JAMAICA | Human Rights Group Concerned about Jamaica's treatment of Haitian Refugees

KINGSTON, Jamaica, August 11, 2023 - Human rights group Freedom Imaginaries is seeking clarity from the Ministries of Foreign Affairs and National Security regarding  the methodology being used to determine the  refugee status and complementary protection of the 37 Haitians now seeking asylum in Jamaica.

In its  letter dated August 10, the Freedom Imaginaires requested a meeting with one or both ministries in light of recent developments in the asylum procedure and to request immediate access to information needed to prepare the cases of the applicants.

The founder of Freedom Imaginaries, Malene Alleyn, disagrees with the government's position that the Haitians are being treated fairly and in keeping with the fundamental rights outlined in Jamaica's Charter of Fundamental Rights and Freedoms.

"We're also asking for access to information such as the written statements that the applicants would have produced during the interview process and the actual application forms that were completed by immigration officers, because this information, of course, would be critical to the preparation of the applicants' case in the asylum determination process," Ms Alleyn said. 

She explained that the initial screening phase of the asylum procedure - where the applicants are interviewed and immigration officials prepare their application forms for presentation to the committee that will consider the application - is complete. 

"The next phase is for the committee to receive the applications and consider the case, which means that the applicants are now closer to a decision that could have significant impacts on their lives.

The human rights group, in a letter dated August 4, urged the government to pause the process until the group can meet to establish minimum procedural guarantees necessary to ensure the principle of non-refoulement and to protect the constitutional and international law rights of the applicants in the process. 

Freedom Imaginaries said it disagrees with the government's position that the Haitians are being treated fairly and in keeping with the fundamental rights outlined in Jamaica's Charter of Fundamental Rights and Freedoms.

They pointed out that immigration officers completed the screening interview phase of the asylum procedure without remedying the concerns set out in its August 4 letter.

The group said it remains deeply concerned that arrangements were not made for child applicants to be interviewed, as this undermines their right to be heard and to have their best interests taken into account as a primary consideration in the decision-making process.

It said despite its requests, immigration officers concluded the interview process without establishing a trauma-sensitive, gender and differentiated approach that would have allowed applicants to tell their story as completely as possible.

In addition, the human rights group said the applicants and their legal representatives are still being excluded from access to basic information, including the written statements of the applicants and application forms completed by immigration officers.

And so at this critical juncture, it's absolutely important that we establish these minimum procedural guarantees before we move any further," she insisted. 

The human rights group, in a letter dated August 4, urged the government to pause the process until the group can meet to establish minimum procedural guarantees necessary to ensure the principle of non-refoulement and to protect the constitutional and international law rights of the applicants in the process.