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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).
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35
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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
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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
38 The Western Journal of Black Studies, Vol. 30, No. 1,
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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:
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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.
40 The Western Journal of Black Studies, Vol. 30, No. 1,
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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
The Western Journal of Black Studies, Vol. 30, No. 1, 2006
41
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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),
42 The Western Journal of Black Studies, Vol. 30, No. 1,
2006
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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.
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43
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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,
44 The Western Journal of Black Studies, Vol. 30, No. 1,
2006
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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,
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45