Editorial Committee

Editorial Committee Editor in Chief: Dianne Daley Assistant Editors: Benito Palomino Tracey Hamilton Gina Morley Chief Assistants: Sonia Bertran Shane Miller Assistants: Sharon Service Paulette Warren A vlana Johnson Andrea Walters Special Acknowledgements: Cover Design and Cartoons: Melody Cousley Portraits and Group Photos: John Findlay Group Graduation Photos: Bryan's Photo Studio Special Thanks To the Principal, William A. Roper,for his invaluable support to the Editorial Committee 1990. Please Send All Correspondence to: THE EDITOR "THE YOUNG ATTORNEY" P.O. BOX 231 MONA CAMPUS U.W.I. KINGSTON 7 JAMAICA, W.I. The Young Attorney - 1990 ---~• =1-1-1t:•~---------------- HUMAN RIGHTS AND THE TREATMENT OF HAITIANS IN THE BAHAMAS: INTERNATIONAL AND CONSTITUTIONAL LAW PERSPECTIVES ALFRED M. SEARS LECTURER BLACK AND PUERTO RICAN STUDIES DEPARTMENT HUNTER COLLEGE CITY UNIVERSITY OF NEW YORK Attorney-at-law admitted to the Ba r of states New York,New Jersey and Washington D.C. - currently a student at the Norman Manley Law School. CONTENTS DELIMITATION OF THE PROBLEM TRENDS IN THE TREATMENT OF HAITIAN ILLEGAL IMMIGRANTS IN THE BAHAMAS APPRAISAL RECOMMENDATIONS BIBLIOGRAPHY A. International Human Rights Law and Aliens B. Regional Prescriptions C. Commonwealth Caribbean Constitution Prescriptions The Young Attorney - 1990 63 to the Bahamas, stated that there is a DELIMITATION OF THE PROBLEM perception in Haiti that the treaty lacks reciprocity and merely provides a Since 1957 the Bahamas Govern on diplomacy was being announced in mechanism of exclusion and deporta ment has been trying to solve the pro 196 7, immigration and police officials tion of Haitians from the Bahamas, in blem of the influx of illegal immigrants were conducting extensive raids within spite of their ties to the Bahamas. 1 from Haiti. Dawn Marshall argues the Haitian and Jamaican communities, While he conceded that this perception that because of the Bahamas geographic eliciting charges of human rights abuse is partly true, he recognized that location, between Haiti and the United in respect to the manner in which the Haiti had no leverage during the nego States, many Haitian migrants, fleeing raids were conducted.9 tiation of the treaty, because the dictatorship and the economic and The first attempt by the P.L.P. Haitians in the Bahamas are at the social effects of underdevelopment, Government to achieve a diplomatic mercy of the Government; therefore, use the Bahamas as a transit point on settlement with the Haitian Govern it was the desire of the Haitian Govern 2 their way to the United States. ment in July, 1967 failed to produce ment to have the Haitians return to In 1980 there were 11,000 Hai any agreement. In 1970 a second di Haiti with dignity .1 4 However, Amba tian nationals officially recorded as plomatic effort was launched for a ssador Charles conceded that, in the 3 living in the Bahamas. Because the treaty regarding illegal Haitian immi final analysis, Haiti must create more vast number of Haitians are illegal grants, estimated at that time to be opportunities for Haitians in Haiti, so immigrants and therefore suspicious of about 10,000. This effort also proved that people would not risk their lives dealing with Bahamian officials, census to be a failure. Throughout this period to go where there may be no improve figures constitute merely a minimum there were continuing raids by Baha ment. I 5 estimate. More reliable estimates have mian Government officials in the Hai The treaty also came under attack placed the Haitian presence in the tian community coupled with marked from the Catholic Church in the Baha 4 Bahamas around 40,000. The total indifference by the Haitian Govern mas. The Rt. Rev. Laurence Burke, 5 population of the Bahamas is 240,000; ment. There were also allegations by Roman Catholic Bishop of the Diocese therefore, the Haitian community con the Bahamas Government that the of the Bahamas, characterized the stitutes about 16-20% of the total po Haitian Consul in Nassau, Bahamas, treaty as being "ambiguous". Specifi pulation of the Bahamas. refused to issue visas to Haitian cally, Bishop Burke pointed out that Between 1956 and 1967 the nationals whom the Bahamian Govern the treaty stated that it would give 0 Colonial Government in the Bahamas ment wished to repatriate. I legal status as soon as possible to illegal responded to the growing presence of However, in early 1985 the two Haitian immigrants who were living in illegal Haitian immigrants with periodic Governments again attempted to nego the Bahamas prior to December 31, raids by the immigration, customs and tiate another treaty to address the 1980, provided the persons were police officers; vigilance at sea; harsh problem of illegal Haitian immigrants married to Bahamians or working at 6 criminal penalties and deportation. in the Bahamas, estimated at that time the time of the signing of the treaty. In 196 7 the first black mass-based to be around 40,000. The