Dear Editor,
We note the letter in SN of Monday June 5, 2023, written by Hon. Oneidge Walrond, MP in her capacity as Head of Delegation, UN Permanent Forum on People of African Descent, in which she states, “I take this opportunity to remind the public that the decision to reinstate the visa requirement was made as a result of substantial evidence that Haitian nationals were being trafficked through Guyana by organized gangs.” We are not sure if the honourable MP is aware of the difference between people smuggling and human trafficking, one being a violation and offence against the person (human trafficking) the other an offence against the State (human smuggling). But if the honourable minister or the Government has legally credible evidence of Haitian nationals being trafficked, we ask that this be shared immediately with the Guyanese public, Haitians living in Guyana, their families and Haitian support organizations working in Guyana.
For those who may not know Trafficking in Persons is a crime against the “person” which means survivors of trafficking are not to be charged or detained under any conditions as they are victims/survivors of a crime, not offenders. We also note Minister of Parliamentary Affairs and Governance Gail Teixeira’s statement that developed nations need to do more at the UNCHR-Guyana event to commemorate World Refugee Day (SN June 24, 2023). There are many incidents, well documented about the discrimination suffered and experienced by Haitian nationals in Guyana. In 2017 several Haitian nationals who entered Guyana legally were subsequently arrested and detained at the Night Shelter under deplorable conditions. Their passports and cell phones were seized, and eight (8) Haitian children were removed from the custody and care of their Haitian parents, guardians and relatives and housed separately with no access to their Haitian relatives.
On June 13, a resolution addressed to then-President Granger called for the immediate release of the Haitians and their children. Through successful advocacy by Red Thread and the Haiti Support Group, the Haitian women were moved to more suitable accommodation and reunited with their children. Even though suspicions of human trafficking were being bandied about there was no evidence to substantiate this and the majority left Guyana without any charges being laid. In November of 2020 another group of 26 Haitians including seven (7) children who also arrived legally were also arrested hours later, detained, and held for weeks at the Hugo Chavez Centre. At the time of their arrest, no warrant was presented to search the hotel where the Haitians were lodged and although there were other foreign nationalities, including Cubans and Venezuelans, staying at the hotel only Haitians were singled out, arrested and their belongings seized.
The first pretext for the arrest and detention was the suspected possession of ammunition and drugs by the hotel owner and agent who facilitated the arrival and accommodation of the 26 Haitians. This later changed to one of suspicion of human trafficking. In December 2020 the Chief Justice granted a conservatory order staying the deportation of the 26 Haitian Nationals. Before delivering her ruling, the Chief Justice asked for clarification on a number of issues these included – at which point were the Haitians no longer considered victims of trafficking and at what point were they determined to be prohibited immigrants; answers to these questions were never forthcoming. The Chief Justice in her ruling in January 2021 quashed the deportation order issued against the 26 Haitians and ruled their arrest and detention was a breach of natural justice, that in accordance with Sections 16 and 28 of the Immigration Act the Haitians should have been taken to Court so that they could be heard and as a consequence Article 139 of the Consti-tution, which provides for the protection of the right to liberty and Article 148 for the protection of freedom of movement were also both breached. (SN Jan 28, 2021).
Before the Chief Justice’s final ruling, on December 9 at 10.30 pm, the 26 Haitians including children were told to gather up their belongings and board 2 buses. They were dumped in front of one of the hotels from which they had been arrested. The Haitians said they were not trafficked, nor had they broken any of Guyana’s laws but felt humiliated by the treatment they received from Guyanese authorities. On June 14, 2021, ten (10) Haitians were arrested from a hotel in region 6 and taken to Hugo Chavez Centre where six (6) remained detained until July 22. Among the 6 remaining Haitians was a 7-month pregnant woman who had to be admitted to hospital due to infection and anaemia and who suffered from a fall due to her condition. During this period the detained Haitians complained to members of the Haiti Support Group about the lack of information on their immigration status, reasons for detention, lack of access to legal representation, counselling, potable water, adequate food, and the effects all this was having on their physical and psychological wellbeing. A lack of access to unfamiliar food was also taking a toll on them resulting in a marked loss of weight among many of those detained.
