They are “Jah people”: Jamaica must end arbitrary detentions and forced returns of Haitian asylum seekers

“Exodus! Movement of Jah people!”

I often find when I am considering a “big issue” a Bob Marley song comes to mind. Now, this big issue is migration. Jah People have always been on the move – it’s nothing new. These days, however, some are legal people, and they are good. Others are illegal, and anything can (and does) happen to them.

One brave and determined Jamaican woman, human rights lawyer Malene Alleyne of Freedom Imaginaries is working pro bono on behalf of Haitian asylum seekers, who are in arbitrary detention in deplorable conditions in Jamaica. Does our Government have any justification for this harsh treatment of our close Caribbean neighbours; Haiti is a fellow member of CARICOM (our “Haitian brothers and sisters”)?

Although some may call it a false equivalency, I am reminded of the over 200 Indians on a mysterious charter flight from Dubai, accompanied by an Uzbek and a Russian, who were denied landing but ended up at a four star hotel, wandering around downtown Kingston, shopping and sightseeing, before being finally sent back where they came from. Was the purpose of their visit really a few days’ vacation in Kingston, after a 14-hour flight? This must surely have been human smuggling – another very sad story in itself.

But that is a different story, with different dynamics – still about the movement of God’s children, though. This story is about the small, broken boats that occasionally land on our beaches, one bedraggled sail flapping. They carry groups of hungry, thirsty, exhausted Haitian men, women and children. Local police check them off; local residents help them with food and water; and later they are shipped off back to the horrific situations that they are trying to escape from – sometimes overnight, on a coast guard ship. Sometimes I think our actions are hardly better than the far-right British Government’s efforts to “stop the boats.”

According to a New York Times article today, 360,000 Haitians fleeing their homes because of the violence are now living in sub-human conditions in parks, school buildings and empty lots. One local official in Les Cayes (where thousands have arrived fleeing the capital) observed: “In one month it will be hurricane season, and we are not ready…In the event of a catastrophe, we are at zero. We have nothing, and we will really be in deep trouble.” This is the situation they are being shipped back to.

A woman carrying a sack with her family’s belongings and leading two children. They were among many residents who fled homes in the Lower Delmas section of Port-au-Prince because of violence. Credit…Ralph Tedy Erol/Reuters

Political efforts to solve the “Haiti crisis” (which our Government claims it has been instrumental in seeking to resolve) struggle on. Meanwhile, what of the human crisis? Have we no compassion? And by the way, didn’t Jamaica sign certain international agreements, which it is now apparently in breach of? Meanwhile, asylum seekers in custody since last July remain in limbo…awaiting their fate.

Ms Alleyne notes:

In late April, I found two Haitian asylum seekers languishing in detention despite having paid their fines for illegal entry. They were brutally beaten by fellow inmates when they were in jail and were later transferred to a facility that houses remandees and persons convicted under sentence – in other words, conditions that are inappropriate for persons who have already completed their sentence. When I met with them, I could see visible signs of abuse, including burn marks on their skin. I applied for a writ of habeas corpus and they have been released.

This marks yet another serious deterioration in the situation of Haitian asylum seekers in Jamaica. I think we have an obligation to speak out against situations that betray the Constitutional principles that reflect our shared commitment to human rights and the rule of law.

Here is Freedom Imaginaries’ May 5 statement on the issue. I highlighted some sections in bold/italic.

Jamaica Must End Arbitrary Detentions and Forced Returns of Haitian Asylum Seekers

KINGSTON- Two Haitian asylum seekers were recently detained for about one month in deplorable conditions despite having paid their fines for illegal entry. They were first held in a jail where they slept on the floor and were brutally beaten by fellow inmates. They were subsequently transferred to a prison that houses remandees and convicted persons under sentence. They still bear the scars of abuse, including burn marks on their skin.

