International concern for Haitians in the Diaspora.pdf

International Concern for Haitians in the Diaspora

JAKE C . MILLERPROFESSOR EMERITUS, BETHUNE-COOKMAN COLLEGE

Abstract

Because of economic and political conditions in Haiti during the last quarter of the Twentieth Century, many Haitians soughtrefuge or work in nearby countries. While some entered these countries legally, most entered or sought to enter by non-traditionalmeans. Both the danger they risked in attempting to reach a "better land", and their receptions upon arrival have been theconcern of the international community. This paper is an assessment of the international response to Haitians in the UnitedStates, Dominican Republic and Bahamas Islands, who have been the victims, or alleged victims of discrimination becauseof race or nationality.

During the last quarter of the 20th Century, manyHaitians left their homeland in search of a better life,elsewhere. Because they left for a variety of reasonssocial, economic and politicalit is difficult to placethem all in a single category. Based upon the "pull"and "push" factors which caused them to leave they areusually referred to as "economic migrants" or "politi-cal refugees," Regardless of the name given to them,they are among the most abused in our society, havingundergone extraordinary distress in their efforts to reachthe host country and sometimes having suffered equalhardship upon their arrival. The public exposure of theirplight has brought about an intemational outcry bothfrom governmental and non-governmental organiza-tions. This paper will assess the intemational concemshown for Haitian migrants in the United States, Do-minican Republic and the Bahamas,

Haitians in the United States

Historically, the United States has been accused of pur-

suing a racist policy in regard to the granting of refugeestatus (usccR, 1-19); therefore, it was not surprising thatsome of the intemational human rights organizationsquestioned its attitude toward Haitian migrants. Sucha challenge took place June 22, 1979 when the Inter-national Human Right Law Group (US) complainedto the Inter-American Commission on Human Rights(IACHR) of the Organization of American States (OAS)conceming the treatment of Haitian refugees. Accordingto the petition, which was filed on behalf of the NationalCouncil of Churches, "the procedures employed by theUnited States in handling claims of these Haitian refu-gees violated regional and intemational commitmentswhich the U,S, has undertaken," It was accused of fail-ing to observe obligations which it assumed as a resultof its membership in the OAS, and as a signatory of theAmerican Declaration of the Rights and Duties of Man(Declaration), and the American Convention on HumanRights (Convention), The petition cited Article XXVIIof the Declaration, which binds the U,S, "not only to actin accordance with its domestic laws in granting asylumto those seeking it, but must also act in accordance with

Jake C. Miller received his B. S. Degree from Bethune-Cookman College, M. A. from the University ofIllinois, and Ph.D. from the University of North Carolina at Chapel Hill. He taught political scienceat Fisk University in Nashville, Tennessee and Bethne-Cookman College in Daytona Beach, Florida.Currently, he is Professor Emeritus of Political Science at Bethune-Cookman College. He authored:Black Presence in American Foreign Affairs f University Press of America), Plight of Haitian RefugeesPraeger and Prophets of a Just Society (Nova Science Press).

The Western Journal of Black Studies, Vol. 30, No. I, 2006 35

intemational agreements," including the Protocol Relat-ing to the Status of Refugees (IHRLG, 2), Specifically,the United States was accused of:

Depriving Haitian nationals seeking asylum inthe U,S, of their rights to equal protection andto life and liberty,

Depriving Haitian refugees of their rights to dueprocess,

Discriminating against Haitian nationals on thehasis of their country of origin,

Denying Haitian effective access to the U,S, courtsdue to harassment and other actions whichinterfere with legal representation,

Returning Haitian refugees to Haiti where theirlives or freedom are threatened on the basis ofpolitical opinion (IHRLG, 9),

Although the IACHR normally does not accept casesuntil domestic remedies have been exhausted, thepetitioner suggested that a waiver of this requirementbe made, inasmuch as "once domestic remedies havebeen exhausted, the Haitian refugee seeking politicalasylum in the U,S, is subject to immediate deportationand is placed in imminent peril of violations to hispersonal security and safety upon refoulement to Haiti(IHRLG, 11),

Although the State Department questioned the rightof the IACHR to consider the issue, it agreed to allowthe Commission to undertake an on-site investigationof the situation, if it decided that such was needed.The United States assured the IACHR that if such aninvestigation was made, it would do everything possibleto facilitate the effort (USDS, 4),

In a memorandum to the IACHR, the IntemationalHuman Rights Law Group suggested that in case theoriginal petition was declared inadmissible because ofnonexhaustion of domestic remedies, the Commissionshould conduct a study and issue a report on the situationof Haitian refugees in the United States, In pursuing thisstudy it was advised to observe first hand the proceduresused by the Immigration and Naturalization Services inscreening the refugees. The IACHR was also asked torecommend that the United States file a report on waysin which it was seeking to protect Haitians' humanrights (IHRLG, 2),