This matter was also taken up by 4 NTIP Guyanese NGOs, a network established to build awareness of human trafficking and provide protection and assistance for victims/ survivors. In their letter to the press, they noted that State authorities suspected this group were victims/survivors of human trafficking and as such called upon the authorities – “to ensure that the human rights of the 10 Haitians are observed fully and if collectively or individually they are indeed proven to be victims of the crime of human trafficking then they be afforded all the necessary national and legal protection as set out in Guyana Laws on TIP and that standard operating procedures such as immediate and ongoing psycho-social assistance, that their dignity and safety be observed throughout the investigation process, that they be informed in a language they understand of the process and steps being taken for their safety and security and all efforts must be made to prevent them being further victimized or re-victimized.” Clearly the conditions under which these 6 Haitian were detained at the Hugo Chavez Centre were not in keeping with these internationally binding norms of human trafficking well known to State authorities in Guyana.
Interestingly, when visits were made to the Centre due to concerns about their living conditions, their legal status, and possible legal representation, the 6 Haitians were facilitated to leave Guyana. On March 17, 2021, two (2) Haitian Nationals, Junette Jean and Wilbert Fremont, were arrested, charged with illegal entry, sentenced to 12 months imprisonment, fined $GY 30,000, and on serving out their sentence were to be deported back to Haiti. Five (5) Cuban nationals also arrested and charged on the same day in the same jurisdiction were fined $15,000 and released on payment of their fine, underscoring the unfair and discriminatory treatment that Haitians in Guyana are often subjected to. The sentence by the magistrate court was appealed and 5 months after their imprisonment, the Full Court of Appeal ruled to set aside the sentence issued by the lower Court. The Court however indicated that they lacked jurisdiction on the issue of the deportation order and suggested that the lawyer and other human rights persons should make representation on behalf of the 2 Haitians on this matter. A short while later the Haitians were granted temporary asylum status by the UNHCR.
In a letter sent to the CARICOM Heads of Government in 2020 reference was made to the revised treaty of Chaguaramas (RTC) which states that the six (6) months stay is ‘subject to the rights of Member States’ but it is unfair to discriminate against an entire nation of people based on a perceived threat of human trafficking. In the Global Organized Index on Human Trafficking – Venezuela is on the higher end of the scale at 7.50, Haiti is ranked at 6.50 yet we do not see or hear of reports of large numbers of Venezuelans being arrested and detained for human trafficking on entry into Guyana. Guyana’s rating is also high at 5.50. Trinidad & Tobago is the only other CARICOM country with a higher index than Guyana. We would like to remind the honourable ministers that Haiti signed onto the CSME, and according to CARICOM’s Legal Counsel, Haitians are entitled to an automatic 6 months stay as are all other CARICOM nationals. The claim made by Minister Walrond and sections of the state that large numbers of Haitians are being trafficked to Guyana by organized gangs as the reason why Guyana now requires that Haitians apply for a visa as a condition of entry is being made even though there is no evidence of this.
In fact, were the trafficking claim true, the Guyana government would be in breach of our own Trafficking in Persons law, having failed to treat Haitians with any care or consideration for their well-being. As we continue to see an acutely worsening humanitarian and security situation unfolding in Haiti, we recommend that a similar Guidance Note on Outflow of Haitians be put into effect similar to the UNHCR’s 2018 and 2019 Guidance Note on the Outflow of Venezuelans which says that “in all circumstances the following minimum standards need to be guaranteed:
a. Legality: UNHCR calls on States to ensure that persons benefiting from such arrangements are issued with an official document recognized by all government authorities.
b. Accessibility: The relevant arrangements would need to be accessible to all Venezuelans, irrespective of their date of entry into the host country. This would mean that there should be no or minimal costs associated with applying for such an arrangement, and that applications would be accepted in various locations across the territory to ensure that transportation costs are not prohibitive. Further, neither irregular entry/presence nor the lack of identity documents would be viewed as a valid reason for denying access to such an arrangement.
c. Access to basic rights: Protection-based arrangements would importantly guarantee access to basic services and fundamental rights in line with UNHCR’s Guidelines on Temporary Protection or Stay Arrangements.10 These rights include: 1) access to health care; to education; family unity; freedom of movement; access to shelter, and the right to work. These rights would be guaranteed on an equal and non-discriminatory basis.
We also call for a similar Interagency Coordination Platform for Refugees and Migrants R4V made up over 200 organizations coordinating efforts for Venezuela’s Refugee and Migrant response Plan (RMRP) to be implemented for Haitian refugees and migrants and that Guyana immediately make all efforts to uphold the civil and human rights of Haitians in Guyana.
Sincerely,
Haiti Support Group
Karen de Souza
Danuta Radzik
Vanda Radzik
Red Thread
Joy Marcus
Wintress White
Halima Khan
Susan Collymore
Vanessa Ross
