Intra-Caribbean Migration and the Conflict Nexus
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Content.qxd 8/31/2006 7:37 AM Page i Intra-Caribbean Migration and the Conflict Nexus Migraciones Intra-Caribeñas y Conflictos Migrations Intra-Caribéennes et Conflits Edited by: Taryn Lesser Berta Fernández-Alfaro Lancelot Cowie Nina Bruni Content.qxd 8/31/2006 7:37 AM Page ii Intra-Caribbean Migration and the Conflict Nexus / Migraciones Intra-Caribeñas y Conflicto / Migrations Intra-Caribéennes et Conflits published in 2006 by Human Rights Internet, Ottawa, Canada, in collaboration with the International Organization for Migration, the Association of Caribbean States, and The University of the West Indies, Center for Latin America and the Caribbean. COPYRIGHT ©2006 by Human Right Internet Printed in Canada 1 2 3 4 5 09 08 07 06 For more information contact Human Right Internet, One Nicholas Street, Suite 301 Ottawa, Ontario, K1N 7B7, CANADA, telephone: 1-613-789-7407, fax: 1-613-789-7414, or find us on the Internet at http://www.hri.ca/ For comments or to request a copy of this publication, please contact Human Rights Internet or email: [email protected]. Printed in 2006 by Tri-Graphic Printing Ltd, Ottawa, Canada. Visit: http://www.tri-graphic.com/ ISBN 1-894253-62-0 While every effort has been made to ensure the accuracy of the facts and data contained in this publication, no responsibility can be accepted by the publisher for errors and omissions or their consequences. The opinions expressed in each article are those of the authors alone, and may not represent the opinions of the institutions with which they are affiliated or the opinions of the publication's principal collaborators. The publication and related projects of the Greater Caribbean component of the Initiative on Conflict Prevention through Quiet Diplomacy are made possible through the generous support of the Catholic Organization for Relief and Development (Cordaid) in The Hague, the Netherlands and the Canadian International Development Agency (CIDA) in Ottawa, Canada. The producers of the publication wish to thank these partners for their continued support. Program/project/activity undertaken with the financial support of the Government of Canada provided through the Canadian InternationalDevelopment Agency (CIDA) Programme/projet/activité réalisé avec l'appui financier du gouvernement du Canada agissant par l'entremise de l'Agence canadienne de développement international (ACDI) Content.qxd 8/31/2006 7:38 AM Page iii Editing and Production: Concept & Expert Advice Rubén Silié Valdez and John Packer Editor-in-Chief Taryn Lesser Editorial Board Berta Fernández-Alfaro, Lancelot Cowie and Nina Bruni Edditional Expertise Jeanette Stovel, Elizabeth Thomas-Hope and Juan Antonio Blanco Editorial Assistance Shayna Buehler and Lindy-Ann Edwards Proofreading Stephanie Schmidt and Fernando Bosch Translations Luis Aribe, Walter Betbeder, Fernando Bosch, Nathalie Charlery, Eric Maitrejean, George Meek and Elena Sánchez Cover Design Gheorghe Scurtu, Art Center Layout & Design Anie Kim Thân and Richie Ho Printing Tri-Graphic Printing Ltd Content.qxd 8/31/2006 7:38 AM Page iv Contents Editor's Note and Acknowledgments/ Nota de la Editora y Agradecimientos Taryn Lesser vii Foreword/Prólogo Rubén Silié (ACS), Brunson McKinley (IOM), Eli Turk (HRI) and Dennis Gayle (UWI) xv Introduction/Introducción John Packer and Richard Scott xix Map of the Greater Caribbean xxxi List of Acronyms and Abbreviations xxxiii PART 1 – Themes with Regional Scope 1 The International Normative Framework & the Human Rights of Migrants 1 Article 1.1 The International Normative Framework with Reference to Migration in the Greater Caribbean Ryszard Cholewinski, Jillyanne Redpath, Sophie Nonnenmacher and John Packer 2 Article 1.2 Relaciones Internacionales y Derechos Humanos de los Migrantes - Gabriela Rodríguez Pizarro 55 2 Mixed Migratory Flows in the Caribbean 69 Article 2.1 Migration Management Challenges in the Caribbean Berta Fernández-Alfaro and Gerard Pascua 70 Article 2.2 Effectively Identifying, Protecting and Finding Durable Solutions for Refugees - Janice Marshall 89 iv Content.qxd 8/31/2006 7:38 AM Page v Contents v 3 Macroeconomic Disequilibrium and Migration 101 Article 3.1 The Performance of CARICOM Economies in the 1990s: The Current Effect on Migration and Conflict Potential Esteban Pérez Caldentey and Karoline Schmid 102 4 Trafficking in Persons in the Caribbean 129 Article 4.1 Human Trafficking in the Context of Caribbean Labor Migration - Elizabeth Thomas-Hope 130 Article 4.2 Scope and Nature of the Trafficking Phenomenon: A Regional Perspective - Ashley Garrett and Amy Mahoney 147 Article 4.3 Sex Worker Migration and Human Trafficking: Problems and Possibilities - Kamala Kempadoo 167 PART 2 – Specific Cases 5 Desafíos