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Latin America: Haitian migrants threatened by repatriation across the continent
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Life for forcibly displaced Haitian migrants is becoming increasingly precarious as government throughout the Americas tighten border and immigration policies, Tabatinga, Brazil (Pastoral de Movilidad Humana)
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| More than two and a half years after the tragedy, almost all governments have lifted the moratorium and announced the resumption or intensification of the repatriation of undocumented Haitians in their respective territories. |
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Bogotà, 27 September 2012 – Decisions by a number of governments on the American continent to resume or intensify the deportation of forced Haitian migrants risks making them even more vulnerable than they currently are. After the earthquake on 12 January 2010, various Latin American announced the suspension of deportations of Haitians on humanitarian grounds. Some governments respected this moratorium; while others violated it. More than two and a half years after the tragedy, almost all governments have lifted the moratorium and announced the resumption or intensification of the repatriation of undocumented Haitians in their respective territories.
Resumption of deportations, Turks and Caicos Islands. Last September, the British authorities of the Turks and Caicos Islands announced on the resumption of deportations of undocumented Haitians who arrived on the island before the 2010 earthquake.
"The lifting of the suspension of deportations (to Haiti) is a decision of the Ministry of Border Control and Labor in order to apply the law in a firm, fair and effective manner", declared the permanent secretary of this ministerial body of the British Islands, Ms Clara Gardiner, to various media outlets.
"Through the consolidation of our intelligence capacity and the signing of a joint protocol with the police, we're identifying all the threats and individuals seeking to breach the integrity of our borders, such as the boat-people, the coyotes (people smugglers) and other smugglers; we're looking for migrants involved in criminal activities or those who are harmful to our community", she affirmed.
Resumption of deportations, French West Indies. In a press statement in early September, a number of migrant rights organisations on the French mainland and overseas reported the resumption of deportations of Haitian from the West Indies; measures which, theoretically, had been suspended since the 2010-earthquake. These organisations, which included Collectif Haïti de France (CHF)and Comité Inter Mouvements auprès des Évacués (CIMADE), harshly criticised the decision of the island-authorities of Guadalupe to expel a Haitian father of French national.
The Haitian migrant was questioned "by the French border police while he was at work in Guadalupe … Later he was detained … and … taken to the Morne Vergain administrative detention centre (Guadalupe) to be deported to Haiti", the human rights organisations explained
"When the [Christian migrant rights] organisation CIMADE asked the French Interior Minister about this grave situation, (the resumption of deportations of Haitians), he didn't dignify us with a response", they continued.
Haitians in limbo in Brazil. Currently, 210 Haitians are stranded in the town of Brasileia, close to the border with Peru and Bolivia, awaiting a decision on their immigration status by the Brazil government. The local Brazilian authorities began providing humanitarian assistance to the migrants, who arrived in a critical condition (dehydrated and hungry) after walking several days in the Amazonian jungle in Bolivia.
The 210 migrants set out from the Peruvian town of Iñapari, bordering Bolivia and Brazil, where they had lived for months without any assistance from the authorities and unable to cross into a Brazil determined to keep its borders closed.
As time passed the local authorities of Brasileia become increasingly unwilling to provide humanitarian assistance due to lack of funding. According to the local authorities, they informed the central government of the presence of the migrants. The Brazilian government has yet to decide whether or not to regularise their legal status or to expel them. Moreover, it is not known if they will be sent back home or push back into Peru.
"Government policy is to fight organised crime which uses migrants to its advantage", said the minister for foreign affairs in Brazil, Antonio Patriota, who stressed it was unlikely the government would grant more Haitians residency for humanitarian reasons.
Ecuador, undocumented Haitians also threatened with deportation. In July, a Haitian was arrested by the immigration police on the streets of the Ecuadorian capital, Quito, after a routine check brought to light his irregular status in the country. The court gave the migrant 90 days to regularise his legal status, after which he was issued with a deportation order. A ruling on the case by the constitutional court is expected shortly.
