By Nancy Anderson, Contributor HAITIANS FLEEING from violence in their country started arriving in Jamaica earlier this year. Later Jamaica harboured the deposed President, Mr. Artiste. Our first feelings were of concern for the safety and health of these refugees from Haiti. Jamaican citizens welcomed them, offered them security and took care of their needs. Soon there were over 500 Haitians being sheltered in Portland.
Now, some 7-8 months later, public opinion concerning the remaining 230 Haitians is mixed; with some Jamaicans, including the Government of Jamaica, saying they must be returned to Haiti and others saying they should not be returned as there is still conflict in Haiti as well as devastation from natural disasters.
The men, women and children from Haiti currently still in Jamaica at Montpelier are seeking refugee status to remain in Jamaica. They applied for this status under the international treaty, the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. Their applications were all refused by the Government of Jamaica through the decision of the Minister of Foreign Affairs acting on the recommendations of the Eligibility Committee. Most of these applicants have appealed this decision.
Jamaica has been a party to the 1951 Convention from July 30, 1964 and to the Protocol from October 30,1980. These international documents place an obligation on a state party not to expel or return refugees to territories where their lives or freedom would be threatened.
PROTECTION PRINCIPLE
This is the fundamental protection principle enshrined in the Convention. The right to seek asylum is also enshrined in the Universal Declaration of Human Rights passed by the United Nations on December 10,1948. The Universal Declaration of Human Rights sets out everyone's basic human rights. Article 14(1) of the Universal Declaration states "Everyone has the right to seek and to enjoy in other countries asylum from persecution."
In accordance with the UN Refugee Convention, all states that are a party to the Convention are obliged to consider applications for asylum. Applications are to be considered on an individual basis. The Convention sets out the criteria for asylum as: "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 asylum seeker) is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country."
Each individual's experience must be considered against the factual background of the situation in his country of origin. Where there is a mass influx of asylum seekers other concerns often surface: lack of resources, threats to national security, fear of domestic disturbances and the arrival of even greater numbers of refugees. The obligations this places on a country accepting applications for refugee status are only sustainable if other nations help to find a durable solution. The solution may be resettlement elsewhere, repatriation when safe, or integration into the host state. If the international or regional community fails to help to find a solution, the host state can be put in a very difficult situation.
IT IS TIME
In this region, CARICOM has been very concerned with what has been happening in Haiti. It is time for the leaders of the nation-states in CARICOM to become concerned with the solution for the refugees seeking asylum in Jamaica. CARICOM should also see it as the obligation of member-states to ensure that the costs of refugee protection for the Haitians are properly shared, regardless of where refugees have fled. The Preamble to the UN Refugee Convention states:" the grant of asylum may place unduly heavy burdens on certain countries, and a satisfactory solution cannot therefore be achieved without international cooperation."
It is unacceptable for the nations in CARICOM to fail to live up to their responsibility to ensure that a long-term solution is found. People usually leave their country of birth and become refugees because their human rights are at grave risk. They sever the link with their own state and seek protection from another state. They embark on this treacherous journey because their own government is either persecuting them or cannot be relied on to protect them. A fair and satisfactory asylum procedure is the only effective way to ensure that people who would be at risk of serious human rights violations if returned to a particular country are identified and offered protection. All states should share equally the responsibility for hosting refugees and funding their support. A state should not bear a disproportionate share of the responsibility simply because of its geographic location and should receive the full support of the international or regional community.
Nancy Anderson, an attorney-at-law, is a member of the Independent Jamaica Council for Human Rights.
