International Concern for Haitians in the Diaspora

JAKE C . MILLERPROFESSOR EMERITUS, BETHUNE-COOKMAN COLLEGE

Abstract
Because of economic and political conditions in Haiti during the last quarter of the Twentieth Century, many Haitians sought
refuge or work in nearby countries. While some entered these countries legally, most entered or sought to enter by non-traditional
means. Both the danger they risked in attempting to reach a "better land", and their receptions upon arrival have been the
concern of the international community. This paper is an assessment of the international response to Haitians in the United
States, Dominican Republic and Bahamas Islands, who have been the victims, or alleged victims of discrimination because
of race or nationality.

During the last quarter of the 20th Century, many

Haitians left their homeland in search of a better life,
elsewhere. Because they left for a variety of reasons
social, economic and politicalit is difficult to place
them all in a single category. Based upon the "pull"
and "push" factors which caused them to leave they are
usually referred to as "economic migrants" or "political refugees," Regardless of the name given to them,
they are among the most abused in our society, having
undergone extraordinary distress in their efforts to reach
the host country and sometimes having suffered equal
hardship upon their arrival. The public exposure of their
plight has brought about an intemational outcry both
from governmental and non-governmental organizations. This paper will assess the intemational concem
shown for Haitian migrants in the United States, Dominican Republic and the Bahamas,

Haitians in the United States

Historically, the United States has been accused of pur-

suing a racist policy in regard to the granting of refugee

status (usccR, 1-19); therefore, it was not surprising that
some of the intemational human rights organizations
questioned its attitude toward Haitian migrants. Such
a challenge took place June 22, 1979 when the International Human Right Law Group (US) complained
to the Inter-American Commission on Human Rights
(IACHR) of the Organization of American States (OAS)
conceming the treatment of Haitian refugees. According
to the petition, which wasfiledon behalf of the National
Council of Churches, "the procedures employed by the
United States in handling claims of these Haitian refugees violated regional and intemational commitments
which the U,S, has undertaken," It was accused of failing to observe obligations which it assumed as a result
of its membership in the OAS, and as a signatory of the
American Declaration of the Rights and Duties of Man
(Declaration), and the American Convention on Human
Rights (Convention), The petition cited Article XXVII
of the Declaration, which binds the U,S, "not only to act
in accordance with its domestic laws in granting asylum
to those seeking it, but must also act in accordance with

Jake C. Miller received his B. S. Degree from Bethune-Cookman College, M. A. from the University of
Illinois, and Ph.D. from the University of North Carolina at Chapel Hill. He taught political science
at Fisk University in Nashville, Tennessee and Bethne-Cookman College in Daytona Beach, Florida.
Currently, he is Professor Emeritus of Political Science at Bethune-Cookman College. He authored:
Black Presence in American Foreign Affairs f University Press ofAmerica), Plight of Haitian Refugees
Praeger and Prophets of a Just Society (Nova Science Press).

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35

intemational agreements," including the Protocol Relating to the Status of Refugees (IHRLG, 2), Specifically,
the United States was accused of:
Depriving Haitian nationals seeking asylum in
the U,S, of their rights to equal protection and
to life and liberty,
Depriving Haitian refugees of their rights to due
process,
Discriminating against Haitian nationals on the
hasis of their country of origin,
Denying Haitian effective access to the U,S, courts
due to harassment and other actions which
interfere with legal representation,
Returning Haitian refugees to Haiti where their
lives or freedom are threatened on the basis of
political opinion (IHRLG, 9),
Although the IACHR normally does not accept cases
until domestic remedies have been exhausted, the
petitioner suggested that a waiver of this requirement
be made, inasmuch as "once domestic remedies have
been exhausted, the Haitian refugee seeking political
asylum in the U,S, is subject to immediate deportation
and is placed in imminent peril of violations to his
personal security and safety upon refoulement to Haiti
(IHRLG, 11),
Although the State Department questioned the right
of the IACHR to consider the issue, it agreed to allow
the Commission to undertake an on-site investigation
of the situation, if it decided that such was needed.
The United States assured the IACHR that if such an
investigation was made, it would do everything possible
to facilitate the effort (USDS, 4),
In a memorandum to the IACHR, the Intemational
Human Rights Law Group suggested that in case the
original petition was declared inadmissible because of
nonexhaustion of domestic remedies, the Commission
should conduct a study and issue a report on the situation
of Haitian refugees in the United States, In pursuing this
study it was advised to observefirsthand the procedures
used by the Immigration and Naturalization Services in
screening the refugees. The IACHR was also asked to
recommend that the United States file a report on ways
in which it was seeking to protect Haitians' human
rights (IHRLG, 2),
In April 1980, the IACHR received testimony
36

