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27 August 2020 HTI200334.FE

Haiti: Treatment by society of Haitians who have lived for a long time abroad, especially in Canada, after they return to their country; whether they are at risk of being victims of violence, and including the type of violence and from whom; whether their return could represent a threat to their families (2018–August 2020) Research Directorate, Immigration and Refugee Board of Canada

This Response replaces Response to Information Request HTI200281 of July 2020.

1. Repatriated Haitians

Sources report that Canada is the third or fourth destination country of Haitian migrants after the US, the Dominican Republic and France (UN Aug. 2019, 4; OECD and INURED 2017, 38) [1]. The International Organization for Migration (IOM) reports the following on its website:

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[UN English version]

[I]n the past few years, a growing number of neighboring countries have scaled up their deportation programs resulting in a growing number of Haitian[s] returning forcibly to . The Dominican Republic, the Bahamas, the United States as well as France have been sending back Haitian migrants, many of whom having little to no capacity to successfully reintegrate themselves socioeconomically in their home country. (UN n.d.)

In a report published in August 2018, the UN Mission for Justice Support in Haiti (MINUJUSTH) identifies “violence resulting from ... massive deportation and/or the spontaneous return of Haitian migrants” (UN 30 Aug. 2018, para. 20).

In the context of the COVID19 pandemic, a group of organizations working on behalf of Haitians in the Miami area called upon the Haitian state in an open letter to President Jovenel Moïse, dated 21 April 2020, to [translation] “stop accepting deportees” from “the United States and other countries to Haiti” because the country is “ill-equipped to deal with a pandemic” (FANM, et al. 23 Apr. 2020). In correspondence with the Research Directorate, a representative of the Living Together (Vivre ensemble) sector of the Centre for Justice and Faith (Centre justice et foi, CJF) [2] also reported that Haiti is struggling to cope with the COVID-19 pandemic (CJF 25 June 2020).

1.1 Societal Attitudes

In an interview with the Research Directorate, a Haitian human rights lawyer stated that people returning from abroad are not automatically categorized as such by society in general, because there is no way for their fellow citizens to know that they are returnees, unless there is media coverage; according to him, any [translation] “indexing” is only by their inner circle (Lawyer 17 June 2020).

A number of sources report that Haitians returning after a long period abroad are marginalized or stigmatized by society (ICDH 23 June 2020; INURED 21 June 2020; Lawyer 17 June 2020). Wooldy Edson Louidor, a journalist and professor specializing in migration at the PENSAR Institute for Social and Cultural Studies (Instituto de Estudios Sociales y Culturales PENSAR) of the Pontifical Xavierian University (Pontificia Universidad Javeriana) in Bogotá (AJCU n.d.), provides the following description in an article published in Haïti Liberté [3]:

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[translation]

Upon arrival in the country, these forced or “voluntary” returnees will be victims of the indifference of an entire society and an irresponsible state. This is the beginning of a new migration—backwards and forwards—where the returnee feels like a stranger in his/her own land and has serious difficulties reintegrating there. (Haïti Liberté 20 Aug. 2019, emphasis in original)

Some sources report that repatriated Haitians may be regarded by their fellow citizens as criminals or wrongdoers (CJF 25 June 2020; GARR 25 June 2020; ICDH 23 June 2020). According to the lawyer, the governments of foreign countries rarely provide explanations to the Haitian authorities when they deport a Haitian national, allowing officials and other citizens to draw their own conclusions; they often assume that the returnee has been guilty of an offence, seriousness unknown, and is therefore at fault and blameworthy (Lawyer 17 June 2020). Similarly, in initial correspondence with the Research Directorate, the Director of the Citizens’ Initiative for Human Rights (Initiative citoyenne pour les droits de l’homme, ICDH) [4] noted that society associates deportation with involvement in [translation] “dirty dealings” in Canada and views deportees as criminals (ICDH 23 June 2020). In correspondence with the Research Directorate, the Head of the Communication and Advocacy section of the Support Group for Repatriates and Refugees (Groupe d’appui aux rapatriés et réfugiés, GARR) [5] explained that, [translation] “if people find out that migrants have broken the law of the host country from where they were deported, they are labelled a criminal outright, even if they have committed only a minor offence. Most people would tend to shun him or her” (GARR 25 June 2020). For his part, the representative of the CJF explained the following:

