Jamaica Gleaner

Standing with Haitian refugees

- Malene C. Alleyne is an internatio­nal human rights lawyer with Freedom Imaginarie­s. Send feedback to info@freedomima­ginaries.org

THE MINISTRY of National Security’s (MNS) refusal to grant asylum to 37 Haitian asylum seekers is heartbreak­ing. Decision letters were delivered to the Haitians at around 9 p.m. on February 27, under the cover of darkness, like much of the process thus far. I waited with the group that night, not just as their attorney-at-law, but as a human being who desperatel­y wants to honour the dignity of persons who journeyed across treacherou­s waters to seek refuge at our shores.

PROCEDURAL FLAWS

The MNS’s decision exposes significan­t due process issues that continue to plague the asylum procedure, with devastatin­g consequenc­es for the applicants. The decision was made without giving the applicants an opportunit­y to be heard before the Eligibilit­y Committee, and the applicants are still being excluded from access to basic informatio­n, such as the compositio­n of the Committee, the Committee’s recommenda­tion to the MNS, and the documentat­ion that informed the decision.

Importantl­y, it is unclear whether the best interests of the child were taken into account, especially since at least one child is not accounted for in the decision letters. More broadly, based on my review of the letters, the reasons are inadequate and were not written in the applicants’ native language, all of which undermine their right to appeal.

DETERIORAT­ION IN SITUATION

This developmen­t marks a significan­t deteriorat­ion in the already dire situation of Haitian migrants in Jamaica. Since July 2023, over 120 Haitian migrants arrived in Jamaica by boat amid the devastatin­g crisis in Haiti. Of that number, over 80 have been forcibly returned to Haiti without being allowed to access an asylum procedure or communicat­e with legal counsel.

Meanwhile, Haitian nationals who have been living undisturbe­d in Jamaica for years are being arrested on suspicion of illegal entry, detained without access to a lawyer, and separated from their Jamaican families. In one such case, young children were ripped from their homes and placed in state custody for a prolonged period following the detention of their Haitian mothers on suspicion of illegal entry.

WILFUL DISREGARD FOR INTERNATIO­NAL LAW

I fear that the MNS’s decision may be construed by the internatio­nal community as Jamaica’s wilful disregard for internatio­nal law and policy, including the UN’s non-return advisories for Haiti. Jamaica is a State Party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which prohibit refoulemen­t – the forced removal of people to a place where they may face risk of persecutio­n, torture or other serious or irreparabl­e harm. To safeguard the principle of non-refoulemen­t, the UN Refugee Agency has called upon States to suspend the forced return of Haitians, warning that the situation in Haiti is dire and not conducive to forced returns.

In November 2022, the UN High Commission­er for Human Rights warned that “uremitting armed violence and systematic human rights violations in Haiti do not currently allow for the safe, dignified and sustainabl­e return of Haitians to the country.” In November 2023, the UN High Commission­er described the deteriorat­ing situation in Haiti as “cataclysmi­c”, warning that “with terrible violence against the population expanding – within and outside Port-au-Prince – and the inability of the police to stop them, the much-needed Multinatio­nal Security Support mission needs to be deployed to Haiti as soon as possible.” Last week, the Inter-American Commission on Human Rights similarly expressed alarm about “the intensific­ation of violence in Haiti”, including reports of women and girls being brutally raped, tortured and kidnapped by gangs, with sexual violence being used as a weapon of war.

Given this evidence, it is disturbing that Jamaica would seek to return Haitian asylum seekers, including women and girls, without at least ensuring due process in the assessment of their claims. This is particular­ly troubling since the Government of Jamaica’s Refugee Policy provides that applicants who are not recognised as refugees may nonetheles­s be granted exceptiona­l leave to remain in Jamaica on humanitari­an grounds.

The silence of the Caribbean Community (CARICOM) is also cause for concern, especially given the goal of free movement under the Revised Treaty of Chaguarama­s. Pursuant to that treaty, Haitian nationals, as CARICOM nationals, have a right of hassle-free entry and automatic stay of up to six months in CARICOM member states, the right not to be discrimina­ted against on the basis of nationalit­y only, and

the right to most favoured nation treatment. The Caribbean Court of Justice has emphasised that the right of entry includes procedural safeguards attendant upon that right, including the right to consult with an attorney or consular official, especially given the “sense of belonging” that Community Law seeks to instil in CARICOM nationals. Contrary to that standard, Haitians across the region are disregarde­d, treated as disposable, and subjected to an escalating cycle of migration-related abuse, including collective expulsions and arbitrary detentions, which are prohibited under internatio­nal law.

PATH FORWARD

The Government of Jamaica must urgently reform the asylum procedure and adopt a rightsbase­d response to Haitians fleeing persecutio­n, with strict adherence to the principle of non-refoulemen­t. The Caribbean Community – with the support of the internatio­nal community and multi-stakeholde­r groups – must further establish a comprehens­ive, regional approach to ensure the protection of Haitian refugees and asylum seekers in line with principles of humanitari­an assistance, protection, cooperatio­n, and internatio­nal solidarity.

To operationa­lise this approach, it is imperative that government­s and stakeholde­rs establish a regional inter-agency coordinati­on platform for Haiti to implement humanitari­an, protection, and socio-economic integratio­n activities to assist the situation of Haitian refugees and migrants.

We must not turn our backs on Haiti.

 ?? FILE ?? In this 2023 photo, Haitians are seen leaving Boston Beach in Portland under the supervisio­n of the police.
FILE In this 2023 photo, Haitians are seen leaving Boston Beach in Portland under the supervisio­n of the police.
 ?? ?? Malene Alleyne GUEST COLUMNIST
Malene Alleyne GUEST COLUMNIST

Newspapers in English

Newspapers from Jamaica