conceming the alleged U, S, violation of human rights

in regard to the treatment of Haitian refugees. After
hearing complaints, the Commission sent a cablegram
to the Secretary of State, appealing to him to suspend
the "deportation of Haitian citizens who had been denied
asylum as political refugees in the United States," Noting that it was currently considering the case of Haitian
"boat people," it appealed to the U,S,, for humanitarian
reasons, to "cooperate with the Commission by refraining from any action which would result in the deportation of Haitian citizens seeking political asylum while
the case is under study by the Commission (Carreno),
The issue of the Haitian exodus became further
intemationalized on September 23,1981 when the U,S,
and Haiti exchanged notes concerning their mutual
interest in halting the illegal migration of Haitians to
the United States through a program of interdiction.
Consistent with the agreement, the U,S, was granted the
right to board Haitian flag vessels and determine their
destination and the status of their passengers. If such
investigation suggested the violation of U,S, immigration laws or relevant Haitian laws, the Government
of Haiti consented to permit the United States Coast
Guard to detain the vessel while on the high seas, as
well as persons aboard, Haiti also agreed to permit the
retum of the detainees to a Haitian port after the giving
of prior notification, (HMIA, 3559-3561), On October
1,1990, a petition filed with the Inter-American Commission on Human Rights contended that the United
States' practice of repatriation violated international
laws and standards which give Haitians fieeing political persecution the right to seek refuge in any country.
Specifically, attention was called to Article XXVH of
the American Declaration of the Rights and Duties of
Man, which reads:
Every person has the right, in case of pursuit not
resulting from ordinary crimes, to seek and receive
asylum in foreign territory, in accordance with
the laws of each country and with international
agreements.

In March 1993, the IACHR called upon the United

States, as a matter of urgency, to review its practice of
seizing Haitians on the high seas and returning them
to their homeland without permitting them to establish
whether they qualify as refugees, or as asylees under the
Declaration, Likewise, IACHR urged the United States
to protect the rights of Haitians already residing within
its borders by not retuming them to Haiti before determining whether they could qualify for refugee status
under the Protocol relating to the Status of Refugees, or

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as asylees under the Declaration,, Referring to obligations in documents cited above, as well as principles
and mies on intemational humanitarian law, the IACHR
called upon governments of the Hemisphere:
To take the emergency measures necessary to
prevent the dangers and suffering experienced by
those Haitians who, although forced to fiee their
country because of their repression and persecution
by agents of those exercising authority in Haiti,
have been or are being repatriated (OAS).

On November 8, 1996, the IACHR responded

to a petition which had been filed six years earlier by
acknowledging that the United States had violated
intemational law in its treatment of fieeing Haitians by
intercepting them at sea and forcibly retuming them to
their homeland. The NCHR hadfiledthe charges during
the Reagan and Bush (the senior) administrations in order to end the U, S, practice of interdiction (NCHR),
Not only was the Organization of American States
concemed about the treatment of the Haitian refugees,
but the United Nations as well. In May 1992, Sadako
Ogata, the UN High Commissioner of Refugees, criticized President Bush's executive order which ended the
process of taking Haitians who were rescued at sea to the
detention center at Guantanamo Bay, Cuba for questioning by the Immigration and Naturalization Service, The
U,S, was perceived as denying opportunities to those
Haitians who were genuinely in need of intemational
protection the right to present their claims; therefore,
placing them in danger upon their retum to Haiti, In
defense of his policy. President Bush expressed doubt
that Haitians were persecuted after they were retumed
forcibly. He maintained that the vast majority of those
claiming to be political refugees were migrants seeking
to better their economic conditions (Crossette), The
violation of human rights and the violence perpetrated
by the security forces caused the UNHCR to express
fear that the returnees might be exposed to danger;
however, it acknowledged that it was not in a position
to determine the extent of their safety (UNESCO),
In May 1994, Sadako Ogata, the United Nations
High Commissioner for Refugees, urged the Clinton
Administration to increase the 5 percent of Haitian applications which it was currently accepting. She noted
that increased violence and the expanding suppression
of human rights had become so crucial that it was necessary for the United Nations to place serious sanctions
on Haiti, According to Ogata, the entire country was in
an abnormal situation and because of this, those persons
fleeing Haiti "should be given some kind of chance to