Trasnacionales en Centroamérica 187 Article 5.1 La Frontera Sur de México - Juan Artola 188 Article 5.2 Las Pandillas Trasnacionales Mara Salvatrucha y Barrio 18th Street - Wim Savenije 205 6 Internal Displacement in Colombia 229 Article 6.1 Prolonged Internal Displacement: Solutions amidst Violence in Colombia Fernando Calado and Diana Medrano 230 Article 6.2 Health, Internally Displaced Persons and Violence in Colombia - Arturo Silva 245 7 La Frontera Colombiana: Oeste y Este 259 Article 7.1 Migración Forzada y Fronteras Calientes: El Caso Colombo-Ecuatoriano - Fredy Rivera Vélez 260 Article 7.2 El Secuestro en la Frontera Colombo-Venezolana - Lancelot Cowie 277 8 The Deportation Phenomenon 289 Article 8.1 The U.S. to Jamaica Deportee Problem: Dispelling a Key Myth - Bernard Headley 290 Content.qxd 8/31/2006 7:38 AM Page vi vi 9 Haitian Migration to the Dominican Republic 307 Article 9.1 The Haitian Minority in the Dominican Republic James Ferguson 308 Article 9.2 Managing Haitian Migratory Flows to the Dominican Republic: The Challenges and Opportunities - Maureen Achieng 343 Summary Translations in Spanish 369 Summary Translations in French 421 Summary Translations in English 435 About the Editors and Contributors 451 About the Organizations Involved 461 Table of Relevant International Human Rights Instruments 467 Glossary 469 Index 495 Notes 501 HRI-Editor.qxd 8/30/2006 10:08 PM Page vii Editor’s Note and Acknowledgments This collection represents a collaboration of diverse actors across the Greater Caribbean, beginning in November 2004 with the encouragement of Rubén Silié Valdez, Secretary General of the Association of Caribbean States (ACS), to further explore intra-regional migratory processes as potential sources of violent conflict. A subsequent partnership with the global Initiative on Conflict Prevention through Quiet Diplomacy, administered by Human Rights Internet (HRI) under the direction of John Packer and Juan Antonio Blanco, has enabled this vision to come to fruition. The primary rationale for the publication was that while there is a myriad of diagnostic analyses on intra-Caribbean migration themes, there has been a dearth of material that both (1) makes the direct connection with conflict potential and (2) proposes solutions in the form of concrete recommendations. The goal, therefore, was to apply this approach to situations across the Greater Caribbean, offer recommendations to policymakers, and stimulate further analysis and interest in making such a conceptual connection and following the approach applied herein. The process leading up to the publication was initially exploratory and involved communicating with a wide variety of specialists about current and pressing migration issues and trends, researching countries with significant migration populations, and identifying contributors who would bring their unique perspectives to bear on the selected situations and themes. Our approach has been multi-sectoral and fundamentally flexible according to the expertise of the contributors. Considering the disparate nature of the included topics, authors were free to choose their methodology as appropriate. The publication includes contributions in English and Spanish, with summary translations to make them more broadly accessible (the chapter concerning Haiti also includes a summary translation in French). The guidelines for contributors were only that they address migration themes that have a conflict dimension and orient their work toward policy analysis, including recommendations. But, while many migration specialists noted the need for this approach, some were unable to dedicate time to re-conceptualize their research in order to embrace this perspective, and their work was therefore not included in the vii HRI-Editor.qxd 8/30/2006 10:08 PM Page viii viii Taryn Lesser publication; as such, this collection of articles is far from exhaustive, and there remain many additional situations and themes to be explored. It is our hope that this publication, and the process leading up to its completion, will serve as an initial stimulant for further policy analysis and debate. The contributors to this volume are to be commended for their pioneering work and efforts to approach migration through a new lens. From the very early stages, Berta Fernández-Alfaro of the International Organization for Migration’s (IOM) Regional Office for North America and the Caribbean, and Lancelot Cowie and Nina Bruni, both of the Center for Latin America and the Caribbean (CENLAC) at The University of the West Indies (UWI), took a personal interest in this project and dedicated their time and energy to its completion. Their support and expertise have been instrumental throughout the process and served to solidify the collaboration between the four principal organizations