In April 1980, the IACHR received testimony

conceming the alleged U, S, violation of human rightsin regard to the treatment of Haitian refugees. Afterhearing complaints, the Commission sent a cablegramto the Secretary of State, appealing to him to suspendthe "deportation of Haitian citizens who had been deniedasylum as political refugees in the United States," Not-ing that it was currently considering the case of Haitian"boat people," it appealed to the U,S,, for humanitarianreasons, to "cooperate with the Commission by refrain-ing from any action which would result in the deporta-tion of Haitian citizens seeking political asylum whilethe case is under study by the Commission (Carreno),

The issue of the Haitian exodus became furtherintemationalized on September 23,1981 when the U,S,and Haiti exchanged notes concerning their mutualinterest in halting the illegal migration of Haitians tothe United States through a program of interdiction.Consistent with the agreement, the U,S, was granted theright to board Haitian flag vessels and determine theirdestination and the status of their passengers. If suchinvestigation suggested the violation of U,S, immigra-tion laws or relevant Haitian laws, the Governmentof Haiti consented to permit the United States CoastGuard to detain the vessel while on the high seas, aswell as persons aboard, Haiti also agreed to permit theretum of the detainees to a Haitian port after the givingof prior notification, (HMIA, 3559-3561), On October1,1990, a petition filed with the Inter-American Com-mission on Human Rights contended that the UnitedStates' practice of repatriation violated internationallaws and standards which give Haitians fieeing politi-cal persecution the right to seek refuge in any country.Specifically, attention was called to Article XXVH ofthe American Declaration of the Rights and Duties ofMan, which reads:

Every person has the right, in case of pursuit notresulting from ordinary crimes, to seek and receiveasylum in foreign territory, in accordance withthe laws of each country and with internationalagreements.

In March 1993, the IACHR called upon the UnitedStates, as a matter of urgency, to review its practice ofseizing Haitians on the high seas and returning themto their homeland without permitting them to establishwhether they qualify as refugees, or as asylees under theDeclaration, Likewise, IACHR urged the United Statesto protect the rights of Haitians already residing withinits borders by not retuming them to Haiti before deter-mining whether they could qualify for refugee statusunder the Protocol relating to the Status of Refugees, or

36 The Western Journal of Black Studies, Vol. 30, No. 1, 2006

as asylees under the Declaration,, Referring to obliga-tions in documents cited above, as well as principlesand mies on intemational humanitarian law, the IACHRcalled upon governments of the Hemisphere:

To take the emergency measures necessary toprevent the dangers and suffering experienced bythose Haitians who, although forced to fiee theircountry because of their repression and persecutionby agents of those exercising authority in Haiti,have been or are being repatriated (OAS).

On November 8, 1996, the IACHR respondedto a petition which had been filed six years earlier byacknowledging that the United States had violatedintemational law in its treatment of fieeing Haitians byintercepting them at sea and forcibly retuming them totheir homeland. The NCHR had filed the charges duringthe Reagan and Bush (the senior) administrations in or-der to end the U, S, practice of interdiction (NCHR),

Not only was the Organization of American Statesconcemed about the treatment of the Haitian refugees,but the United Nations as well. In May 1992, SadakoOgata, the UN High Commissioner of Refugees, criti-cized President Bush's executive order which ended theprocess of taking Haitians who were rescued at sea to thedetention center at Guantanamo Bay, Cuba for question-ing by the Immigration and Naturalization Service, TheU,S, was perceived as denying opportunities to thoseHaitians who were genuinely in need of intemationalprotection the right to present their claims; therefore,placing them in danger upon their retum to Haiti, Indefense of his policy. President Bush expressed doubtthat Haitians were persecuted after they were retumedforcibly. He maintained that the vast majority of thoseclaiming to be political refugees were migrants seekingto better their economic conditions (Crossette), Theviolation of human rights and the violence perpetratedby the security forces caused the UNHCR to expressfear that the returnees might be exposed to danger;however, it acknowledged that it was not in a positionto determine the extent of their safety (UNESCO),

In May 1994, Sadako Ogata, the United NationsHigh Commissioner for Refugees, urged the ClintonAdministration to increase the 5 percent of Haitian ap-plications which it was currently accepting. She notedthat increased violence and the expanding suppressionof human rights had become so crucial that it was neces-sary for the United Nations to place serious sanctionson Haiti, According to Ogata, the entire country was inan abnormal situation and because of this, those personsfleeing Haiti "should be given some kind of chance to

stay outside of the country, at least until democracy isrestored (Greenhouse, A5),"

Haitians in the Dominican Republic

Historically, the Dominican Republic has both prof-ited from and has been embarrassed by the influx ofHaitian migrants into the country. While the migrantshave constituted a pool of cheap labor for the sugarcane growers, the Dominican treatment of them hasbrought the nation intemational condemnation, RobertCressweller offered this description of a scene fromthe 1937 slaughter of more than 20,000 Haitians in theDominican Republic:

Bodies clogged the river. Bodies were piled intoobscure little valleys. Bodies lay in village streetsand on country roads and in gentle green fields.Trails of blood lay on dusty country lanes up anddown the border. Blood dripped from trucks thatcarried corpses to secluded ravines for disposal(Cressweller, 154-155).