stay outside of the country, at least until democracy is

restored (Greenhouse, A5),"
Haitians in the Dominican Republic
Historically, the Dominican Republic has both profited from and has been embarrassed by the influx of
Haitian migrants into the country. While the migrants
have constituted a pool of cheap labor for the sugar
cane growers, the Dominican treatment of them has
brought the nation intemational condemnation, Robert
Cressweller offered this description of a scene from
the 1937 slaughter of more than 20,000 Haitians in the
Dominican Republic:
Bodies clogged the river. Bodies were piled into
obscure little valleys. Bodies lay in village streets
and on country roads and in gentle green fields.
Trails of blood lay on dusty country lanes up and
down the border. Blood dripped from trucks that
carried corpses to secluded ravines for disposal
(Cressweller, 154-155).

Since the 1937 tragedy, the Dominican Republic

has constantly been condemned by the intemational
community for its mistreatment of Haitian migrants. In
a study of labor conditions in the Dominican Republic
in 1978, the Anti-Slavery Society for the Protection of
Human Rights, based in London, charged that most of
the 280,000 Haitian itnmigrant workers and their families suffered from "chronic malnutrition, a variety of
preventable diseases, high material and infant mortality,
illiteracy and hopelessness (WCC, 12),"
Similarly, in a seminar sponsored by the Ecumenical Center for Human Rights (CEDH) in July 1980, sixteen Protestant church-related groups from Haiti, Puerto
Rico, the Dominican Republic and the United States,
condemned "the economic, social and political causes
that have led to the exploitation of thousands of Haitians
who work on sugar plantations in the Caribbean region
in unjust circumstances (WCC, 12)," Also concerned
with the situation was the World Council of Churches
which concluded that "the conditions of migrant workers and the systematic exploitation which they suffer
make it one of the worst situations in the world. Denied
every basic right their plight can only be compared with
the slaves of Caribbean history(WCC, 3),"
In June 1981, as a result of a petition filed by Cecil
Rodgers, the Workers' delegate from Suriname, the
treatment of Haitian laborers in the Dominican Republic
became a major item on the agenda of the Intemational
Labor Organization (ILO), Accusing the Dominican

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37

Republic of violating provisions of the Convention

on Forced Labour, the petition criticized the country's
practices relating to recmitment, transportation, housing, working conditions, payments and living conditions. Among the specific charges was that recmitment
was "carried out on the basis of false promise," and
force was utilized when sufficient numbers were not
recmited, otherwise, Rodgers contended that "the use
of forced labour, disguised as a social and economic
outlet for workers is in fact a way for the Dominican
state to make enormous profits," The ILO was asked
to urge the Dominican Republic to halt its practice of
forced labor and to initiate an inquiry to assure that the
rights of Haitian workers were being observed (ILO,
135-136),
The ILO responded to the petition by establishing
a committee of inquiry which proceeded to investigate
the grievances. Among its recommendations was that
a small number of qualified officials acting under the
auspices of the Haitian Embassy in Santo Domingo be
empowered to visit plantations and other places of labor
in order to become aware of working conditions. It also
recommended that the Haitian Govemment be permitted
to conduct periodic visits for similar reasons, A third
recommendation was those Haitian workers, given the
lack of unionization, be allowed to designate representatives to work out day to day problems affecting them.
In reflecting on a more durable solution to the problem,
the ILO concluded that the treatment and conditions of
the Haitian workers in the Dominican Republic will be
infiuenced to a great extent by the "future prosperity of
the Dominican sugar industry," According to the ILO, a
major factor will be the willingness of the intemational
community to act positively in providing more favorable
trade opportunities for the country (ILO, 132-133),
During the decade of the 90s, there was, once
again, a ground-swell of international concern for
the Haitians in the Dominican Republic On June 11,
1991, Americas Watch, an intemational human rights
organization, decried the abuse of Haitian cane cutters
employed on plantations of the State Sugar Council, It
was especially critical of what it considered to be "a
forced labor regime affecting Haitian children,,," The
issue became more publicized following an American
television network broadcast of the situation. President
Balaguer of the Dominican Republic responded by issuing Decree 23 of June 13, 1991 which provided for
the repatriation of Haitians under 16 and over 60 years
of age who were in the Dominican Republic without
proper documents, (OAS, 1999, 319-320)
On June 26, 1991, the executive secretary of the
38