Their story exposes the severe risks of Jamaica’s system of immigration detention. Since December 2023, we have documented nine cases of Haitian asylum seekers languishing in deplorable prison conditions without a clear legal basis for their detention. In some cases, they are held in small jail cells for weeks without charge on suspicion of illegal entry. In other cases, they are subject to indefinite detention in prison despite completing their sentence, which is usually the payment of a fine. They are presumably being held for the purpose of deportation, but there are no deportation orders in place and no prospect of removal within a reasonable time given the devastating crisis in Haiti.

In all cases, they are detained without procedural safeguards, such as time limits for detention, periodic reviews, access to lawyers, or access to the courts. The situation is exacerbated by the language barrier, which further impedes access to justice.

Women and children are particularly vulnerable. Six of the nine cases involved Haitian women, including pregnant women and mothers. In one such case, a pregnant mother was arrested following a police raid at her house and detained in a small jail cell for about two weeks without charge on suspicion of illegal entry. She was denied access to her lawyer and medical treatment and separated from her young children, who were placed in state custody. She spent over one month in detention before being released on bail. In another case, two Haitian women were detained in deplorable conditions at a condemned police lock-up despite having paid their fines for illegal entry.

Some of these women have been living in Jamaica for years with their Jamaican families. These Jamaican-Haitian families are now being torn apart by unnecessarily harsh immigration detention policies.

Even outside of prison conditions, the situation remains dire. In the case of the 37 Haitian asylum seekers who have been in custody at a campsite in St. Mary since July 2023, they are languishing in limbo with no end in sight. They have difficulties accessing basic necessities such as water and pampers [diapers] for their babies. Disturbingly, after almost 10 months of being deprived of liberty, the children still do not have access to Jamaica’s education system, which means they are being left behind at a crucial point in their development.

This signals yet another deterioration in an already bad situation. Last year, we expressed concern about the government’s policy of rapid forced returns and collective expulsions. We reported that over 90 Haitians had been forcibly returned to Haiti between September and December 2023 alone, despite UN non-return advisories. We are now witnessing a pattern of immigration raids, family separations, and arbitrary detentions of Haitian asylum seekers with no regard for constitutional rights.

This escalating cycle of migration-related abuse targeting Haitian asylum seekers must end. We remind the Jamaican government that the Charter of Fundamental Rights and Freedoms guarantees certain fundamental rights to all persons in Jamaica, including the right to due process, the right not to be arbitrarily detained, the right to equitable and humane treatment by any public authority, the right not to be subjected to torture or inhuman and degrading treatment, the right of children to special measures of protection, and the right to protection of family life. Moreover, the Convention relating to the Status of Refugees and its 1967 Protocol, both ratified by Jamaica, prohibit refoulement and the penalisation of refugees and asylum seekers for irregular entry and stay.

We understand the complexities of receiving large flows of asylum seekers, especially in a small island like Jamaica. However, in this moment of challenge, Jamaica must hold fast to the Constitution and work in solidarity with CARICOM and the international community to find a solution that honours the dignity of Haitian refugees and asylum seekers who seek refuge at our shores.

In this spirit of solidarity, we urge Jamaica to:

Put an end to the systematic use of arbitrary detentions and forced returns of Haitian asylum seekers;

Reform asylum procedures to ensure strict compliance with the Refugee Convention. In particular, establish appropriate facilities for the reception of asylum seekers and ensure access to an effective asylum procedure that guarantees the principle of non-refoulement;

Conduct a full and thorough investigation into the conditions of detention of Haitian migrants and asylum seekers in Jamaica, including specific reports of abuse;

Grant asylum to the 37 Haitian asylum seekers in St. Mary. If the government refuses to honour their claims, grant them leave to stay on humanitarian grounds so that they can access basic rights. As a matter of urgency, ensure that the children have access to education, regardless of their status; and

Work with CARICOM, the international community, and civil society to establish a regional rights-based framework for the protection of Haitian refugees and asylum seekers in line with principles of humanitarian assistance, protection, cooperation, and international solidarity. To operationalise this framework, work with CARICOM and other stakeholders to establish a regional inter-agency coordination platform for Haiti to implement humanitarian, protection, and socio-economic integration activities.

Contact:

info@freedomimaginaries.org

freedomimaginaries.org

@FImaginaries#WithHaitianRefugees