Did you know that another group of Haitian refugees arrived in Long Bay, Portland on Sunday afternoon (October 15)? According to one media house, they were “rounded up” (like cattle?) by the authorities, after some had allegedly changed their clothes and tried to run away. Last month, the Jamaican Government sent back another group – who made the mistake of arriving on a weekend, like this month’s group, and could thus be dealt with while everyone was otherwise distracted, including the media. The September refugees were returned within 24 hours.
The first group to arrive in recent times, on July 10 this year, are awaiting the results of their asylum applications, which were put in through human rights lawyer Malene Alleyne on July 21. They are staying in Robins Bay, St. Mary, under the care of the Jamaica Red Cross.
Does Jamaica have a refugee policy? Has it evolved into a “send them back as soon as possible, before anyone notices” policy? A “let’s not open the floodgates/rivers of blood” policy, perhaps? According to this article, there is a policy, which was formulated in 2009:
Jamaica’s Refugee Policy…is based on the 1951 Refugees Convention and the 1967 Protocol to the Refugees Convention. It outlined a refugee as someone who, “Owing to a well-founded fear of being persecuted for reasons of his or her race, religion, nationality, membership of a particular social group or political opinion, is outside of the country of his or her nationality and is unable or owing to such fear, is unwilling to avail himself or herself of the protection of that country, or who, not having a nationality, and being outside the country of his or her former habitual residence is unable or owing to such fear, unwilling to return.”
Jamaica Observer, September 5, 2023
Three human rights watchdog groups have decried the current situation, pointing out that the Government’s recent actions are in contravention of international refugee and human rights treaties, which Jamaica ratified many years ago. This does not seem to be a great concern, however. There appears to be no principle involved in this – just nonchalance.
GOVERNMENT IS INSINCERE ABOUT HAITIAN REFUGEES ARRIVING IN JAMAICA
Stand up for Jamaica, through its Executive Director, Maria Carla Gullotta, finds it unacceptable that the Government of Jamaica (GOJ) has made the decision to send back the 35 Haitian nationals, who landed in Portland by boat on Sunday, October 15, 2023, from Haiti.
The Government’s forced return of the Haitians back to Haiti, where they face a real risk of persecution, torture or other serious or irreparable harm, amounts to refoulement, which is explicitly prohibited under international refugee and human rights treaties, including the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and the International Covenant on Civil and Political Rights, which have been ratified by Jamaica.
The Government’s denial to the Haitians of the right to due process, the right to legal representation, the right to be heard, the rights of the child to special protection, and the right to access basic information on the asylum procedure, is inconsistent with human and constitutional rights principles and standards and is a brazen affront to the principle of non‐refoulement, which requires the Government to grant individuals seeking international protection access to efficient asylum procedures.
Carla Gullotta believes the Government must use the opportunity of the arrival of Haitian refugees as a show of support and sincerity; not just promises to send security personnel to Haiti. “Jamaica and CARICOM have had a strong voice on the unfortunate situation happening in Haiti currently; therefore, it is disheartening and counterproductive to return Haitians to harsh conditions, instead of welcoming and supporting them,” she said.
Stand up for Jamaica wishes to emphasize that the Haitians, including children, are not criminals. They are refugees, which is a different case. “They did not commit any offence, apart from escaping fear, terror, hunger, gang war, and instability. Some of them are children and it is hard to believe that they are in conflict with the law,” Gullotta highlighted.
Stand up for Jamaica, Jamaicans for Justice, and Freedom Imaginaries reiterate our request for a meeting to discuss international law standards for the protection of Haitian migrants to ensure that this situation is not repeated in the future, and most importantly prevent the risk of a report being sent to the United Nations Security Council for action to be taken against Jamaica.
JFJ sent out a separate release, reminding the Jamaican Government “of its responsibility under the Treaty of Chaguaramas and international conventions to which Jamaica is a signatory. Jamaica ratified the 1951 Refugee Convention in July 1964 and the 1967 Protocol in October 1980. Jamaica
was also the first Caribbean Community (CARICOM) Member State to ratify the 1961
Convention on the Reduction of Statelessness in February 2013. These conventions require
Jamaica to provide asylum to refugees and to treat them with dignity and respect.“
And no, not all Haitians arriving on our shores are criminals and gangsters; this perception is repeated by many Jamaicans (who have likely never met a Haitian in their lives) – despite their professed concern for the appalling conditions in Haiti that they are fleeing from. JFJ cautioned the government “against using stigmatizing language against Haitians, even unintentionally, where innocent men, women and children may be perceived as smugglers or criminals. JFJ recognizes that those with criminal records may pose a risk to national security. However, it is important to balance national security concerns with the protection and respect of the human rights of migrants and refugees. We urge the government to conduct individual assessments in accordance with due process, rather than relying on broad generalizations.”
Surely “the authorities” can investigate individuals whom they suspect may have criminal intent, and act accordingly.
Jamaicans for Justice insists:
Should any more Haitians arrive seeking refuge, the government of Jamaica must allow
Jamaicans for Justice, October 18, 2023
individuals to speak to an attorney and receive due process. This includes clear articulation on
processes that allow for fair and expeditious procedures for status determination, including
appeals, and guaranteeing the rights of all recognized refugees in Jamaica. The government
must also facilitate access to asylum procedures for persons who have expressed a fear of
returning to their country of origin and ensure non-refoulement of all persons in need of
international protection. Anything less is demonstrative contempt for human rights and due process.
Many Jamaicans agree with the Government’s stance. Send them back! They cry. They are criminals, they will bring disease, they will cause problems! We can’t afford to keep them! We have enough problems of our own!
It strikes me as sad that there is such a general lack of compassion. After all, many Jamaicans are also immigrants to other countries – some striving to get away from crime, others seeking a better life economically. However, even though the security situation – in some parts of Haiti at least – is horrifically dangerous and poverty is deepening, many Jamaicans are lacking in empathy. It seems we are unable to walk in another’s shoes – not even our close neighbour’s, whom we know is suffering greatly at this time.
Our “Caribbean brothers and sisters.”
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