IACHR sent a cable to the Secretary of State for Foreign

Affairs of the Dominican Republic addressing the issue
of the mass deportation of Haitians, considering it a violation of the American Convention on Human Rights,
The Dominican Republic was requested to provide
information conceming the action, and to suspend any
measure intended to put the Repatriation Decree (No,
233-91) into effect. Likewise, it was urged to take the
necessary steps to curtail the inflicting of irreparable
harm on persons scheduled to be deported OAS, 1992,
258-259),
In reply to the communication, the Dominican
Republic pointed out that as a sovereign nation the repatriation took place in accordance with its constitution
and laws. It insisted that its action was not in violation of
the American Convention on Human Rights, inasmuch
as the rights which the IACHR referred to, did not apply to individuals who were in the Dominican Republic
illegally. In the letter, reference was made to the 1938
agreement between the two countries in which each
govemment agreed to "take the measures necessary to
prevent their nationals from crossing the borders into
the territory of the other State without proper permission
from the competent authority of the latter," The agreement further provided that "nationals of either State who
are within the territory of the other State in violation
of the latter's law shall be immediately repatriated or
declared undesirable aliens by the competent authorities," The Dominican foreign affairs officer contended
that in addition to being on sound legal ground, the
Dominican Republic was serving the cause of human
rights by repatriating aliens who had found themselves
in a dilemma by having come to the country on the basis
of false promises, and therefore wanted to be retumed
home. From a nationalist point of view, the Dominican
Republic insisted that the more than a million Haitians in the country represented "a very competitive
labor force that displaces Dominican workers," The
tremendous burden they impose on the institutions of
the country also was noted,. The Dominican Republic
pledged to make needed information available to the
IACHR,' (OAS, 1992, pp, 260-262),
The IACHR reacted to the Dominican pledge by
asking its permission to visit the country to assess the
situation. On August 2,1991, the Dominican Republic
complied by extending an invitation, and about two
weeks later the observation team, led by DrMarco Tulio
Bmin Celli, visited the nation. The delegation consulted
Dominicans, both in and out of govemment, before concluding that there was sufficient evidence that measures
taken by the govemment to enforce its recent decrees

The Western Journal of Black Studies, Vol. 30, No. 1, 2006

violated provisions of the American Convention on Human Rights, It reported that through the enforcement of
the decree, authorities had "unleashed an indiscriminate
persecution against Haitians and their descendants" in
order to remove them from the country. Included among
those were Haitians who were bom in the Dominican
Republic and had the constitutional right of nationality.
The Commission conceded that even though the Dotninicans enjoy the privilege of sovereignty and are free
from foreign political interference, they are limited by
modem intemational law which protects human rights.
The Commission noted that in regard to these individual

guarantees, foreigners are considered the same

as nationals. Lastly, it referred to a statement
in the preamble of the American Convention
on Human Rights which read, "that the essential rights of man are not derived from one's
human personality, and that they therefore
justify intemational protection in the form of
a convention... (OAS, pp, 275-277),"
In an effort to resolve the problem, the IACHR
recommended that the Dominican Republic take steps
to regularize the status of Haitians who have been unable to benefit by provisions of Decree 417-90 issued
on October 15,1990, It also was urged to ":revoke any
legislative or administrative measure aimed at impairing the rights of foreigners or Dominicans of Haitian
origin and to suspend immediately the mass expulsions
of Haitian nationals," Consistent with Decree 233-91,
the Dominican Republic also was asked to:
Provide the necessaryfacilities to Haitian nationals
who voluntarily request their return to Haiti with
all the guarantees and considerations, without
harming their basic rights, and granting the
corresponding work benefits.
Pay compensation to those Haitian nationals
who were expelled fi-om the Dominican Republic
without their corresponding work benefits.
Grant facilities aimed at allowing persons who
allege that they are Dominicans to return to the
country so that they may exercise their right to
prove Dominican nationality (OAS, 1999, pam.
323-324).
Following its on-site visit, the IACHR was informed by
the Dominican govemment that it had suspended the
expulsions as of September 30, 1991,
The UN Comtnission on Human Rights also investigated the Haitian problem and noted in its report of 1992
that there was "indiscriminate and arbitrary detention of
persons of Haitian origins," It offered this description:

The agents of the Dominican

Government,
particularly the police and the military, using force
and threats, are arresting and herding together
Haitians of every age and occupation. Those who
are to be expelled are imprisoned before being
taken to the Haitian fiontier, where they are lefi
with only the clothes they stand up in. Arrests
occur in the streets, in the fields, on the farms and
on construction sites. Some people are beaten up
and generally ill-treated at the places where they
are held before being deported. They have to leave
behind their possessions and their entitlements...
(UNESCO, 42)

According to the UN Commission, by taking such

actions the Dominican Republic violated Article 11 of
its Constitution, which stated that "everyone bom in
the Dominican Republic is Dominican, except for the
children of diplomats or people in transit," The Haitians
who were involved were not children of parents who
were in transit. The Commission also noted the violation of Article 7 of the Civil Code, which states that "all
persons bom on the territory of the Republic, whatever
the nationality of their parents, are Dominican," The
Commission maintained that to expel persons bom on
Dominican soil had the effect of depriving them of their
nationality (UNESCO, 43), It also noted the violation
of Article 20 and 22 of the American Convention on
Human Rights, as well as provisions of the Intemational
Covenant on Civil and Political Rights, the Intemational
Covenant on the Elimination of All Forms of Racial
Discrimination and the Convention on the Rights of
the Childall of which the Dominican Republic had
ratified (UNESCO, 44),
In June 1997, The IACHR undertook another
on-site visit to the Dominican Republic and heard
complaints conceming massive expulsions of Haitians
and some Dominicans of Haitian origin. Human rights
groups reported that an estimated 25,000 Haitians were
deported in January and February, and smaller numbers
were continuing to be expelled. According to testimony
given, the Govemment frequently denied those deported
the opportunity to prove that they were residing legally
in the Dominican Republic, Neither were they given a
chance to prove how long they had been in the country,
nor their conditions of employment nor family ties
with the country. There were also complaints that the
speedy and violent manner of the deportation made it
impossible for workers to take their property or collect
their wages (OAS, 1999, para, 325-327), This criticism
also was made:

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39

the deportees are held in establishments in which

they receive little or no food during their days of
confinement, and in some cases they have been
beaten by the Dominican authorities. At no time
are they allowed to inform their family members of
their expulsion (OAS, 1999, para. 328).

Likewise, incidents were reported where "children were

taken by force from their homes when the parents were
working," and "wives were deported while the husbands
were away from home (OAS, 1999, para, 328),
Intemational human rights organizations also have
attempted to improve the conditions of Haitian workers
in the Dominican Republic by bringing pressure to bear
on the govemment of the United States, In May 1989,
Americas Watch petitioned the U,S, Trade Representatives (USTR) to conduct an inquiry to determine if the
Dominican Republic was meeting the requirements set
forth in the U,S, trade laws regarding trade preferences,"
Although, the USTR, representing the President, is required to undertake periodic reviews to determine the
"continued eligibility" of any country receiving trade
benefits, it has been accused of failing to do so. When it
accepted the Americas Watch petition and began holding hearings on September 26, 1989 this was regarded
as a significant first step, Dominican officials were
perceived as not being very cooperative during the hearings. They were said to have responded to the charges by
denying them or by attempting to discredit the reports.
In this effort they cited Dominican law which prohibited
such abuse while disregarding the actual practices of
the abuses. The report noted that a greater effort was
made to "rebut evidence of violation" than to seek to
correct the abuses (AW, 1990, 49-51),
The USTR's review of Dominican labor practices
revealed significant evidence that forced labor was being used in the sugar industry. According to Americas
Watch, in spite of the information received, however,
the USTR did not suspend trade benefits, choosing,
instead to extend the review for another year, America
Watch concluded that in spite of the inaction of USTR,
its investigation made an impact on Dominican labor
practices. It noted that announcements conceming important reforms being made in the sugar industry took
place at the same time the nation was defending its
labor practices before the USTR and in its post-hearing
submissions (AW, 1991, 32), In spite of their efforts,
Americas Watch and other human rights organizations
have had only limited success in persuading the United
States to play a more active role in changing labor
practices in the Dominican Republic,
The stmggle to obtain better treatment for Haitians
40