Since the 1937 tragedy, the Dominican Republichas constantly been condemned by the intemationalcommunity for its mistreatment of Haitian migrants. Ina study of labor conditions in the Dominican Republicin 1978, the Anti-Slavery Society for the Protection ofHuman Rights, based in London, charged that most ofthe 280,000 Haitian itnmigrant workers and their fami-lies suffered from "chronic malnutrition, a variety ofpreventable diseases, high material and infant mortality,illiteracy and hopelessness (WCC, 12),"

Similarly, in a seminar sponsored by the Ecumeni-cal Center for Human Rights (CEDH) in July 1980, six-teen Protestant church-related groups from Haiti, PuertoRico, the Dominican Republic and the United States,condemned "the economic, social and political causesthat have led to the exploitation of thousands of Haitianswho work on sugar plantations in the Caribbean regionin unjust circumstances (WCC, 12)," Also concernedwith the situation was the World Council of Churcheswhich concluded that "the conditions of migrant work-ers and the systematic exploitation which they suffermake it one of the worst situations in the world. Deniedevery basic right their plight can only be compared withthe slaves of Caribbean history(WCC, 3),"

In June 1981, as a result of a petition filed by CecilRodgers, the Workers' delegate from Suriname, thetreatment of Haitian laborers in the Dominican Republicbecame a major item on the agenda of the IntemationalLabor Organization (ILO), Accusing the Dominican

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Republic of violating provisions of the Conventionon Forced Labour, the petition criticized the country'spractices relating to recmitment, transportation, hous-ing, working conditions, payments and living condi-tions. Among the specific charges was that recmitmentwas "carried out on the basis of false promise," andforce was utilized when sufficient numbers were notrecmited, otherwise, Rodgers contended that "the useof forced labour, disguised as a social and economicoutlet for workers is in fact a way for the Dominicanstate to make enormous profits," The ILO was askedto urge the Dominican Republic to halt its practice offorced labor and to initiate an inquiry to assure that therights of Haitian workers were being observed (ILO,135-136),

The ILO responded to the petition by establishinga committee of inquiry which proceeded to investigatethe grievances. Among its recommendations was thata small number of qualified officials acting under theauspices of the Haitian Embassy in Santo Domingo beempowered to visit plantations and other places of laborin order to become aware of working conditions. It alsorecommended that the Haitian Govemment be permittedto conduct periodic visits for similar reasons, A thirdrecommendation was those Haitian workers, given thelack of unionization, be allowed to designate representa-tives to work out day to day problems affecting them.In reflecting on a more durable solution to the problem,the ILO concluded that the treatment and conditions ofthe Haitian workers in the Dominican Republic will beinfiuenced to a great extent by the "future prosperity ofthe Dominican sugar industry," According to the ILO, amajor factor will be the willingness of the intemationalcommunity to act positively in providing more favorabletrade opportunities for the country (ILO, 132-133),

During the decade of the 90s, there was, onceagain, a ground-swell of international concern forthe Haitians in the Dominican Republic On June 11,1991, Americas Watch, an intemational human rightsorganization, decried the abuse of Haitian cane cuttersemployed on plantations of the State Sugar Council, Itwas especially critical of what it considered to be "aforced labor regime affecting Haitian children,,," Theissue became more publicized following an Americantelevision network broadcast of the situation. PresidentBalaguer of the Dominican Republic responded by is-suing Decree 23 of June 13, 1991 which provided forthe repatriation of Haitians under 16 and over 60 yearsof age who were in the Dominican Republic withoutproper documents, (OAS, 1999, 319-320)

On June 26, 1991, the executive secretary of the

IACHR sent a cable to the Secretary of State for ForeignAffairs of the Dominican Republic addressing the issueof the mass deportation of Haitians, considering it a vio-lation of the American Convention on Human Rights,The Dominican Republic was requested to provideinformation conceming the action, and to suspend anymeasure intended to put the Repatriation Decree (No,233-91) into effect. Likewise, it was urged to take thenecessary steps to curtail the inflicting of irreparableharm on persons scheduled to be deported OAS, 1992,258-259),

In reply to the communication, the DominicanRepublic pointed out that as a sovereign nation the re-patriation took place in accordance with its constitutionand laws. It insisted that its action was not in violation ofthe American Convention on Human Rights, inasmuchas the rights which the IACHR referred to, did not ap-ply to individuals who were in the Dominican Republicillegally. In the letter, reference was made to the 1938agreement between the two countries in which eachgovemment agreed to "take the measures necessary toprevent their nationals from crossing the borders intothe territory of the other State without proper permissionfrom the competent authority of the latter," The agree-ment further provided that "nationals of either State whoare within the territory of the other State in violationof the latter's law shall be immediately repatriated ordeclared undesirable aliens by the competent authori-ties," The Dominican foreign affairs officer contendedthat in addition to being on sound legal ground, theDominican Republic was serving the cause of humanrights by repatriating aliens who had found themselvesin a dilemma by having come to the country on the basisof false promises, and therefore wanted to be retumedhome. From a nationalist point of view, the DominicanRepublic insisted that the more than a million Hai-tians in the country represented "a very competitivelabor force that displaces Dominican workers," Thetremendous burden they impose on the institutions ofthe country also was noted,. The Dominican Republicpledged to make needed information available to theIACHR,' (OAS, 1992, pp, 260-262),

