Immigration Operational Bulletin 667 – Clarification concerning the period of designation for Rwanda for the purpose of paragraph 35(1)(b) of the Immigration and Refugee Protection Act (IRPA) - December 23, 2019

Summary

This operational bulletin (OB) notifies officers of a clarification regarding one of the existing designated regimes pursuant to paragraph 35(1)(b) of the Immigration and Refugee Protection Act (IRPA). The Minister of Public Safety has set July 18, 1994 as the precise end date of the interim government in power in Rwanda between April 1994 and July 1994.

Background

A person cannot be described in paragraph A35(1)(b) unless the government concerned has been designated by the Minister of Public Safety as a regime that has been involved in terrorism, systematic or gross human rights violations, a war crime, a crime against humanity or genocide within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act. The list of designated regimes is contained in section 9.2 of ENF 18 – War crimes and crimes against humanity (PDF, 473 KB).

On April 27, 1998, the Minister designated the Government of Rwanda under President Habyarimana between October 1990 and April 1994, as well as the interim government in power between April 1994 and July 1994.

The Minister has now provided a precise end date for the interim government in Rwanda of July 18, 1994 in order to reflect the change in regime that took place on July 19, 1994, as the designation is only intended to apply to the regime that committed the genocide.

Actions required by officers administering and enforcing the IRPA

Effective immediately, all officers are to apply the end date of July 18, 1994 when assessing inadmissibility under paragraph A35(1)(b) in relation to membership in the designated regime of the Rwandan interim government.