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-seekers and refugees in the United
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helping thousands to obtain asylum
in the United States.Latest Issues
#68
August, 2008
Asylum Denied More Often by Politically Vetted Judges; DOJ Failure to Increase Number of Judges
#67
July, 2008
HRF and Others File Amicus Brief in Supreme Court Case
#66
June, 2008
Congressional Committee Hears Testimony on Medical Care in Immigrant Detention
#65
May, 2008
Medical Care Deficient in U.S. Detention
#64
April, 2008
Book Details Struggles in U.S. Asylum System
During the last weekend of February 2004, President Jean Bertrand Aristide left Haiti, and U.S. Marines reportedly arrived.
In response to the UN Security Council vote in favor of sending a multinational interim force in to Haiti, French forces began to arrive in Haiti today and Canada and Brazil are expected to be sending forces as well.
Last week, President Bush said that the U.S. would "turn back any refugee that attempts to reach our shore" from Haiti. Although U.S. officials subsequently clarified that the U.S. would not return anyone with credible concerns about persecution, the current practice for identifying people who have such a fear is completely inadequate.
The U.S. Coast Guard confirmed that in the last week 881 Haitians have been intercepted and returned to Haiti, including a group of 336 Haitians returned to Port-au-Prince on Saturday. The U.S. has continued returning those who flee Haiti by boat to Haiti despite the escalating violence and uncertainty about safety and security.
In addition, given the deficiencies in US interdiction practices (discussed below), the U.S. may very well be returning refugees to the hands of their persecutors.
U.S. practices for interdicting refugees who flee by sea have been widely criticized by Haitian community-based groups and national advocacy organizations as well as by church groups, human rights organizations and refugee advocates.
US Practices For Turning Back Haitians Endanger Lives
Under the 1951 Refugee Convention and its 1967 Protocol, the U.S. is
prohibited from returning refugees to countries where they will face persecution.
Yet, despite this obligation, U.S. practices for turning back those who
flee by sea are woefully deficient and fail to ensure that refugees are
not returned to the hands of their persecutors. Under U.S. procedures,
migrants who are interdicted on boats are not brought to the U.S. for
asylum processing, are not given access to lawyers and are not required
to be individually screened to make sure that they are not refugees who
are in danger of persecution if returned.
While Cuban migrants are read a statement in Spanish notifying them that
they may come forward and speak with a U.S. representative if they have
any concerns, this statement is deficient and encourages refugees to return
to Cuba to pursue in-country refugee processing. Haitian and other migrants
are not provided with any indication, written or oral, that they can express
their fears about being returned. Even if a Haitian asylum seeker should
voice a fear of persecution, the U.S. government does not require that
translators be present on every interdicted boat so their fears may never
be heard. To read background information on the U.S.'s discriminatory
treatment of Haitian asylum seekers, click here: http://www.humanrightsfirst.org/asylum/asylum_04.htm
U.S. interdiction practices have been widely criticized as inadequate
to ensure that refugees are not returned to persecution in violation of
international law. Human Rights First has conducted an extensive examination
of U.S. interdiction practices, with the pro bono assistance of the Yale
University Lowenstein Human Rights Clinic. The results of that examination
will be issued later this year.
Recommendations and Action: Urge U.S. to Change Interdiction
Practices
Human Rights First urges the U.S. to change its policy of interdiction
and forced return of Haitians. No one fleeing Haiti should be returned
there while the situation is so dangerous that their safety cannot be
assured. The U.S. should not, under any circumstances, return people to
Haiti without first making sure that none on board are refugees who are
fleeing from persecution.
Those who are interdicted should be informed of their right to seek asylum
and should be individually and privately interviewed, with appropriate
translation, to ensure that they are not refugees who are in danger of
persecution if returned. Each person should be advised that he or she
can request asylum from the United States if they have a fear of return
to their home country. Interdicted Haitians should be brought to safety
- outside of Haiti - if not in the U.S., then in a safe third country
or other place where their safety and humane treatment can be ensured.