in the Dominican Republic continues to be an ongoing

campaign of intemational human rights organizations.
On November 19,1999 the National Coalition for Haitian Refugees and several allied.
The USTR's review of Dominican labor practices
revealed significant evidence that forced labor was being used in the sugar industry. According to Americas
Watch, in spite of the information received, however,
the USTR did not suspend trade benefits, choosing,
instead to extend the review for another year, America
Watch concluded that in spite of the inaction of USTR,
its investigation made an impact on Dominican labor
practices. It noted that announcements concerning
important reforms being made in the sugar industry
took place at the same time the nation was defending
its labor practices before the USTR and in its posthearing submissions In spite of their efforts, Americas
Watch and other human rights organizations have had
only limited success in persuading the United States to
play a more active role in changing labor practices in
the Dominican Republic,
The struggle to obtain better treatment for Haitians
in the Dominican Republic continues to be an ongoing
campaign of intemational human rights organizations.
On November 19,1999 the National Coalition for Haitian Refugees and several allied organizations wrote a
joint letter to the president of the Dominican Republic
deploring the human rights abuses of Haitians and Dominicans of Haitian descent. It urged the government
to halt immediately the "on-going mass expulsions
and to conduct all legal reparations in accordance with
intemational due process guarantees,,," The letter while
conceding the sovereignty of the Dominican Republic,
insisted that "the methods used by the govemment to
control migration conform to the standards set forth in
legally binding intemational human rights agreements
to which the Dominican Republic is a party(NCHR,
1999),

Haitians in the Bahamas

Haitians who left their homeland and landed in the
Bahamas found it attractive for two reasons. Its more
promising economic conditions appealed to those who
were seeking a new permanent home, and secondly it
closeness to the United States made it a convenient waystation for those seeking to make their way eventually to
the American shores. Initially, Haitians were welcomed
to the country since they provided it cheap labor, but as
unemployment became a problem, and the large number
of Haitians began to overwhelm the Bahamian culture.

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the govemment made an attempt to regulate the fiow

of additional migrants into the country and took steps
to expel some who were there.
Dawn Marshall, in her book. The Haitian Problem
contended that the Bahamian policy toward illegal Haitian migration was determined, in part, by "the lack of
intemational concem," By 1967, however, the Haitian
problem had escalated and had become intemationalized. In response to the growing crisis, Dr, Francisco
Urrutia, representative of the United Nations Commission of Refugees, visited Nassau and discussed the
problem with the govemor, premier and the minister for
intemal affairs. Following his conferences, he expressed
satisfaction that the problem had developed because of
Haitian migrants and not refugees. Having determined
that the Haitians in question were not refugees, the
United Nations refused to become involved (Marshall,
121-122),
Two years later, the Bahamian govemment found
it necessary to respond to a hunger strike called by 93
Haitian prisoners to retain their freedom. In an open
letter, which attracted intemational attention, they cited
as their allies the International Commission of Human
Rights and the International Commission for Justice,
The prisoners posed a question as to what would be
the reaction of the intemational community if it was
aware that they were compelled to go on a hunger strike
in order to regain their freedom? The letter proceeded
to address problems which the signers would face if
deported:
By going to Haiti, fighting Duvalier, a lot of us
could die. We are not afiaid by the idea of death.
The watchword is "Freedom or Death" since we
can't have this freedom, we have decided to go to
the death by this hunger strike... enough is enough.
Freedom or death (Marshall, 122).

As a follow-up to the prison incident, the Bahamian

Govemment held discussions with other nations and
the United Nations, Contrary to the earlier statement
of 1967, an official of the UNHCR came to the Bahamas and offered assistance in resolving the problem.
As a result most of the Haitians retumed to Haiti and
for those who did not, homes were found elsewhere
(Marshall, 123),
In November 1980, following the Cayo Lobos
tragedy, the Bahamas became the center of intemational
criticism, once again. World attention was focused on
the way the Bahamian govemment responded to the
more than 100 boat wrecked survivors who landed on
one of its tiny islet. La Voz, a publication of the Ecu-

menical Center for Human Rights, with offices in Puerto

Rico and the Dominican Republic, called for multilateral involvement and specifically the intervention of the
UNHCR, Also appealing for intervention were Haitian
organizations in New York, Miami, Washington, Santo
Domingo, San Juan and Paris, They requested the UN
refugee organization:

to set up an intemational authority responsible

for organizing in a more human way the
conditions to which the Haitian refugees are
subjected wherever they land,

to require this international authority to watch

carefully the situation of the 25,000 refugees in
the Bahamas threatened with deportation after
Jan, 18, 1981,

to work for the analysis and the eventual

elimination of the real reasons that explain the
dramatic exodus of the urban and rural masses
from Haiti (La Voz),

