12 Abr Safe Third Country Agreement Definition
The safe third country initiative with Mexico and Guatemala is part of the U.S. non-public policy of limiting access to protection in the United States for adults and children fleeing Central America. For Mexico, the clock is ticking after Mexico agreed to sign a «Safe Third Country» agreement if they could not significantly reduce the number of Central Americans arriving at the U.S. border, with assessments at two 45-day intervals, the first deadline on July 25, 2019. A safe third country is a country in which a person crossing that country could have applied for refugee protection. In Canada, section 102, paragraph 2 of the Immigration and Refugee Protection Act sets out the criteria for designating a country as a safe third country. Concerns have been raised about the lack of security legislation for refugee protection in the United States. This security problem and argument give refugees legitimate reasons to turn around in Canada to lead a better life. On December 29, 2005, a group of refugee and human rights organizations (in Canada and the United States) launched legal action against the U.S.
claim as a safe third country for asylum seekers. This action was supported by prominent figures such as Justice Michael Phelan of the Federal Court of Canada on November 29, 2007 and many others. Under the agreement, refugee claimants must apply for refugee protection in the first safe country they arrive in, unless they are entitled to a waiver from the agreement. The agreement does not apply to U.S. citizens or ordinary U.S. residents who are not nationals of a country («stateless»). Under the agreement, refugee claimants must apply in the first country they arrive between the United States or Canada, unless they are entitled to a waiver. For example, asylum seekers who are citizens of a country other than the United States and who arrive from the United States at the land border between Canada and the United States can only assert their rights to refugees in Canada if they fulfill an exception under the Safe Third Country Agreement.
This initiative is part of a long-term limitation on countries` obligations to protect refugees, which are putting pressure on neighbouring countries to become «buffer zones» against unwanted refugee flows. The international refugee protection regime began in earnest after the Second World War with the 1951 Convention on the Treatment of Refugees. At that time, States Parties were embarrassed for not helping those fleeing the Holocaust and motivated by a Cold War impulse to protect those fleeing the new communist governments in Eastern Europe. Despite their mixed motivations, when States Parties discussed international cooperation, they felt they were cooperating to help refugees achieve security. Contemporary initiatives by the United States, Australia and European governments are working to co-operate to block the flow of asylum seekers, rather than helping them defend their rights. The Trump administration`s desire to secure agreements on safe third-country nationals with Mexico and Guatemala is contrary to U.S. and international law to protect asylum seekers. Members of Congress, associations in Mexico, Guatemala and the United States – as well as asylum seekers themselves – know that neither country can offer migrants protection or legal procedure. Whether the rule of law or cruel disregard for human life predominates in this situation is still uncertain. The agreement was signed on December 5, 2002 in Washington, D.C.