[translation]

In Haiti, [persons returning to Haiti after being deported from another country] are considered “deportees,” … in other words, “illegal people who have committed a crime abroad.” Deportees must, under society’s skeptical eye, continually prove that they have not committed a crime and that their only fault was not being able to regularize their migration status. In the common imagination, the figure of the deportee calls to mind an undifferentiated narrative of migrant criminalization. Despite the work done by many NGOs and other Haitian grassroots organizations to

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raise awareness, prejudice against deportees (a disparaging term, incidentally) continues unabated and makes their reintegration difficult, if not almost impossible. (CJF 25 June 2020)

According to the lawyer, a person who has committed a status offence will be treated in the same way as a person deported after committing a crime and may have difficulty finding a job or housing (Lawyer 17 June 2020). However, according to the GARR representative, individuals returning from the Dominican Republic experience discrimination:

[translation]

In general, individuals returning from the Dominican Republic are poorly educated and very vulnerable; they often work on construction sites or in the fields or as sidewalk vendors. Furthermore, they have no identity documents. These people are penniless and are often treated inhumanely by Haitian authorities. (GARR 25 June 2020)

According to Wooldy Edson Louidor, in an article on the perception of the diaspora by Haitians,

[translation]

one of the “ugliest” perceptions of the Haitian diaspora is that these fellow citizens, especially those living in the First World, are “wealthy” and spend their American dollars or euros to go on a spree or even engage in debauchery during their vacations in this “poor country”. (Haïti Liberté 31 July 2019)

According to the same source, Haitian returnees may be [translation] “accused of being ‘opportunists who take advantage of the slightest political opportunity to return to Haiti and suck at the teat of their ailing mother’” (Haïti Liberté 31 July 2019). The GARR representative similarly noted that [translation] “people often call them ‘diaspora’ and think they have lots of money” (GARR 25 June 2020).

Among the factors likely to complicate things for the returnees, sources mentioned the following: • having an [translation] “abnormal” sexual orientation or belonging to a sexual and/or gender minority (CJF 25 June 2020; GARR 25 June 2020; ICDH 23 June 2020; UN 23 June 2020; Lawyer 17 June 2020);

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• lacking family or a network of contacts (CJF 25 June 2020; GARR 25 June 2020; Lawyer 17 June 2020); • being poor (CJF 25 June 2020; ICDH 23 June 2020; GARR 25 June 2020); • lacking education (CJF 25 June 2020; GARR 25 June 2020); • being female (CJF 25 June 2020); and • being too young or too old (CJF 25 June 2020).

2. Risks 2.1 Circumstantial

Sources have reported that a person returning to Haiti after having lived abroad for a long time will not necessarily or automatically face risks in Haiti (GARR 25 June 2020; INURED 21 June 2020). According to sources, the risk depends on an individual’s circumstances (INURED 21 June 2020; Lawyer 17 June 2020). In correspondence with the Research Directorate, the Chancellor of the Interuniversity Institute for Research and Development (INURED) [6], for example, explained the following:

The risks depend on the following: whether or not the individual fled the community because of political violence; was the witness of a crime; has been chased [out of the country] because [a] crime the individual has been accused of; left the community thanks to loans that they will not be able to repay; was caught [up in] communal violence provoked by different factions (in this case, if [they have been forcibly returned, they] must claim allegiance [with] one of the opposite factions); and other similar situations. (INURED 21 June 2020)

The ICDH Director also noted that political opponents or the current regime could pose a threat to someone who emigrated because of [translation] “political persecution” (ICDH 23 June 2020).

The GARR representative reported that an individual involved in land or property disputes could face threats from criminals [translation] “working for the opposing party” (GARR 25 June 2020).

