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JFJ calls on Gov’t to respect ‘due process’ in dealing with Haitian refugees
File photo of Haitians who had been rounded up by the police after landing in Portland.
article
October 18, 2023

JFJ calls on Gov’t to respect ‘due process’ in dealing with Haitian refugees

KINGSTON, Jamaica – Jamaicans for Justice (JFJ) has joined Freedom Imaginaries in calling on the Jamaican government to respect international law on migration and refugees.

In recent months, the Jamaican government has returned a number of Haitian refugees to Haiti without what JFJ referred to as “due process.”

READ: 36 Haitians who landed in Jamaica on boat returned home

“ This is a violation of international law, which prohibits the return of refugees to countries where they face persecution or other serious harm. JFJ emphasises that the UN Convention must guide policy. Furthermore, JFJ reminds the Jamaican government of its responsibility under the Treaty of Chaguaramas and international conventions to which Jamaica is a signatory. Jamaica ratified the 1951 Refugee Convention in July 1964 and the 1967 Protocol in October 1980,” the JFJ said in a statement on Wednesday.

“Jamaica was also the first Caribbean Community Member State to ratify the 1961 Convention on the Reduction of Statelessness in February 2013. These conventions require Jamaica to provide asylum to refugees and to treat them with dignity and respect,” it added.

The organisation also cautions the government against using what it calls ‘stigmatising language’ against Haitians, even unintentionally, where innocent men, women and children may be perceived as smugglers or criminals.

READ: WATCH: More Haitian refugees land in Jamaica

“JFJ recognises that those with criminal records may pose a risk to national security.

However, it is important to balance national security concerns with the protection and respect of the human rights of migrants and refugees. We urge the government to conduct individual assessments in accordance with due process, rather than relying on broad generalisations,” the JFJ said.

In calling on the government to respect their international obligations, JFJ noted that it is important that policies and practices are established or adhered to so that all individuals are treated fairly and with dignity.

“Jamaica is well aware of the volatile circumstances that exist in Haiti and has acknowledged those circumstances on the international stage. As Haiti’s second closest neighbour, Jamaica is more likely to feel the impact of the country’s unrest and must respond to our neighbour’s human suffering as is our obligation,” the statement said.

“Should any more Haitians arrive seeking refuge, the government of Jamaica must allow individuals to speak to an attorney and receive due process. This includes clear articulation on processes that allow for fair and expeditious procedures for status determination, including appeals, and guaranteeing the rights of all recognised refugees in Jamaica,” the JFJ further went on to say.

The JFJ said the government must also facilitate access to asylum procedures for individuals who have expressed a fear of returning to their country of origin and ensure non-refoulement of all individuals in need of international protection.

“Anything less is demonstrative contempt for human rights and due process,” the JFJ stated.

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