The IACHR reacted to the Dominican pledge byasking its permission to visit the country to assess thesituation. On August 2,1991, the Dominican Republiccomplied by extending an invitation, and about twoweeks later the observation team, led by DrMarco TulioBmin Celli, visited the nation. The delegation consultedDominicans, both in and out of govemment, before con-cluding that there was sufficient evidence that measurestaken by the govemment to enforce its recent decrees


violated provisions of the American Convention on Hu-man Rights, It reported that through the enforcement ofthe decree, authorities had "unleashed an indiscriminatepersecution against Haitians and their descendants" inorder to remove them from the country. Included amongthose were Haitians who were bom in the DominicanRepublic and had the constitutional right of nationality.The Commission conceded that even though the Do-tninicans enjoy the privilege of sovereignty and are freefrom foreign political interference, they are limited bymodem intemational law which protects human rights.The Commission noted that in regard to these individualguarantees, foreigners are considered the sameas nationals. Lastly, it referred to a statementin the preamble of the American Conventionon Human Rights which read, "that the essen-tial rights of man are not derived from one'shuman personality, and that they thereforejustify intemational protection in the form ofa convention... (OAS, pp, 275-277),"

In an effort to resolve the problem, the IACHRrecommended that the Dominican Republic take stepsto regularize the status of Haitians who have been un-able to benefit by provisions of Decree 417-90 issuedon October 15,1990, It also was urged to ":revoke anylegislative or administrative measure aimed at impair-ing the rights of foreigners or Dominicans of Haitianorigin and to suspend immediately the mass expulsionsof Haitian nationals," Consistent with Decree 233-91,the Dominican Republic also was asked to:

Provide the necessary facilities to Haitian nationalswho voluntarily request their return to Haiti withall the guarantees and considerations, withoutharming their basic rights, and granting thecorresponding work benefits.

Pay compensation to those Haitian nationalswho were expelled fi-om the Dominican Republicwithout their corresponding work benefits.

Grant facilities aimed at allowing persons whoallege that they are Dominicans to return to thecountry so that they may exercise their right toprove Dominican nationality (OAS, 1999, pam.323-324).

Following its on-site visit, the IACHR was informed bythe Dominican govemment that it had suspended theexpulsions as of September 30, 1991,

The UN Comtnission on Human Rights also investi-gated the Haitian problem and noted in its report of 1992that there was "indiscriminate and arbitrary detention ofpersons of Haitian origins," It offered this description:

The agents of the Dominican Government,particularly the police and the military, using forceand threats, are arresting and herding togetherHaitians of every age and occupation. Those whoare to be expelled are imprisoned before beingtaken to the Haitian fiontier, where they are lefiwith only the clothes they stand up in. Arrestsoccur in the streets, in the fields, on the farms andon construction sites. Some people are beaten upand generally ill-treated at the places where theyare held before being deported. They have to leavebehind their possessions and their entitlements...(UNESCO, 42)

According to the UN Commission, by taking suchactions the Dominican Republic violated Article 11 ofits Constitution, which stated that "everyone bom inthe Dominican Republic is Dominican, except for thechildren of diplomats or people in transit," The Haitianswho were involved were not children of parents whowere in transit. The Commission also noted the viola-tion of Article 7 of the Civil Code, which states that "allpersons bom on the territory of the Republic, whateverthe nationality of their parents, are Dominican," TheCommission maintained that to expel persons bom onDominican soil had the effect of depriving them of theirnationality (UNESCO, 43), It also noted the violationof Article 20 and 22 of the American Convention onHuman Rights, as well as provisions of the IntemationalCovenant on Civil and Political Rights, the IntemationalCovenant on the Elimination of All Forms of RacialDiscrimination and the Convention on the Rights ofthe Childall of which the Dominican Republic hadratified (UNESCO, 44),

In June 1997, The IACHR undertook anotheron-site visit to the Dominican Republic and heardcomplaints conceming massive expulsions of Haitiansand some Dominicans of Haitian origin. Human rightsgroups reported that an estimated 25,000 Haitians weredeported in January and February, and smaller numberswere continuing to be expelled. According to testimonygiven, the Govemment frequently denied those deportedthe opportunity to prove that they were residing legallyin the Dominican Republic, Neither were they given achance to prove how long they had been in the country,nor their conditions of employment nor family tieswith the country. There were also complaints that thespeedy and violent manner of the deportation made itimpossible for workers to take their property or collecttheir wages (OAS, 1999, para, 325-327), This criticismalso was made:


the deportees are held in establishments in whichthey receive little or no food during their days ofconfinement, and in some cases they have beenbeaten by the Dominican authorities. At no timeare they allowed to inform their family members oftheir expulsion (OAS, 1999, para. 328).