The outcome of the case will significantly influence the future of Haitian migrants in Ecuador, as it may represent a legal precedent. Meanwhile, many human rights organisations and migrants have called on the government not to deport all undocumented Haitians in Ecuador.
The Dominican Republic? "Under the new administration of President Danilo Medina, the migration authorities have continued deporting Haitian migrants, using the same illegal procedures adopted in the past", underlined a statement issued this September by the Jesuit Migrant Service in the southwest border city of Jimaní.
These irregular procedures consist in the violation of international migrant rights agreement to which the Dominican Republic is a party, as well as its failure to respect the 1999 protocol of understanding regarding repatriation mechanisms between the Dominican Republic and Haiti.
The big fear is that the new Dominican administration will continue the same migration policies, characterised by the deportation of Haitians without respect for due process, the withdrawal of Dominican nationality of Dominicans of Haitian origin, and the violation of international and regional human rights instruments.
Wooldy Edson Louidor, Regional Coordinator for Haiti, JRS Latin America and Caribbean
Great Lakes: JRS appoints new regional director
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Fr Isaac in a recent meeting with the JR International Director, Peter Balleis, Rome, Italy (JRS)
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| Despite feelings of insecurity, scarcity and vulnerability in the camp, he also remembers an appreciation for the gift of a supporting family, reliance on God's providence and living in a certain sense that one day all will be well. |
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Bujumbura, 2 October 2012 – This upcoming November, Isaac Kyiaka SJ will become the fourth director of the Great Lakes region for the Jesuit Refugee Service, succeeding Tony Calleja SJ who steps down after six years marked by rapid change and expansion. Fr Kyiaka, former JRS Uganda director for two years, brings a wealth of academic, practical and personal experience to the new position.
During his tenure as director, Fr Calleja opened and closed successful projects throughout the three-country JRS region: Burundi, Rwanda and the Democratic Republic of Congo. JRS accompanied 18,000 Burundi refugees home from exile in Tanzania, established education and food security projects, and is now in the process of handing over responsibility for these activities to local communities.
Freeing up resources, Fr Calleja's teams were able to respond quickly to evolving crises in eastern Democratic Republic of Congo. Teams provided education and vocational training services, as well as emergency assistance to the most vulnerable of displaced populations.
With the end of conflict in northern Uganda allowing internally displaced persons to return home, Fr Kyiaka oversaw closure of activities in this part of the country and the shift in focus towards reinforcing assistance to destitute refugees living in the capital, Kampala. Before coming to JRS Uganda, in the 1980s Fr Kyiaka worked for the organisation in South Sudan, in Kajo Keji on the border with Uganda.
Inspired by this experience working alongside the then JRS project director, Fr Pio Ciampa, Isaac joined the Jesuit novitiate in May 1985 and took his first vows in Zambia two years later. After seven years as Novice Director in Tanzania, he continued his studies in theology in the Democratic Republic of Congo and Kenya, before specialising in pastoral theology and counselling in Begium and the United States.
Motivated to give back. Fr Isaac, a native of Moyo in northwestern Uganda, understands the complexities of war and displacement. Growing up, following the fall of former president, Idi Amin, Isaac was among the thousands of compatriots forcibly displaced. Fortunately, he and his family found safety in a refugee camp in South Sudan.
Despite feelings of "insecurity, scarcity and vulnerability" in the camp, he also remembers an "appreciation for the gift of a supporting family, reliance on God's providence and living in a certain sense that one day all will be well".
Isaac is now eager to give back as an expression of his gratitude for all that God has given him. In this reflection, he recalls an African proverb, "[t]hat hand that gives is the same hand that receives".