treaty does not say whether nationalist party, the Progressive Libe TREATY they must be working with a work ral Party, came to power in the Baha permit or illegally. However, the mas. One commentator has described A treaty was ratified in September raids since the signing of the treaty the transition from the white minority 1985. The treaty provided for an am have been focused on all Haitians who United Bahamian Party Government nesty period from September, 1985 to did not have a work permit, inclusive to the Progressive Liberal Party Govern February, 1986, asking all illegal im of Haitians who have been living for ment as "the replacement of the poli migrants to register with the Immigra over 20 years with Bahamian born 1 tical, social and economic hegemony tion Department. I About 10,000 children. This over inclusive round--up of a white bourgeoisie by a hegemony illegal Haitian immigrants registered. practice seems to violate the letter and of a black bourgeoisie that is complete The treaty also provided that Haitian spirit of the treaty. in the political sector, largely complete immigrants illegally resident in the Bishop Burke therefore called on in the social sector, but still incomplete Bahamas and who arrived before the Bahamian Government to enunciate in the economic sector, where the white December 31, 1980 shall be accorded a clear and consistent policy, beyond 6 bourgeoisie retains a predominant legal status as soon as possible, provided raids and amnesties. I 7 share". The new P.L.P. Government's they meet certain qualifications. 12 Since the signing of this Treaty announcement in 196 7 that it preferred All those arriving after December 31, there have been mounting charges of diplomatic means in solving the prob 1980 will be repatriated, unless they human rights abuse against the Baha lem of illegal Haitian immigration to are required for employment or are mian Government surrounding the the Bahamas created optimism that a married to Bahamian citizens. 1 3 periodic raids and detention of Haitian more humane and realistic immigration His Excellency Serge Charles, the and Jamaican aliens in the Bahamas. 8 policy was forthcoming. However, Haitian Permanent Representative to It has been alleged that entire Haitian even while this new public emphasis the United Nations and Ambassador families, including Bahamian born The Young Attorney - 1990 64 children, have been detained and de to investigate the matter and punish rights organizations both in the Baha ported; that Haitians have been sub those responsible.2 2 On October 27, mas and in Jamaica as well as by the jected to mass arrangements and de 1986, Mr. Evans Francois was recalled Jamaican Government.2 6 position of their cases before the from the Bahamas at the request of 1 7 Bahamian courts and, that Hai the Bahamas Government, with the ex The prison conditions under which tians have been imprisoned while cuse that Mr. Francois' continued Haitians have been detained in the awaiting trial or deportation in de presence in the Bahamas would not Bahamas have not escaped international grading and sub-human prison condi serve any useful purpose, as he was at comment. Amnesty International ex 1 tions. a the center of controversy. Under cus pressed its belief to Minister of National 3 Security Loftus Roker that prison On July 15th, 1986, the Haitian tomary diplomatic practice ,2 the conditions under which Haitians were Consul in the Bahamas, Mr. Evans Haitian Government had no choice detained constitute cruel, inhuman Francois, apparently after having iden but to comply with the Bahamian re and degrading treatment in contraven tified himself as a diplomat, was him quest or have Mr. Francois declared persona non grata. 3 3 tion of Article 5 of the Universal De self arrested and briefly detained by claration of Human Rights, and are in Bahamian police officers, while seated On July 17th, 1986, one day after gross violation of the United Nations in his car waiting for his wife who was the arrest of Mr. Francois, about 30 Standard Minimum Rules for the Treat in the Nassau airport arranging the Jamaican nationals, upon arrival in the ment of Prisoners. Amnesty Interna repatriation of a group of Haitians Bahamas aboard British Airways, were tional urged that a thorough and im back to Haiti. 1 9 This incident triggered arrested and detained at the Central partial inquiry be instituted without critism against the Bahamian Govern Police Station for allegedly violating delay into conditions under which ment both in Haiti and in the Bahamas. Bahamas Immigration Regulations.2 4 Haitians have been, and continue to Minister of National Security, Prior to July 17th, Jamaican nationals be, imprisoned at Fox Hill Prison Loftus Roker, stated that the police were required to have a minimum of and requested information about those 2 7 officer "acted properly" when he arres U .S.$500.00 cash on them upon arrival currently in detention.

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