Likewise, incidents were reported where "children weretaken by force from their homes when the parents wereworking," and "wives were deported while the husbandswere away from home (OAS, 1999, para, 328),

Intemational human rights organizations also haveattempted to improve the conditions of Haitian workersin the Dominican Republic by bringing pressure to bearon the govemment of the United States, In May 1989,Americas Watch petitioned the U,S, Trade Representa-tives (USTR) to conduct an inquiry to determine if theDominican Republic was meeting the requirements setforth in the U,S, trade laws regarding trade preferences,"Although, the USTR, representing the President, is re-quired to undertake periodic reviews to determine the"continued eligibility" of any country receiving tradebenefits, it has been accused of failing to do so. When itaccepted the Americas Watch petition and began hold-ing hearings on September 26, 1989 this was regardedas a significant first step, Dominican officials wereperceived as not being very cooperative during the hear-ings. They were said to have responded to the charges bydenying them or by attempting to discredit the reports.In this effort they cited Dominican law which prohibitedsuch abuse while disregarding the actual practices ofthe abuses. The report noted that a greater effort wasmade to "rebut evidence of violation" than to seek tocorrect the abuses (AW, 1990, 49-51),

The USTR's review of Dominican labor practicesrevealed significant evidence that forced labor was be-ing used in the sugar industry. According to AmericasWatch, in spite of the information received, however,the USTR did not suspend trade benefits, choosing,instead to extend the review for another year, AmericaWatch concluded that in spite of the inaction of USTR,its investigation made an impact on Dominican laborpractices. It noted that announcements conceming im-portant reforms being made in the sugar industry tookplace at the same time the nation was defending itslabor practices before the USTR and in its post-hearingsubmissions (AW, 1991, 32), In spite of their efforts,Americas Watch and other human rights organizationshave had only limited success in persuading the UnitedStates to play a more active role in changing laborpractices in the Dominican Republic,

The stmggle to obtain better treatment for Haitians

in the Dominican Republic continues to be an ongoingcampaign of intemational human rights organizations.On November 19,1999 the National Coalition for Hai-tian Refugees and several allied.

The USTR's review of Dominican labor practicesrevealed significant evidence that forced labor was be-ing used in the sugar industry. According to AmericasWatch, in spite of the information received, however,the USTR did not suspend trade benefits, choosing,instead to extend the review for another year, AmericaWatch concluded that in spite of the inaction of USTR,its investigation made an impact on Dominican laborpractices. It noted that announcements concerningimportant reforms being made in the sugar industrytook place at the same time the nation was defendingits labor practices before the USTR and in its post-hearing submissions In spite of their efforts, AmericasWatch and other human rights organizations have hadonly limited success in persuading the United States toplay a more active role in changing labor practices inthe Dominican Republic,

The struggle to obtain better treatment for Haitiansin the Dominican Republic continues to be an ongoingcampaign of intemational human rights organizations.On November 19,1999 the National Coalition for Hai-tian Refugees and several allied organizations wrote ajoint letter to the president of the Dominican Republicdeploring the human rights abuses of Haitians and Do-minicans of Haitian descent. It urged the governmentto halt immediately the "on-going mass expulsionsand to conduct all legal reparations in accordance withintemational due process guarantees,,," The letter whileconceding the sovereignty of the Dominican Republic,insisted that "the methods used by the govemment tocontrol migration conform to the standards set forth inlegally binding intemational human rights agreementsto which the Dominican Republic is a party(NCHR,1999),

Haitians in the Bahamas

Haitians who left their homeland and landed in theBahamas found it attractive for two reasons. Its morepromising economic conditions appealed to those whowere seeking a new permanent home, and secondly itcloseness to the United States made it a convenient way-station for those seeking to make their way eventually tothe American shores. Initially, Haitians were welcomedto the country since they provided it cheap labor, but asunemployment became a problem, and the large numberof Haitians began to overwhelm the Bahamian culture.


the govemment made an attempt to regulate the fiowof additional migrants into the country and took stepsto expel some who were there.

Dawn Marshall, in her book. The Haitian Problemcontended that the Bahamian policy toward illegal Hai-tian migration was determined, in part, by "the lack ofintemational concem," By 1967, however, the Haitianproblem had escalated and had become intemational-ized. In response to the growing crisis, Dr, FranciscoUrrutia, representative of the United Nations Com-mission of Refugees, visited Nassau and discussed theproblem with the govemor, premier and the minister forintemal affairs. Following his conferences, he expressedsatisfaction that the problem had developed because ofHaitian migrants and not refugees. Having determinedthat the Haitians in question were not refugees, theUnited Nations refused to become involved (Marshall,121-122),

Two years later, the Bahamian govemment foundit necessary to respond to a hunger strike called by 93Haitian prisoners to retain their freedom. In an openletter, which attracted intemational attention, they citedas their allies the International Commission of HumanRights and the International Commission for Justice,The prisoners posed a question as to what would bethe reaction of the intemational community if it wasaware that they were compelled to go on a hunger strikein order to regain their freedom? The letter proceededto address problems which the signers would face ifdeported:

By going to Haiti, fighting Duvalier, a lot of uscould die. We are not afiaid by the idea of death.The watchword is "Freedom or Death" since wecan't have this freedom, we have decided to go tothe death by this hunger strike... enough is enough.Freedom or death (Marshall, 122).