Global: new guidelines on detention, a step forward
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A group of young detainees stare at visitors to the crowded centre at Pagani, Greece (Laura Boldrini/UNHCR)
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| We are disappointed that many countries continue to hold asylum seekers in detention, sometimes for long periods and in poor conditions, including in some cases in prisons together with common criminals. |
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Brussels, 27 September 2012 – Amid growing concern of the abuse of detention as a way of controlling the flow of asylum seekers, this week the UN refugee agency (UNHCR) published new guidelines for governments dealing with the issue. Although far from perfect from a JRS perspective, this document represents a step forward in the promotion of human rights.
"We are disappointed that many countries continue to hold asylum seekers in detention, sometimes for long periods and in poor conditions, including in some cases in prisons together with common criminals", said a UNHCR spokesperson at a press briefing launch.
Until now governments and other organisations have relied on UNHCR detention guidelines published in 1999. However, the growing use of detention required the development of more specific guidelines. This has been accompanied by an evolving, albeit fragile, consensus on alternatives to migration detention. For instance, these alternatives would place asylum seekers and other migrants in open accommodation in the community, respecting their right to freedom of movement.
Keeping detention exceptional. UNHCR has always emphasised that asylum seekers ought to be detained only in truly exceptional circumstances.
Nonetheless, the 1999 guidelines interpreted exceptional circumstances more broadly than would have been hoped, allowing for detention to: verify a person's identity, conduct a preliminary interview and protect public order. In addition, governments were given the green light to detain asylum seekers who had destroyed their travel documents in order to purposefully mislead the authorities.
These exceptions have been used by governments to detain asylum seekers without offering specific justifications. As far back as 2005, a JRS Europe research report concluded the 1999 guidelines were "too far-reaching".
Given the difficulties asylum seekers face in obtaining passports and ID papers from their governments – frequently responsible for persecution – and visas from EU states, it is hardly surprising they are forced to use irregular means of travel. Yet having fled their home countries without proper travel documents, states have still felt justified in putting them into detention. A catch-22!
At a glance the new UNHCR guidelines seem a step backwards. They reiterate the 1999 justifications for detention and add two new ones: to prevent asylum seekers from absconding and in relation with 'accelerated' asylum procedures for those whose claims are 'clearly abusive'.
Positively, these exceptions are more precisely delineated. For instance, UNHCR outlines the factors governments need to consider when assessing a person's willingness to cooperate, such as past compliance with immigration procedures. UNHCR also stresses that governments consider a detainee's family links in the country and their willingness to divulge necessary information to the authorities.
Even in cases where governments need to detain asylum seekers to verify their identity, UNHCR emphasises that "asylum seekers often have justifiable reasons for illegal entry", and that the absence of documentation "should not be automatically interpreted as an unwillingness to cooperate".
The decision to qualify the circumstances in which government use of detention is justified significantly reduces the possibility of abusing the rights of asylum seekers. These details can make a big difference.
The abnormality of detention. Overall the new guidelines strive to frame detention as an abnormal government response to asylum seekers. UNHCR asserts that the right to liberty is a "default position", and that detention should "normally be avoided and be a measure of last resort".
In reality, there are plenty of ways for governments to manage asylum flows without locking people up. The routine response of governments should be to work with asylum seekers while allowing them to reside in their host community as long as they have not infringed a law which would necessitate the deprivation of their liberty.
Whereas the 1999 guidelines merely list examples of alternatives to detention, the new version elaborates in greater detail by listing specific conditions that would ensure the success of such measures. These include providing asylum seekers with clear information, assistance from lawyers, reliable accommodation and individualised support from state authorities.
The emphasis on alternatives to detention is really encouraging. Such alternatives would not only lead to cost-savings and more efficient procedures, it might bring the actions of states into line with their stated values of hospitality, liberty, dignity and the rule of law.
Until that happens, we need to continue monitoring the actions of government and highlighting the discrepancy between policy and practice.
