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Abstract
Because of economic and political conditions in Haiti during the last quarter of the Twentieth Century, many Haitians sought
refuge or work in nearby countries. While some entered these countries legally, most entered or sought to enter by non-traditional
means. Both the danger they risked in attempting to reach a "better land", and their receptions upon arrival have been the
concern of the international community. This paper is an assessment of the international response to Haitians in the United
States, Dominican Republic and Bahamas Islands, who have been the victims, or alleged victims of discrimination because
of race or nationality.
Jake C. Miller received his B. S. Degree from Bethune-Cookman College, M. A. from the University of
Illinois, and Ph.D. from the University of North Carolina at Chapel Hill. He taught political science
at 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 ofAmerica), Plight of Haitian Refugees
Praeger and Prophets of a Just Society (Nova Science Press).
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intemational agreements," including the Protocol Relating to the Status of Refugees (IHRLG, 2), Specifically,
the United States was accused of:
Depriving Haitian nationals seeking asylum in
the U,S, of their rights to equal protection and
to life and liberty,
Depriving Haitian refugees of their rights to due
process,
Discriminating against Haitian nationals on the
hasis of their country of origin,
Denying Haitian effective access to the U,S, courts
due to harassment and other actions which
interfere with legal representation,
Returning Haitian refugees to Haiti where their
lives or freedom are threatened on the basis of
political opinion (IHRLG, 9),
Although the IACHR normally does not accept cases
until domestic remedies have been exhausted, the
petitioner suggested that a waiver of this requirement
be made, inasmuch as "once domestic remedies have
been exhausted, the Haitian refugee seeking political
asylum in the U,S, is subject to immediate deportation
and is placed in imminent peril of violations to his
personal security and safety upon refoulement to Haiti
(IHRLG, 11),
Although the State Department questioned the right
of the IACHR to consider the issue, it agreed to allow
the Commission to undertake an on-site investigation
of the situation, if it decided that such was needed.
The United States assured the IACHR that if such an
investigation was made, it would do everything possible
to facilitate the effort (USDS, 4),
In a memorandum to the IACHR, the Intemational
Human Rights Law Group suggested that in case the
original petition was declared inadmissible because of
nonexhaustion of domestic remedies, the Commission
should conduct a study and issue a report on the situation
of Haitian refugees in the United States, In pursuing this
study it was advised to observefirsthand the procedures
used by the Immigration and Naturalization Services in
screening the refugees. The IACHR was also asked to
recommend that the United States file a report on ways
in which it was seeking to protect Haitians' human
rights (IHRLG, 2),
In April 1980, the IACHR received testimony
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as asylees under the Declaration,, Referring to obligations in documents cited above, as well as principles
and mies on intemational humanitarian law, the IACHR
called upon governments of the Hemisphere:
To take the emergency measures necessary to
prevent the dangers and suffering experienced by
those Haitians who, although forced to fiee their
country because of their repression and persecution
by agents of those exercising authority in Haiti,
have been or are being repatriated (OAS).
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violated provisions of the American Convention on Human Rights, It reported that through the enforcement of
the decree, authorities had "unleashed an indiscriminate
persecution against Haitians and their descendants" in
order to remove them from the country. Included among
those were Haitians who were bom in the Dominican
Republic and had the constitutional right of nationality.
The Commission conceded that even though the Dotninicans enjoy the privilege of sovereignty and are free
from foreign political interference, they are limited by
modem intemational law which protects human rights.
The Commission noted that in regard to these individual
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References
Abbreviations
Al
AW
HMIA
IIRLG
ILO
NCHR
OAS
USCR
USDS
UNESCO
WCC
Amnesty Intemational
Americas Watch et, al,
Haiti: Migrants Interdiction Agreement
Intemational Human Rights Law Group
International Lahour Organization
National Coalition for Haitian Refugees
Organization of American States
U,S, Commission on Civil Rights
United States Department of State
United Nations, Economic and Social Council
World Council of Churches
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44
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