As a follow-up to the prison incident, the BahamianGovemment held discussions with other nations andthe United Nations, Contrary to the earlier statementof 1967, an official of the UNHCR came to the Baha-mas and offered assistance in resolving the problem.As a result most of the Haitians retumed to Haiti andfor those who did not, homes were found elsewhere(Marshall, 123),

In November 1980, following the Cayo Lobostragedy, the Bahamas became the center of intemationalcriticism, once again. World attention was focused onthe way the Bahamian govemment responded to themore than 100 boat wrecked survivors who landed onone of its tiny islet. La Voz, a publication of the Ecu-

menical Center for Human Rights, with offices in PuertoRico and the Dominican Republic, called for multilat-eral involvement and specifically the intervention of theUNHCR, Also appealing for intervention were Haitianorganizations in New York, Miami, Washington, SantoDomingo, San Juan and Paris, They requested the UNrefugee organization:

to set up an intemational authority responsiblefor organizing in a more human way theconditions to which the Haitian refugees aresubjected wherever they land,

to require this international authority to watchcarefully the situation of the 25,000 refugees inthe Bahamas threatened with deportation afterJan, 18, 1981,

to work for the analysis and the eventualelimination of the real reasons that explain thedramatic exodus of the urban and rural massesfrom Haiti (La Voz),

The Miami Herald in an editorial of November12, 1980, viewed the Cayo Lobos crisis as posing "atest of the humanitarian instincts" of the United States,Bahamas, Cuba and Haiti and it concluded that all fourfailed the test. It expressed regret that nations wouldargue over who had jurisdiction while the victims"waited in vain for help," Although the Herald agreedwith the Bahamians in blaming the "despotic Duvalierdynasty" for plundering and oppressing that "povertystricken land until its people's only hope is to flee,"the paper did not hold the Bahamas blameless. Theeditorial observed:

.. .it cannot excuse the Pindling government's longdelay in responding to the desperate plight ofthe 118 human beings who were marooned onCayo Lobos. When people are near starvation,they must be fed at once. Officials can argueafterwards about jurisdiction (MIH).

According to the 1981 Country Reports on HumanRights Practices, an annual summary of human rightsconditions of countries which receive foreign assistancefrom the United States, there were between 12,000 and20,000 illegal Haitians residing in the Bahamas, Thereport noted that because of the small overall popula-tion of the Bahamas, the large number of immigrantsappeared to overwhelm the country. It acknowledgedthe concern expressed by some Bahamians that the


nation was becoming "too Hatianized," and that theinfiux of immigrants was overstraining the alreadyoverburdened educational system. Effects also werebeing felt in the areas of housing, health and employ-ment (USDS, 1982),

In response to an invitation from the Govemment ofthe Bahamas, the Inter-American Commission on Hu-man Rights (IACHR) visited the country on May 22-27,1994 to observe the condition of Haitian refugees. Itreported that during its visit, it found the BahamianGovemment to be very cooperative. Among the leadersconsulted were the prime minister, leader of the oppo-sition and minister of social development. Interviewsalso were held with the director of the Salvation Armyand representatives of various churches, On-site visitsto "shanty towns" throughout the nation also were un-dertaken. The Commission expressed satisfaction thatthe Bahamas were providing for the fleeing Haitians avariety of social services including education, whichwas on par with that available to Bahamian children.It concluded that the small nation "was absorbing aproportionately larger share of the Haitian diaspora thanany other state in the hemisphere, a fact that weighedheavily on its budget and on its infrastmcture," As aconsequence of this drain on the country, the Commis-sion solicited support from the intemational communityto assist the Bahamas (OAS, 1994),

The U,S, State Department, in observing the Baha-mian response to the infiux of Haitians, concluded thatthe existence of an estimated 35,000 Haitian migrantsin the Bahamas was a very "sensitive social, economicand political issue," It gave high grades, to the smallnation for respecting the rights granted to migrants inits constitution. The State Department noted that fol-lowing the retum of President Aristide to power theBahamas once again established relations with Haitiand negotiated an agreement providing for the retum of800 Haitians living in the Bahamas illegally per monthover a one year period. Free transportation and limitedfinancial incentives were offered by the Bahamas inorder to encourage Haitians to leave voluntarily, butfew accepted the offer USDS, 1996),

Again, during the spring of 2000, the Bahamianpolicy toward Haitian boat people, became an issue ofintemational interest. The deportation of Haitians whowere shipwrecked without asylum hearing became aconcem of Amnesty Intemationala London-based hu-man rights organization. On May 2,2000, it expressedconcem regarding the treatment of Haitian migrants inthe Bahamas, It maintained that these asylum seekersshould not be retumed to their home country until anindependent body has fully examined their individual

asylum claims. Amnesty perceived Haitians as "fleeinga very volatile situation, where they may potentially beexposed to persecution," It insisted that authorities ofthe Bahamas assume responsibility for making sure thatthis is not the case and to offer protection to Haitiansin need of it (Al),