2.2 Related to Returnee Status

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According to some sources, returnee status, which society associates with criminality, may, in some circumstances, be a risk to the individual (ICDH 23 June 2020; INURED 21 June 2020). The INURED Chancellor explained that "[d] eportees are generally treated with suspicion and may be subject to violence if a crime happens in their community after their arrival" (INURED 21 June 2020). The ICDH Director stated that for this reason, the lives of deportees seen as criminals [translation] “will automatically be at risk in Haiti” (ICDH 23 June 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.3 Driven by Assumed Wealth

A number of sources report that Haitians returning to Haiti after a long stay abroad risk being targeted by criminals (UN 23 June 2020) because they are considered to be wealthy (CJF 25 June 2020; GARR 25 June 2020; ICDH 23 June 2020) or to have access to money because of their foreign connections (Lawyer 17 June 2020). The INURED Chancellor noted that this can occur [translation] “regardless of the condition[s] under which [the return] happened” (INURED 21 June 2020). According to the CJF representative, [translation] “people are targeted by criminals because they are assumed to have arrived from North America after working and earning money there. At least, this is a commonly held view in the country” (CJF 25 June 2020).

The lawyer reported that young returnees are more frequent targets of criminals than senior citizens who are treated with a measure of respect and compassion (Lawyer 17 June 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.4 Types of Risks

According to the lawyer, returnees face risks ranging from mere theft to threats, kidnapping for ransom, and murder (Lawyer 17 June 2020). Other sources mention armed attacks (UN 23 June 2020; France 29 May 2020), some of them targeting vehicles (France 29 May 2020).

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According to the lawyer, kidnappings are still occurring in Haiti, though less frequently than before (Lawyer 17 June 2020). The IOM Chief of Mission in Haiti, in correspondence with the Research Directorate, wrote that with the COVID-19 pandemic lockdown, limited street life and fewer people returning from abroad, there has been a drop in criminal activity, but that normally, [translation] “there is a spate of kidnappings and attempted robberies and/or hold-ups at certain times of year, such as during the Christmas holidays, when a significant number of Haitians living abroad come home to be with their families” (UN 23 June 2020). Sources report that since 2019, there has been an upswing in cases of kidnappings for ransom in Haiti (UN 23 June 2020; Canada 22 June 2020). According to a Haiti Travel Advisory by the US Department of State dated 6 August 2020, "[k]idnapping is widespread" and "[v] ictims have included U.S. citizens" (US 6 Aug. 2020). According to the Government of Canada, [Canada English version] “[m]embers of the general Haitian population, regardless of rank or social class, are at risk of being kidnapped ... [in exchange for] ransom” (Canada, 22 June 2020).

In a February 2020 article published in the Miami Herald, a daily newspaper in Florida, a journalist who has been reporting on Haiti for over a decade describes the modus operandi of kidnappers as follows:

[They] all start off asking for high ransom sums and eventually settle for lesser amounts after bargaining. But even the smaller amounts are difficult to get because Haitian banks are rationing the amount of U.S. dollars they make available to customers. In some instances, the kidnappers have demanded as much as $100,000 [,] if not more. (Miami Herald 13 Feb. 2020)

An activist and professor of political science, interviewed for the same article, indicated having the impression that the phenomenon is "indiscriminate" and "widespread" (Miami Herald 13 Feb. 2020). The professor leads an organization that was seeking to create a database of abductions in order to assist police with investigations and better represent the extent of the phenomenon (Miami Herald 13 Feb. 2020). A primary care physician interviewed for the same article indicated that police were "absent" in terms of a response to kidnapping, noting that "'everyone is at risk'" (Miami Herald 13 Feb. 2020).

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According to the same article, a spokesperson of the Haitian police stated that the police "'recognize the phenomenon … Everyone sees it, everyone has heard about it'" (Miami Herald 13 Feb. 2020). This statement was in response to "outrage" from the public regarding the state response to kidnappings, "amid numerous reports that people are being abducted while doing routine things" (Miami Herald 13 Feb. 2020).

2.5 Risk Agents

Some sources report the risks posed by petty thieves (Canada 22 June 2020; Lawyer 17 June 2020), but others mention gangs or crime rings (UN 23 June 2020; ICDH 23 June 2020; France 29 May 2020).