The Miami Herald in an editorial of November

12, 1980, viewed the Cayo Lobos crisis as posing "a
test of the humanitarian instincts" of the United States,
Bahamas, Cuba and Haiti and it concluded that all four
failed the test. It expressed regret that nations would
argue over who had jurisdiction while the victims
"waited in vain for help," Although the Herald agreed
with the Bahamians in blaming the "despotic Duvalier
dynasty" for plundering and oppressing that "poverty
stricken land until its people's only hope is to flee,"
the paper did not hold the Bahamas blameless. The
editorial observed:
.. .it cannot excuse the Pindling government's long
delay in responding to the desperate plight of
the 118 human beings who were marooned on
Cayo Lobos. When people are near starvation,
they must be fed at once. Officials can argue
afterwards about jurisdiction (MIH).
According to the 1981 Country Reports on Human
Rights Practices, an annual summary of human rights
conditions of countries which receive foreign assistance
from the United States, there were between 12,000 and
20,000 illegal Haitians residing in the Bahamas, The
report noted that because of the small overall population of the Bahamas, the large number of immigrants
appeared to overwhelm the country. It acknowledged
the concern expressed by some Bahamians that the

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41

nation was becoming "too Hatianized," and that the

infiux of immigrants was overstraining the already
overburdened educational system. Effects also were
being felt in the areas of housing, health and employment (USDS, 1982),
In response to an invitation from the Govemment of
the Bahamas, the Inter-American Commission on Human Rights (IACHR) visited the country on May 22-27,
1994 to observe the condition of Haitian refugees. It
reported that during its visit, it found the Bahamian
Govemment to be very cooperative. Among the leaders
consulted were the prime minister, leader of the opposition and minister of social development. Interviews
also were held with the director of the Salvation Army
and representatives of various churches, On-site visits
to "shanty towns" throughout the nation also were undertaken. The Commission expressed satisfaction that
the Bahamas were providing for the fleeing Haitians a
variety of social services including education, which
was on par with that available to Bahamian children.
It concluded that the small nation "was absorbing a
proportionately larger share of the Haitian diaspora than
any other state in the hemisphere, a fact that weighed
heavily on its budget and on its infrastmcture," As a
consequence of this drain on the country, the Commission solicited support from the intemational community
to assist the Bahamas (OAS, 1994),
The U,S, State Department, in observing the Bahamian response to the infiux of Haitians, concluded that
the existence of an estimated 35,000 Haitian migrants
in the Bahamas was a very "sensitive social, economic
and political issue," It gave high grades, to the small
nation for respecting the rights granted to migrants in
its constitution. The State Department noted that following the retum of President Aristide to power the
Bahamas once again established relations with Haiti
and negotiated an agreement providing for the retum of
800 Haitians living in the Bahamas illegally per month
over a one year period. Free transportation and limited
financial incentives were offered by the Bahamas in
order to encourage Haitians to leave voluntarily, but
few accepted the offer USDS, 1996),
Again, during the spring of 2000, the Bahamian
policy toward Haitian boat people, became an issue of
intemational interest. The deportation of Haitians who
were shipwrecked without asylum hearing became a
concem of Amnesty Intemationala London-based human rights organization. On May 2,2000, it expressed
concem regarding the treatment of Haitian migrants in
the Bahamas, It maintained that these asylum seekers
should not be retumed to their home country until an
independent body has fully examined their individual
42