Amnesty viewed the "imminent forcible retum ofasylum-seekers" as being motivated by practical con-sideration related to the large number of Haitians in thecountry, but it did not consider that to be a justificationfor evasion of responsibilities by the govemment of theBahamas, Amnesty insisted that the "planned forcibleretum of Haitian asylum-seekers" violated obligationwhich the Bahamas accepted as a state party to the 1951UN Convention relating to the Status of Refugees andits 1967 Protocol, It accused the govemment of theBahamas of failing to ensure persons arriving in thecountry in search of asylum "effective access to a fulland fair procedure to determine whether they would beat risk of human rights violations if returned to theircountry of origin,(AI)"

Amnesty also urged Bahamian authorities to ad-here to intemational standards by ceasing immediatelytheir practice of detaining Haitians seeking asylum,preventing them from having access to interpreters,and acquiring legal assistance from the UNHCR andnon-govemmental organizations offering such services.It noted that "asylum-seekers in the Bahamas are be-ing held with common criminals, in conditions whichare inhumane, unsanitary and overcrowded" which itviewed as "cmel, inhuman and degrading treatment,"The Bahamas Government also was urged to abideby intemational standards relative to the detention ofrefugees under the age of eighteen. Amnesty suggestedthat the Bahamas Govemment take steps to establishprocedures to determine asylum claims in keeping withrelevant intemational standards, including the estab-lishment of "an independent and specialized decision-making body, with provisions for an effective appealagainst any decision to refuse asylum," The Bahamaswas requested to allow asylum-seekers to remain in thecountry until the appeal procedure was completed (Al),Specifically, Amnesty referred to 222 Haitian nation-als who were detained in Fox Hill prison on April 28,2000 and 123 who later were placed in the custody ofthe Royal Bahamas Defence Force in Matthew Town,Amnesty reported that Haitians who were apprehendedwere not told of their right to apply for asylum norpermitted to consult with legal counsel nor acquire theaid of interpreters. Neither were they informed of theirright of access to the UNHCR (Al),


Criticisms of the Bahamas have not been as harshas those directed at the United States and DotninicanRepublic, Many international critics appear to takeinto consideration the small size of the Bahamas andthe large infiux of Haitians, Generally, the Bahamashas been applauded for its efforts, and other nationshave shown a willingness to lend aid to the country inresolving the problem.

Assessment

Abuse of Haitians in the diaspora has long existedand it appears that it will continue to be a major problemfor the intemational cotnmunity for years to come. Ad-vocates of human rights perceive a bias against Haitiansbased upon their race and cultural background whichmake them unwelcome in the three countries included inthis study. In spite of attempts to eliminate racial preju-dice in the United States, discrimination based on raceis a standard feature of American life, Haitian refugeeswere never extended the same welcome given refu-gees with similar complaints, and the blame has beenattributed largely to their skin color. Several studiesalso revealed that black Haitians also face similar raceproblems in the Dominican Republic, In the Bahamas,which is predominately black, the problem is perceivedas being more of culture heritage than race. The smallpopulation of the Bahamas can easily be overwhelmedby an influx of Haitian with a different heritage. Thisstudy found that the greater the influx of Haitians ineither of the countries during a given period the harsherare the measures used against them.

Advocates of human rights have sought to alleviatethe plight of Haitians by bringing pressure to bear onthe host nation, Intemational embarrassment has beenone of the weapons which they have used to persuadeoffending nations to adhere to their human rightsobligations. The most common response by the threenations was to seek to limit the flow of Haitians intotheir countries through bilateral treaties. While theseagreements might have been satisfactory to the consent-ing nations, they did not give consideration to the needsof those who felt compelled to leave their homeland,Intemational human rights organizations have criticizedthese treaties, noting that they violate the rights of the .fieeing Haitians and, for the most part, organs of theUnited Nations and OAS have agreed.

When human rights advocates failed in their ef-forts to influence the accused nations, they appealedto "third nations" which were in positions to influence

the offending nation. Illustrative of this were continuedefforts of human rights organizations to persuade theUnited States to use its infiuence to alleviate the abuseof Haitian migrant workers in the Dominican Republic,The assumption was that the United States, as its majortrading partner, could use trading preference and foreignassistance as major weapons to secure Dominican ad-herence to intemational law. The United States has beencriticized for not using options available to it to relievethe Haitians' plight both at home and abroad.

Failing to achieve its goal by appealing directlyto the host nations and those nations which have influ-ence upon them, human rights advocates have tumedto organs of the Organization of American States andthe United Nations, Chapter VIII of the United NationsCharter encourages the solution of problems within re-gions when possible. With that in mind, it has been theInter American Commission on Human Rights of theOAS which has heard most of the complaints concem-ing abuse of Haitians in the Bahamas, Dominican Re-public and the United States, Its involvement has beenalmost continuously in the Dominican Republic andperiodically in the Bahamas and the United States,

The United Nations High Commission for Refu-gees also has been involved in a search for a solutionto the problem. Records indicate that it has investigatedabuses in all three countries and has attempted to workwith the host countries in finding solutions. Also con-cemed because of the subject matter is the IntemationalLabor Organization which has been involved in effortsto alleviate the plight of Haitians in the Dominican Re-public, most of whom are abused tnigrant laborers ratherthan political refugees. These and other internationalorganizations have fallen short in efforts to alleviatethe plight of the Haitians

While intemational organizations associated withthe Organization of American States and the UnitedNations have been helpful in their efforts to relieveHaitians of their plight, more credit should be givento non-govemmental organizations, in particular theintemational human rights organizations. Efforts by theintemational organization often resulted from initiativesof the human rights organizations. While nation stateshave been hesitant in bringing charges against othernations states, intemational human rights organiza-tions have been more daringpresenting most of thepetitions to the IACHR and UNHCR, As in the past,suffering Haitians in the diaspora will have to continueto look to the intemational human rights organizationsfor relief.