The lawyer also noted that people returning from abroad may be at risk from business or professional rivals who might want to bully or eliminate them because of the competition they represent due to their experience and the contacts they made abroad (Lawyer 17 June 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Some sources have stated that relatives of a returnee could, in some cases, pose a threat to that person whose return deprives them of their former remittances (ICDH 23 June 2020; UN 23 June 2020). According to the World Bank, remittances by Haitian migrant workers in 2019 represented more than 30 percent of the country’s gross domestic product (GDP) (World Bank 2 July 2019). The IOM, citing World Bank data, indicates that [UN English version] “remittances are the main source of foreign exchange for [Haiti]” and that the country is “one of the most remittance-dependent countries in the world” (UN Aug. 2019, 4). The ICDH Director explained that attacks by the family occur especially when the individual’s family is in financial need:

[translation]

For families, [when one of their members leaves] Haiti to go and live in Canada, it is a relief for them. The Haitian migrant claiming refugee protection becomes a source of [income] for them: once employed in Canada, [they] regularly send money to family members based in Haiti. … So, the return of this person [is perceived as] a disappointment and [may result in] a threat to the person's life by the members of his or her family. (ICDH 23 June 2020)

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According to the IOM Chief of Mission in Haiti, some attacks against binational Haitians arriving on international flights were ordered by family members who were aware that the person would be carrying money (UN 23 June 2020). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.6 Locations

The lawyer explained that the risk of being targeted by criminals is particularly high in the vicinity of Toussaint Louverture International Airport, noting that he had often experienced it personally (Lawyer 17 June 2020). He said that [translation] “the area of the Port-au-Prince airport is considered a red zone, where thieves are rampant, targeting returnees perceived as having access to money” (Lawyer 17 June 2020). French and Canadian government travel advice websites similarly report that the Port-au-Prince international airport area is a risk area for people arriving from abroad who may be viewed as wealthy (Canada 22 June 2020; France 29 May 2020). The Government of Canada reports that [Canada English version] “thieves try to … steal” and “[f]oreigners are viewed as wealthy and may arouse envy” (Canada 22 June 2020). The government of France explains that armed attacks [translation] “targeting travellers, including those visiting family,” are frequent there and “sometimes fatal” (France 29 May 2020). According to the lawyer, this insecurity is also a problem around other airports in the country, as well as in the vicinity of border crossing points (Lawyer 17 June 2020).

Other sources have also mentioned that the risk of being targeted by criminals can vary [translation] “depending on where you are” (GARR 25 June 2020; ICDH 23 June 2020). In follow-up correspondence with the Research Directorate, the ICDH Director explained that the risk may be greater, depending on where a person settles upon his or her return to Haiti, and explained the following:

[translation]

[F]or example, a person who lives in Martissant (south of the capital) or in the neighbouring areas (Carrefour Feuille, Centre-Ville) is more at risk than if this same person lives in the heights of Delmas or in Pétion-Ville. A person who lives in Lower Delmas is more at risk than one who lives in the Heights of Delmas.

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Migrants returning from Canada heading for the north of Haiti (Cap Haïtien) via Gonaïves, specifically at the gateway to Gonaïves (Savien), are at high risk. Those localities are controlled by gangs. If they find out that those migrants arrived from Canada, the gangs will definitely kidnap them. (ICDH 26 June 2020)

In a second article about kidnappings in Haiti, the Miami Herald journalist reports the case of two Americans of Haitian origin who were kidnapped for ransom while visiting Haiti in February 2020:

Both say they were stopped by a car loaded with heavily armed gang members as they drove through the city of Delmas, which has become a hotbed for the spiraling kidnapping epidemic. And both say they were taken across town to the Village de Dieu, the lawless slum that has become the kidnappers’ lair. (Miami Herald 8 Mar. 2020)

One of the victims stated to the journalist that he believed he was targeted because he had been riding "'in a nice car'" (Miami Herald 8 Mar. 2020). The same article reports the statements of a Haitian human rights activist to the UN Security Council:

"The freedom of movement is not guaranteed" … 23 armed gangs exist just in Port- au-Prince, and where a third of the nation is under gang control. "Roads are dangerous. The fiefdoms of armed gangs have become inaccessible to law enforcement officers and armed gangs claim total control over the civilian population living in these areas as well as those they have kidnapped." (Miami Herald 8 Mar. 2020)

For further information on the neighbourhoods and the regions in Haiti controlled by gangs, see Responses to Information Request HTI106293 and HTI106306 of June 2019.