Philip Amaral, Advocacy and Communications Coordinator, JRS Europe
Democratic Republic of Congo: victims of sexual violence find the courage to share their experiences
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Congolese woman peers through the window of the JRS literacy centre that offers displaced women a chance to be self-sufficient, Goma, Democratic Republic of Congo (Danilo Gianese/JRS)
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| Opening up and speaking about their experiences, they shared their memories of feeling vulnerable, their desire for protection by authorities and their right to justice for the crimes committed against them. |
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Goma, 28 September 2012 – It was a day like any other in one of the literacy centres for displaced women, managed by the Jesuit Refugee Service in North Kivu in eastern Congo. But here the students were not just learning to read and write, they were exploring delicate issues of sexual and other violence, as part of a healing process.
The course brings a sense to structure to the lives of these displaced women. It not only offers them a place where they can improve their survival skills, it is a private and safe space where they can share experiences of violence in this war-torn region.
When the JRS training officer touched the argument of sexual violence, the women, one by one, raised their hands and spoke about their experiences. Opening up and speaking about their experiences, they shared their memories of feeling vulnerable, their desire for protection by authorities and their right to justice for the crimes committed against them.
It was the first time these women had spoken among themselves about their traumatic experiences of sexual violence at the hands of armed men groups and civilians. The issue is taboo and when made public typically leads to the stigmatisation of women survivors of sexual violence by their communities.
Witness. JRS spoke to two women who courageously decided to speak out, run the risk of social stigmatisation.
The first, Diane*, was ambushed by Congolese military while looking for firewood. After desperately trying to defend herself, the men finally overpowered her. Thrown against a tree, hit repeatedly on the back and head, they tore off Diane's clothes and raped her.
Although she courageously reported the attack to the police, the soldiers, Diane said, were just transferred to another district. Diane revealed that from that day on she has felt terrible and lost all ability to concentrate.
The second woman, Divine*, was a widow forced to flee her home village to seek safety in a camp for internally displaced persons (IDPs) during the war. Here, a man broke into Divine's home in the middle of the night and raped her.
Consequently, she became pregnant and gave birth to twins in the camp. Divine's family disowned her, refused to help her or the children and accused her of being responsible for the rape. Since then the young woman has been afraid of cultivating crops on her land. Divine asks that the perpetrator be brought to justice and that she be guaranteed some form of financial reparation.
Sexual- and gender-based violence plagues communities in the Democratic Republic of Congo. According to a 2011 study published in the American Journal of Public Health, 48 women every hour are subjected to sexual- and gender-based violence throughout Congo. The consequences of these crimes on the physical and mental health of victims are devastating. Due to the inadequacy of the Congolese judicial system and the widespread climate of impunity for perpetrators of sexual violence (frequently members of armed group and the military), the survivors are rarely guaranteed the justice.
Protection. In North Kivu, the dignity of women and their right to physical, mental and moral integrity is constantly violated. Women urgently need protection against rape and all other forms of violence, the responsibility, in primis, of the Congolese authorities. In line with their respective mandates, the UN peacekeeping force, MONUSCO, and the UN refugee agency (UNHCR) should also play a fundamental role in the protection of the rights of the displaced.
*These names have been changed to protect the identity of the women
Danilo Gianese, Advocacy and Communications Officer, JRS Great Lakes Africa
For information on advocacy actions on rape and gender violence in the Democratic Republic of Congo, visit the website of the Campaign to Stop Rape and Gender Violence in Conflict
Jordan: caught between memories of the past and the reality of today
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Nadim and his mother, Manal, look on as Nadim's younger brother shows off his musical talents by chanting a Sura (chapter) from the Quran. Their humble accommodation is a far cry from the home they left behind 14 months ago, Amman, Jordan (Dominik Asbach)
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| I miss Syria very much, but I know it's better for the children to stay here in Jordan. There are no bombs, no fighting and no kidnappings. They're healthy and able to go to school; this is the most important thing for them right now. |
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Amman, 2 October 2012 – "We had a big tree in our yard, that's what I miss most from our home in Homs", said 13-year-old Nadim, smiling as he described his former home in Syria. Although now safe, 15 months after their arrival in Jordan Nadim's family is still struggling to come to terms with the hardship of displacement.
