorno and Horkheimer)
  • Knowledge and Human Interests (Habermas)
  • One-Dimensional Man (Marcuse)
  • Structural Transformation and the Public Sphere, (Jürgen Habermas)
  • The Aesthetic Dimension: Toward a Critique of Marxist Aesthetics, (Herbert Marcuse)
  • The Authoritarian Personality, (Theodor W. Adorno)
  • The Structural Transformation of the Public Sphere (Habermas)
  • The Work of Art in the Age of Mechanical Reproduction (Benjamin)
  • Towards a Rational Society, (Jürgen Habermas)
  • Traditional and Critical Theory, (Max Horkheimer)
  • The Work of Art in the Age of Mechanical Reproduction, (Walter Benjamin)

4. From ThoughtCo Site

The Frankfurt School was a group of scholars known for developing critical theory and popularizing the dialectical method of learning by interrogating society’s contradictions. It is most closely associated with the work of Max Horkheimer, Theodor W. Adorno, Erich Fromm, and Herbert Marcuse. It was not a school, in the physical sense, but rather a school of thought associated with scholars at the Institute for Social Research at the University of Frankfurt in Germany.

In 1923, Marxist scholar Carl Grünberg founded the Institute, initially financed by another such scholar, Felix Weil. The Frankfurt School scholars are known for their brand of culturally focused neo-Marxist theory—a rethinking of classical Marxism updated to their socio-historical period. This proved seminal for the fields of sociology, cultural studies, and media studies.

In 1930 Max Horkheimer became the director of the Institute and recruited many of the scholars who came to be known collectively as the Frankfurt School. In the aftermath of Marx’s failed prediction of revolution, these individuals were dismayed by the rise of Orthodox Party Marxism and a dictatorial form of communism. They turned their attention to the problem of rule through ideology, or rule carried out in the realm of culture. They believed that technological advancements in communications and the reproduction of ideas enabled this form of rule.

Their ideas overlapped with Italian scholar Antonio Gramsci’s theory of cultural hegemony. Other early members of the Frankfurt School included Friedrich Pollock, Otto Kirchheimer, Leo Löwenthal, and Franz Leopold Neumann. Walter Benjamin was also associated with it during its peak in the mid-20th century.

One of the core concerns of the scholars of the Frankfurt School, especially Horkheimer, Adorno, Benjamin, and Marcuse, was the rise of “mass culture.” This phrase refers to the technological developments that allowed for the distribution of cultural products—music, film, and art—on a mass scale. (Consider that when these scholars began crafting their critiques, radio and cinema were still new phenomena, and television didn’t exist.) They objected to how technology led to a sameness in production and cultural experience. Technology allowed the public to sit passively before cultural content rather than actively engage with one another for entertainment, as they had in the past. The scholars theorized that this experience made people intellectually inactive and politically passive, as they allowed mass-produced ideologies and values to wash over them and infiltrate their consciousness.

Marxism (as prescribed by Karl Marx), was a way of “making” everyone equal via Communism. The Government would control the means of production and in effect, run all industries. Everyone who make the same amount of money, regardless of profession or work ethic. Everyone would have access to the same level of Government run social services.

In theory, this sounded great, as everyone would get their basic needs met. In practice, however, the only way to run such a system is by force, and to take away free will. Few people are willing to work hard when there are no rewards for doing do, hence the system falls apart. True, everyone will have access to the same services, but to the same “poor” services.

Cultural Marxism takes those same principles and applies them on a cultural level, despite having extremely harmful effects. This is because “oppression” is often viewed as the root cause of a difference, not simply difference in groups.

How does this destructive ideology manifest itself? Let’s take a look at a few examples of claiming “injustice” where no such thing exists.

5. Long Debunked “Gender Pay Gap”

This was addressed in a previous article. Feminists (a sub-group of cultural Marxists), have long claimed that women are on average are paid less. As proof, they often point to government statistics that show that on average, the hourly wage is more for a man than for a women.

However, feminists don’t want to ask WHY women are, on average, paid less than men. Such an omission completely derails their arguments. Men on average, work in more physical, dangerous, and skilled positions. They work full time more often than women do, and on average, are employed for longer periods of time. Also, there are more likely to take fields in college or university (like STEM or business), while arts and humanities are dominated by women. These differences go a long way towards explaining differences in pay.

Despite these obvious answers being easily available, the “gender-pay-gap” is still widely trumpeted in academia and feminist circles. It’s as if the people behind these theories, the Cultural Marxists, don’t want to see it properly addressed.

One such example is here, of a brainwashed feminist. She knows men are not women, but assumes that women earning less is patriarchy. Great use of her BA/MA in gender studies.

Of course, cultural Marxism also pushes the idea that women have to have careers in order to be happy with their lives, and that motherhood is a form of submission into traditional gender roles. Fact is, we need women to be mothers in order to keep the next generation of society going. Population replacement via mass migration is not really a good idea.