3. Threat to the Family

According to the IOM Chief of Mission in Haiti, [translation] “as a rule”, there is no risk to the Haitian family of a person returning to the country after a long absence because of that person’s return and “the person’s return to his or her family is not in itself a risk factor for the person or his or her family” (UN 23 June 2020).

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However, sources have stated that there may indeed be a risk to the family of a person returning to Haiti after a long stay abroad because of that person’s return (CJF 25 June 2020; INURED 21 June 2020). The lawyer first explained that the risks facing a returnee, for example, in the vicinity of the airport, are also faced by any person who accompanies the returnee, such as a family member driving to come to pick up the returnee (Lawyer 17 June 2020). The same source also provided the following explanation:

[translation]

Family members of a returnee can also be targeted because they may provide a pathway to wealth or a way of coercing the returnee. For example, a member of that person’s family could be kidnapped and a ransom for their release demanded. There may also be threats of harm to a family member if the returnee does not pay an amount demanded or obey orders. (Lawyer 17 June 2020)

Similarly, according to the GARR representative,

[translation]

the risks to the returnee are much [more] obvious. However, if it is known that the returnee has a lot of money, he or she could be kidnapped by thugs who could also go after members of the returnee’s family. All these actions are aimed at extorting money from the returnee. However, this depends on where the returnee and his/her family lives. (GARR 25 June 2020)

The CJF representative said that a returnee’s family is at risk [translation] “because the bandits assume that any Haitian who comes from North America has money,” which means that the returnee and their family become “immediate targets” (CJF 25 June 2020). According to the same source, [translation] “this has been attested to many times” (CJF 25 June 2020).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

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[1] The International Organization for Migration (IOM) indicates that migration data for Haiti is [UN English version] “generally not available and reliable” (UN Aug. 2019, 5).

[2] The Living Together [Vivre ensemble] sector of the Montreal-based Centre for Justice and Faith (Centre justice et foi, CJF) works to welcome and advocate for newcomers and help them integrate into Quebec society (CJF n.d.).

[3] The [translation] “left-leaning and alter-globalist” weekly newspaper Haïti Liberté, focusing on Haitian news, is published in New York and distributed throughout Haiti, the US, France and Canada (Courrier international n.d.).

[4] Citizens’ Initiative for Human Rights (Initiative citoyenne pour les droits de l’homme, ICDH) is a Haitian human rights organization whose activities include providing migrants with assistance (ICDH n.d.).

[5] The Support Group for Repatriates and Refugees (Groupe d’appui aux rapatriés et réfugiés, GARR) is a Haitian organization that advocates for the rights of Haitian migrants, particularly in the Dominican Republic; it operates in Port-au-Prince and in Haitian border regions, where it works with internally displaced people (GARR 10 Jan. 2012).

[6] The Interuniversity Institute for Research and Development (INURED) is part of an international university and research centre network whose purpose is to “contribute to the development of high-level research and scientific training in Haiti with the aim of improving the educational, socioeconomic and political conditions of Haiti’s people” (INURED n.d.).

References Association of Jesuit Colleges & Universities (AJCU). N.d. “Prof. Wooldy Edson Louidor.” [Accessed 7 July 2020]

Canada. 22 June 2020 (updated on 25 June 2020). Travel.gc.ca. “Conseils et avertissements pour Haïti – Voyage.” [Accessed 25 June 2020]

Centre justice et foi (CJF). 25 June 2020. Correspondence from a representative of the Vivre ensemble sector to the Research Directorate.