As we sipped sweet tea made by Nadim's mother, Manal, the family talked to us about a time before violence intruded their peaceful lives.
"I used to love having my friends over for brunch, we'd all dress up and spend the morning together in the courtyard while the children were at school", said Manal, portraying a vivid image of her former home, with its living rooms, courtyard, bedrooms and rooftop.
At the mention of the rooftop, the youngest of five children, Omar leapt to his feet to demonstrate how he used to play football on the roof. Looking around, it is clear there is nowhere to play any kind of sports here.
"My house was typical of the Arab architecture of the old city; it was beautiful compared to this. My friends, my family, everyone could easily gather in my house", Manal said with pride.
She gestured forlornly at the scant furnishings in the cramped room that seemed a far cry from the home she had just conjured from memory. Her yearning for what she has left behind is almost tangible, a presence in the room with us. The family now rents a two-roomed apartment in a working-class neighbourhood of Amman.
The road to their house is a narrow alley way, strewn with litter and pools of stagnant water. At the end of the alley way, a plastic sheet obscures a doorway, behind which Manal was waiting to welcome us. Despite their poor living conditions, Manal and her children exuded a positive energy, happy to receive us in their home.
"My husband is not here because he started a new job today, thanks be to God", enthused Manal.
A former factory owner in Homs, her husband has struggled to find any kind of job in Amman. This new job is at a restaurant helping with pastry-making.
"It's better than nothing".
Leaving Syria. Given the rate of refugee arrivals was relatively low in 2011, compared to the enormous influx in 2012, we asked Manal why they chose to leave Syria more than one year ago.
In the midst of fighting near her home in Homs, she went to the school to pick the children up, but Nadim was not there. He had been kidnapped. Held in a room, fortunately Nadim managed to escape through a small window and make his way home.
"Those were the worst, longest hours of my life… not knowing where he was".
Silent for many days afterwards, Nadim was unable to explain exactly what had happened and the family was never able to ascertain neither the identity of the perpetrators nor their motive.
"The next day there was a dead body in the school yard – that was enough for me. We packed some suitcases and left two days later. We came in a minivan directly to Amman".
Looking at Nadim now, it is hard to imagine him being silent and suffering from trauma. He plays – fights – with his younger brother while chattering to us about school, his life in Homs and his favourite hobbies – especially karate.
However, when we asked him if he or his siblings had made friends at school, the response was an emphatic 'no'.
"We play in one corner during break-time and all the Jordanians play together. There are five of us in my school from Syria, and we just talk to each other. They don't like us", he said.
Schooling for Syrians. This was not the first time we had heard this. Although Syrian children are allowed to enrol, free of charge, in public schools in Jordan, the atmosphere within the schools is not always ideal. Accounts from Syrian families in contact with JRS staff vary. Some children complain of discrimination; while others seem to have settled in and made Jordanian friends. With scarce resources and increasing demand, tensions between communities are inevitable.
"The Ministry of Education has created a policy whereby all Syrians should be allowed access to schools. However the reality on the ground is that many principals are sending Syrians away because they simply don't have space, or there is confusion over the policy. In terms of education, Jordan urgently needs support with resources and capacity", according to JRS Jordan Director, Colin Gilbert.
One last wish. Before we left, we asked Manal what she wanted most, her answer was simple.
"To go back to Syria, to Homs, to my home".
But she is realistic about the situation.
"I miss Syria very much, but I know it's better for the children to stay here in Jordan. There are no bombs, no fighting and no kidnappings. They're healthy and able to go to school; this is the most important thing for them right now".
Whether these children grow up to realise their full potential depends a lot on the education and other services available to them and their families. While JRS is conducting a needs assessment with a view to expanding its services to include kindergarten and remedial classes, the reality is much more needs to be done. Organisations and the Jordanian authorities need more resources, until then Nadim will continue to be one of the lucky ones.
Zerene Haddad, Communications Officer, JRS Middle East and North Africa
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