6. Abortion Agenda

This area has been brought up repeatedly on the site. To boil it down, cultural Marxists have been pushing the idea that abortion (or killing your unborn children) is actually a form of empowerment to be embraced by women as a whole. This is morbid, as it completely devalues human life.

See here, see here, see here, and see Trudeau, for some examples of accepting viewpoint diversity.

Also worth noting is that the organ trafficking industry — or baby chop shop — is an extremely lucrative market. So there is definitely a financial incentive as well for pushing infanticide.

7. Affirmative Action, Racial Differences

The topic of affirmative action was covered, in this article on Harvard University being sued for having racial quotas. Harvard, like many schools, engages in affirmative action, or have “quotas” for how many people in certain groups get in. The rationale is that “oppression and inequality” get factored into these decisions. But isn’t that inherently unfair to other groups of people?

2 other possibilities could explain the disparity in admissions.

(a) Differences in culture: if a particular group has such a culture that on average does not value education, it seems likely that far fewer people from that culture will successfully pursue academia. It is not discrimination, but the result of personal choices.

(b) Biological differences in racial/ethnic groups: as unpopular as it is to say, there are biological differences between groups, and it includes differences in IQ. This has been researched ad nauseum, but the findings are immediately condemned by many as being racist. Average IQ of whites is around 100, while Jewish and Asians are even higher. IQ in Central and South America is often in the 80s, while in Sub-Saharan Africa, it is in the 70s. Certainly, no one has control over how they were born, but these differences do exist.

Despite IQ and work ethic differences across various groups, cultural Marxists keep insisting that differences in academic entry, graduation, and accomplishment is due to systemic racism and discrimination. It’s as if they don’t want the truth to be told.

8. Promoting Gay/Trans Agenda

Not only are segments of society actively promoting the idea that people should become the opposite sex if they feel uncomfortable, they push it in children as well. This comes despite the enormous health risks, the suicide rates, and the inability to have children in later stages of life.

One recent trend is the push for allowing biological men to compete in women’s sports, despite the remaining physical advantages. This will undoubtedly help to ruin women’s sports along the way.

Another development was to block funding, for a rape relief shelter in Vancouver, as it wasn’t interested in letting trans-women in. This is nonsense. Rather than being available to help the vast majority of victims, it will now be available to help no one. Good job.

There is the idea of people living their lives as they are, (controversy notwithstanding). Then there is throwing your weight around and demanding society accommodate you.

9. Increasing Islamization

Islam has such strong influence in Canada today that our government pussyfoots around calling Islamic terrorism for what it is. Our leaders crow about diversity being a great thing, but never get into the sexual violence and exploitation that is so rampant in Islam.

This is on top of Bill C-75, which waters down penalties in Canada for terrorism. This is on top of Bill C-6, which revoked a previous law to deport “Canadians” who were dual citizens, but convicted for terrorism or treason.

Also, please note the incessant demands by Muslims to accommodate their way of life, their religion, and their culture. Note, this accommodation will never be reciprocated.

Islam is completely incompatible with the West, and with every other culture in general. However, cultural Marxists just keep telling us not to be bigots and embrace diversity. Feminists as well, openly embrace Islam, despite is going against everything they claim to believe in. LGBTQ groups support Islam too, despite the fact that Islam openly calls for gays to be killed?

Why is this nonsense embraced, when it is so contrary to Western ideals? What is behind it? Who is behind it?

10. Cultural Marxism A Weapon Against Us?

Consider the long term implications of cultural Marxism. Yes, there is some stereotyping, but largely this is true. Consider the points raised in #5 to #9

(A) Women who become feminists are very likely to reject Western society as a whole. They will hate themselves, and men in general. Rather than having children and perpetuating the species, many will remain childless. Instead, they will believe the lie that career is the key to every woman’s happiness.

(B) Rather than embracing children, killing their unborn children is now seen as totally acceptable. It is framed as “reproductive care” and of “my body, my choice”. The obvious result from this is a much lower birth rate, and population decline.

(C) Instead of promoting a meritocracy, we water down any and all standards in the name of being inclusive and tolerant. Actual skill, experience, and competence take a backseat to being diverse.

(D) Push the gay and trans agenda, especially in children. Forget the emotional and psychological harm that comes of it. Remember as well: gay couples cannot have children, and people who have transitioned fully cannot have children with anyone anymore.

(E) Embracing and making excuses for Islam projects the false image that it is compatible with Western society. Never mind the huge cultural clashes that do go on. And never mind that Muslims have a birthrate that far exceeds Western couples. An attempt to out-breed us?

Is there a pattern here? Although cultural Marxism encompasses other ideas, there is a trend here. These initiatives involve Western, European people having less children — or none at all. The solution of course, will be to import a “replacement population”, who will outbreed and eventually replace Europeans.

The founders of cultural Marxism, why do they do this? Are they of a certain group that has a very strong in-group preference? Is the goal of cultural Marxism to inflict great damage across the West? Is it designed to completely destroy the West?