Lobby group Jamaicans for Justice (JFJ) has criticised the Government over its decision to quickly repatriate the latest group of Haitian refugees who arrived in Jamaica on Sunday, October 15 to their war-torn nation, claiming the move was without due process and in breach of international law.
JFJ has joined fellow human rights group, Freedom Imaginaries, in condemning the actions of the Jamaican Government while urging it to respect the law as it relates to migration and refugees.
The 35 Haitians who arrived in Long Bay, Portland on Sunday included men, women and children. They were returned a day later. Their swift repatriation mirrored what obtained in September when a similar size group was sent back overnight, much to the chagrin of some local human rights groups.
“This is a violation of international law, which prohibits the return of refugees to countries where they face persecution or other serious harm. JFJ emphasises that the UN Convention must guide policy,” said the lobby in a statement.
“Furthermore, JFJ reminds 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,” it added.
In April of this year, the UN Committee on the Elimination of Racial Discrimination urged state in the region to suspend forced returns and adopt measures to protect Haitians on the move, this after 36,000 people of Haitian origin were deported during the first three months of the year.
In a statement, the committee said it was deeply concerned about the collective expulsions of Haitians without a proper assessment of the protection needs of each individual case, including pregnant women, new-borns, unaccompanied children, victims of trafficking, and also of gender-based violence.
JFJ reminded that, “Jamaica was also the first Caribbean Community member ctate 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.”
The organisation also cautioned the Government against using what it called ‘stigmatising language’ against Haitians, even unintentionally, where innocent men, women and children may be perceived as smugglers or criminals.
“JFJ recognises 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 generalisations,” JFJ said in its latest criticism of the Administration.
In calling for the Government to respect its international obligations, JFJ said it is important that policies and practices are established or adhered to, so that all individuals are treated fairly and with dignity.
“Jamaica is well aware of the volatile circumstances that exist in Haiti, and has acknowledged those circumstances on the international stage. As Haiti’s second closest neighbour, Jamaica is more likely to feel the impact of the country’s unrest, and must respond to our neighbour’s human suffering as is our obligation,” the statement said.
“Should anymore Haitians arrive seeking refuge, the Government of Jamaica must allow 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 recognised refugees in Jamaica,” JFJ declared.
It insisted that the Government must also facilitate access to asylum procedures for individuals who have expressed a fear of returning to their country of origin, and ensure the security of all individuals in need of international protection.
“Anything less is demonstrative contempt for human rights and due process,” JFJ declared.
Meanwhile, a group of 29 Haitians who arrived in Jamaica in July and were facing deportation before applying for asylum, are still awaiting a decision from the Jamaican Government.
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