Centre justice et foi (CJF). N.d. Vivre ensemble. “Qui sommes-nous?” [Accessed 3

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July 2020]

Courrier international. N.d. “Haïti Liberté.” [Accessed 2 July 2020]

Family Action Network Movement (FANM), et al. 23 April 2020. Lettre ouverte de Family Action Network Movement (FANM) à Jovenel Moise. [Accessed 25 June 2020]

France. 29 May 2020 (updated 2 June 2020). Ministère de l'Europe et des Affaires étrangères. “Conseils aux voyageurs : Haïti.” [Accessed 30 June 2020]

Groupe d’appui aux rapatriés et réfugiés (GARR). 25 June 2020. Correspondence from the Head of the Communication and Advocacy section to the Research Directorate.

Groupe d’appui aux rapatriés et réfugiés (GARR). 10 January 2012. “Présentation du GARR.” [Accessed 5 July 2020]

Haïti Liberté. 20 August 2019. Wooldy Edson Louidor. “Le déracinement haïtien actuel : de plus en plus complexe et vulnérable.” [Accessed 25 June 2020]

Haïti Liberté. 31 July 2019. Wooldy Edson Louidor. “Les multiples visages de la migration haïtienne et l’urgence de construire une ‘Autre Haïti possible’.” [Accessed 6 July 2020]

Initiative citoyenne pour les droits de l’homme (ICDH). 26 June 2020. Correspondence from the Director to the Research Directorate.

Initiative citoyenne pour les droits de l’homme (ICDH). 23 June 2020. Correspondence from the Director to the Research Directorate.

Initiative citoyenne pour les droits de l’homme (ICDH). N.d. “About CIHR.” [Accessed 7 July 2020]

Interuniversity Institute for Research and Development (INURED). 21 June 2020. Correspondence from the Chancellor to the Research Directorate.

Interuniversity Institute for Research and Development (INURED). N.d. “Mission.” [Accessed 3 July 2020]

Lawyer. 17 June 2020. Correspondence with the Research Directorate.

Miami Herald. 8 March 2020. Jacqueline Charles. "Anatomy of Haiti's Kidnapping Epidemic: No One Seems Immune." [Accessed 25 Aug. 2020]

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Miami Herald. 13 February 2020. Jacqueline Charles. "Haiti Police Under Fire as Number of Kidnappings Spikes Just Before ." [Accessed 26 Aug. 2020]

Organisation for Economic Co-operation and Development (OECD) and Interuniversity Institute for Research and Development (INURED). 2017. “Chapitre 2 : Paysage de la migration en Haïti.” Interactions entre politiques publiques, migrations et développement en Haïti. [Accessed 2 July 2020]

United Nations (UN). 23 June 2020. International Organization for Migration (IOM). Correspondence from the Chief of Mission in Haiti to the Research Directorate.

United Nations (UN). August 2019. International Organization for Migration (IOM). Analyse de besoins de la gouvernance des migrations : Haïti. [Accessed 2 July 2020]

United Nations (UN). 30 August 2018. UN Mission for Justice Support in Haiti (MINUJUSTH). Rapport du Secrétaire général. (S/2018/795) [Accessed 6 July 2020]

United Nations (UN). N.d. International Organization for Migration (IOM). Assistance aux migrants. [Accessed 2 July 2020]

United States (US). 6 August 2020. Department of State. "Haiti Travel Advisory." [Accessed 25 Aug. 2020]

World Bank. 2 July 2019. Donna Barne and Florina Pirlea. “Les envois de fonds des travailleurs migrants sont la principale source de financement extérieur des pays à revenu faible et intermédiaire (excepté en Chine).” [Accessed 6 July 2020]

Additional Sources Consulted Oral sources: Assistant professor of social work at an American university whose interests include Haiti; professor of sociology at an American university whose interests include Haiti; Bureau des droits humains en Haïti; Centre d’étude et de coopération internationale; Haiti – Office de la protection du citoyen; Institute for Justice and Democracy in Haiti; Plate-forme des organisations haïtiennes des droits humains; Réseau national de défense des droits humains.

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Internet sites, including: Agence France-Presse; Amnesty International; The Canadian Press; ecoi.net; Factiva; Freedom House; Haiti – Primature; HaïtiLibre; Human Rights Watch; International Crisis Group; Le Nouvelliste; Le Soleil; UN – Refworld; US – Department of State; Vant Bèf Info.

Date modified: 2020-06-01

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