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Dear Mr Brown,I have been hearing about how black people have been discriminated against with everyone fleeing the war against Ukraine by Russia. I know that Canada would want to assist the Ukrainians but wouldn't Canada be contributing to the racism if they took in refugees?-PDDear PD:It has been reported that more than 500,000 Ukrainians have arrived in neighbouring countries (such as Poland, Hungary, Moldova, and Romania) by car, train, or on foot, since Russian forces invaded. The United Nations has warned that up to five million Ukrainians could seek refuge abroad out of a population of approximately 44 million.It is mostly women and children who are feeling Ukraine, with men aged 18 to 60 summoned by Ukraine to fight. However, as you are alluding to, there are many images of Africans in Ukraine being blocked from trains by Ukrainian police attempting to escape the war. The differential treatment of white, middle-class Ukrainian refugees compared to those escaping from war-torn countries in Africa and the Middle East are quite apparent. For example, Africans fleeing the conflict say they have faced discrimination and racism at the Polish border as well, being forced to wait for days behind Ukrainian citizens.What makes the matter worse is that some politicians and pundits have distinguished between European refugees and those from Africa and the Middle East in a manner that critics say is racist and suggests the latter are less deserving of compassion. For example, there has been talk of Ukrainians being prosperous, civilised, educated and intelligent Europeans, whose identities are known, that is, the current wave of refugees should not be feared and deserve protection.Nigeria's President Muhammadu Buhari estimated that there were about 4,000 Nigerians in Ukraine, who are mostly students. It was reported that Nigerians trying to get into Poland were told by border staff they were not tending to Africans, while others were actually hit with sticks by armed police officers. Refugee ConventionThe United Nations has called on governments to allow access and safety for all those who are fleeing conflict and persecution, regardless of legal status or nationality.The 1951 Refugee Convention and its 1967 Protocol are key legal documents regarding the international treatment of refugees. With 149 State parties to either or both, they define the term refugee and outline the rights of refugees, as well as the legal obligations of states to protect them.The core principle is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. This is a rule of customary international law.States are expected to cooperate with us in ensuring that the rights of refugees are respected and protected.According to the convention, a refugee is someone who is unable or unwilling to return to their country of origin, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The convention is both a status and rights-based instrument, which is also underpinned by a number of fundamental principles, most notably non-discrimination, non-penalisation and non-refoulement.Furthermore, convention provisions are to be applied without discrimination as to race, religion, or country of origin. International human rights law also reinforces the principle that the convention should be applied without discrimination as to sex, age, disability, sexuality, or other prohibited grounds of discrimination. It provides that no one shall expel or return a refugee against his or her will, in any manner whatsoever, to a territory where he or she fears threats to life or freedom.The convention lays down basic minimum standards for the treatment of refugees, without prejudice to States granting more favourable treatment. Such rights include access to the courts, primary education and work; and the provision for documentation including a refugee travel document in passport form.As such, the practice of discrimination based on race is repugnant, as well as contrary to the convention and international human rights law by State actors. However, Canada assisting refugees should not be thought of as the country being party to the racism that has been observed. The Ukrainian people, as well as people from other countries fleeing Ukraine, deserve equal protection.Please visit JAMAICA2CANADA.COM for additional information on Canadian permanent residence programmes, including Express Entry, the Study & Work programme, visas or appeals, etc.Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM-a Canadian immigration & education firm in Kingston. Send questions/comments to documents.jamaica2canada@gmail.com