HAITIAN REFUGEES
1. Jamaica's Obligations
■ Jamaica is a State party to the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol. Jamaica's obligations are derived from
those instruments and are to be applied without discrimination as to race,
gender, religion, nationality or political opinion.
■ Refugee seekers are to be treated in a manner compatible with
internationally-recognised human rights standards.
■ There is an obligation to consider the applications of persons who seek
refugee status and who are in the territory at the time of such application,
and the obligation to put in place procedures for the purpose.
2. Criteria for Determination
3.
■ In accordance with Article I, paragraph A(2) of the Convention, a person
qualifies for refugee status if "owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership
of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear is
unwilling to avail himself of the protection of that country; or
who, not having a nationality and being outside the country of his former
habitual residence as a result of such events, is unable or, owing to such
fear, is unwilling to return to it."
■ A person does not qualify for refugee status on economic grounds.
■ Refugee status is conferred on the dependents of the applicants. The
dependents stipulated, consistent with the laws of Jamaica. In the instant
cases, many of the Haitians arrived with family members, albeit in
informal unions.
Process
■ The refugee determination process is not yet complete. Applicants whose
applications have been denied will be given seven (7) days to exercise
their right to appeal.
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4.
A Special Appeal Tribunal will be established by the Ministry of Foreign
Affairs.
■ Some of those who had originally applied for refugee status have since
returned home voluntarily. The Voluntary Repatriation Process was
overseen by the UNHCR to ensure that the Haitians who wished to do so,
returned home of their own volition.
Obligations of the Government on the Grant of Refugee Status
In addition to the rights and full legal protection to which every person is
entitled under the Constitution and laws of Jamaica, a refugee shall be given
formal written recognition of refugee status which entitles him/her and their
dependents to:
■ receive the same basic health services and primary education which
the inhabitants of Jamaica receive;
■ seek employment; and
■ a travel document
In relation to access to housing, courts, religion, right of association, wageearning
employment, self-employment, public education, public relief, inter
alia, the Convention stipulates that a refugee shall be accorded treatment no
less favourable than that accorded to nationals.
5. The Government of Jamaica has committed significant financial, human and
technical resources to the care, treatment and accommodation of the Haitians
since they first arrived in the country February of this year.
■ The Cabinet had already decided at its meeting last week, that no matter
what was the assessment as to eligibility, we would be deferring the
repatriation of Haitians for a while. We are prepared to do so in
consideration of the devastation which Hurricane Jeanne has caused in
Northern Haiti.
■ Our commitment to the Haitians has not lessened with the passage of
time. We remain committed to our obligations under relevant
international instruments and in the spirit of our relations with Haiti as a
CARICOM country and on the basis of our humanity.
4th October 2004
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