References

Abbreviations

Al Amnesty IntemationalAW Americas Watch et, al,HMIA Haiti: Migrants Interdiction AgreementIIRLG Intemational Human Rights Law GroupILO International Lahour OrganizationNCHR National Coalition for Haitian RefugeesOAS Organization of American StatesUSCR U,S, Commission on Civil RightsUSDS United States Department of StateUNESCO United Nations, Economic and Social CouncilWCC World Council of Churches

Amnesty Intemational (2000), "Bahamas: No Safe Haven From Persecution," News Service 080/00 Al Index: AMR 14/04/00,2 May,

Americas Watch et, al, (1991), "Half Measures: Reform, Forced Labor and the Dominican Sugar Industry," New York,March,

(1990), "Harvesting Oppression: Forced Haitian Labor in the Dominican Sugar Industry," New York, JuneCarreno, Edmundo Vargas (1980), Cablegram to Cyrus Varee, Secretary of State (U,S,A), April 7,Crasweller, Robert D,, (1966), Trujillo The Life and Times of A Caribbean Dictator, New York: The Macmillan Company,Crossette, Barbara (1992), "U,N, Official Rebukes U,S, on Haitians" New York Times May 28,Greenhouse, Steven (1994), "U,S, is Besieged by Appeals to Allow More Haitians In," New York Times May 11, A5,Haiti: Migrants Interdiction Agreement" (1988), Signed September 23, 1981, United States Treaties and Other International

Agreements V, 33, Part 4,1979-1981, Washington, DC: U,S, Govemment Printing Office, 3559-3561,Intemational Human Rights Law Group-U,S, (1979), "Complaint Alleging a Violation of Human Rights in the United States

of America," Submitted to the Inter-American Commission on Human Rights, Washington, DC, June 22,Intemational Labour Organization, Report of the Commission of Inquiry (to examine the observance of certain labour conventions

by the Dominican Republic and Haiti with respect to the employment of Haitian workers on the sugar plantation ofthe Dominican Republic), Geneva, Switzerland, 1983,, pp, 135-136,

La Voz, December 1980,Miami Herald, Nov, 12, 1983, "Morality and Cayo Lobos"Marshall, Dawn L, The Haitian Problem Mona Kingston Jamaicajnstxite of Social and Economic Research, University of

the West Indies, 1979, P, 121-122,National Coalition for Haitian Refugees, Feb, 12, 1997, "OAS Vindicates NCHR Claims on Refugee Policy,"

, November 1999, "Haitian Rights Group Argues for Regional Approach in Response to New Round of DominicanExpulsions of Haitian Immigrant," Haiti Insight Online,

Organization of American States, Annual Report_Sist Session, OEA/Ser, L/ 11,81 rev, I, Doc, 6, 14 February 1992,pp,258-259,, Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Haiti.jOEA/Scr.L/VH,85, Doc, 9 Rev,, February 11,1994,, Inter-American Commission on Human Rights, "Visit of Observation on the Haitian Refugee Situation in theBahamas" in Report on the Situation of Human Rights in Haiti MRE/RES, 6/94, Washington, DC, 1994,, Inter-American Commission of Human Rights, Report on the Situation of Human Rights in the Dominican RepublicOEA/ Ser L/V/II, Doc, 49, Rev, 7,7 October 1999, para, 319-320,

U,S, Commission on Civil Rights, The Tarnished Golden Door.Washington, DC: U, S, Govemment Printing office, 1980,United States Department of State, Memorandum in Response to the Complaint Alleging a Violation of Human Rights in the

United States of America Washington, DC, Feb, 1, 1980, p, 4,, "Bahamas Human Rights Practices," in Country Report on Human Rights for 1981 Washington: U, S, GovemmentPrinting Office, 1982,, "Bahamas Human Rights Practices," in Country Report on Human Rights for 1995, Washington: V.S. GovemmentPrinting Office, 1996,


United Nations, Economic and Social Council, Commission on Human Rights, (1992) "Advisory Service in the Field ofHuman Rights," an Addendum to the Report on the Human Rights Situation in Haiti," prepared by Marco TulioBruni Ceffi,, Commission on Human Rights (1992) "Advisory Services in the Field of Human Rights, Report on the HumanRights Situation in Haiti," prepared by Marco Tub Bnmi Cef, Independent Expert, in accordance with Commissionon Human Rights Resolution 199 1/77, Doc, E/CN,4/1992/50, 31 January 1992,, p, 42,

World Council of Churches, 1980, Sold Like Cattle Haitian Workers in the Dominican Republic, Geneva Switzerland,


Documents

International concern for Haitians in the Diaspora.pdf