asylum claims. Amnesty perceived Haitians as "fleeing

a very volatile situation, where they may potentially be
exposed to persecution," It insisted that authorities of
the Bahamas assume responsibility for making sure that
this is not the case and to offer protection to Haitians
in need of it (Al),
Amnesty viewed the "imminent forcible retum of
asylum-seekers" as being motivated by practical consideration related to the large number of Haitians in the
country, but it did not consider that to be a justification
for evasion of responsibilities by the govemment of the
Bahamas, Amnesty insisted that the "planned forcible
retum of Haitian asylum-seekers" violated obligation
which the Bahamas accepted as a state party to the 1951
UN Convention relating to the Status of Refugees and
its 1967 Protocol, It accused the govemment of the
Bahamas of failing to ensure persons arriving in the
country in search of asylum "effective access to a full
and fair procedure to determine whether they would be
at risk of human rights violations if returned to their
country of origin,(AI)"
Amnesty also urged Bahamian authorities to adhere to intemational standards by ceasing immediately
their practice of detaining Haitians seeking asylum,
preventing them from having access to interpreters,
and acquiring legal assistance from the UNHCR and
non-govemmental organizations offering such services.
It noted that "asylum-seekers in the Bahamas are being held with common criminals, in conditions which
are inhumane, unsanitary and overcrowded" which it
viewed as "cmel, inhuman and degrading treatment,"
The Bahamas Government also was urged to abide
by intemational standards relative to the detention of
refugees under the age of eighteen. Amnesty suggested
that the Bahamas Govemment take steps to establish
procedures to determine asylum claims in keeping with
relevant intemational standards, including the establishment of "an independent and specialized decisionmaking body, with provisions for an effective appeal
against any decision to refuse asylum," The Bahamas
was requested to allow asylum-seekers to remain in the
country until the appeal procedure was completed (Al),
Specifically, Amnesty referred to 222 Haitian nationals who were detained in Fox Hill prison on April 28,
2000 and 123 who later were placed in the custody of
the Royal Bahamas Defence Force in Matthew Town,
Amnesty reported that Haitians who were apprehended
were not told of their right to apply for asylum nor
permitted to consult with legal counsel nor acquire the
aid of interpreters. Neither were they informed of their
right of access to the UNHCR (Al),

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Criticisms of the Bahamas have not been as harsh

as those directed at the United States and Dotninican
Republic, Many international critics appear to take
into consideration the small size of the Bahamas and
the large infiux of Haitians, Generally, the Bahamas
has been applauded for its efforts, and other nations
have shown a willingness to lend aid to the country in
resolving the problem.
Assessment
Abuse of Haitians in the diaspora has long existed
and it appears that it will continue to be a major problem
for the intemational cotnmunity for years to come. Advocates of human rights perceive a bias against Haitians
based upon their race and cultural background which
make them unwelcome in the three countries included in
this study. In spite of attempts to eliminate racial prejudice in the United States, discrimination based on race
is a standard feature of American life, Haitian refugees
were never extended the same welcome given refugees with similar complaints, and the blame has been
attributed largely to their skin color. Several studies
also revealed that black Haitians also face similar race
problems in the Dominican Republic, In the Bahamas,
which is predominately black, the problem is perceived
as being more of culture heritage than race. The small
population of the Bahamas can easily be overwhelmed
by an influx of Haitian with a different heritage. This
study found that the greater the influx of Haitians in
either of the countries during a given period the harsher
are the measures used against them.
Advocates of human rights have sought to alleviate
the plight of Haitians by bringing pressure to bear on
the host nation, Intemational embarrassment has been
one of the weapons which they have used to persuade
offending nations to adhere to their human rights
obligations. The most common response by the three
nations was to seek to limit the flow of Haitians into
their countries through bilateral treaties. While these
agreements might have been satisfactory to the consenting nations, they did not give consideration to the needs
of those who felt compelled to leave their homeland,
Intemational human rights organizations have criticized
these treaties, noting that they violate the rights of the .
fieeing Haitians and, for the most part, organs of the
United Nations and OAS have agreed.
When human rights advocates failed in their efforts to influence the accused nations, they appealed
to "third nations" which were in positions to influence

the offending nation. Illustrative of this were continued

efforts of human rights organizations to persuade the
United States to use its infiuence to alleviate the abuse
of Haitian migrant workers in the Dominican Republic,
The assumption was that the United States, as its major
trading partner, could use trading preference and foreign
assistance as major weapons to secure Dominican adherence to intemational law. The United States has been
criticized for not using options available to it to relieve
the Haitians' plight both at home and abroad.
Failing to achieve its goal by appealing directly
to the host nations and those nations which have influence upon them, human rights advocates have tumed
to organs of the Organization of American States and
the United Nations, Chapter VIII of the United Nations
Charter encourages the solution of problems within regions when possible. With that in mind, it has been the
Inter American Commission on Human Rights of the
OAS which has heard most of the complaints conceming abuse of Haitians in the Bahamas, Dominican Republic and the United States, Its involvement has been
almost continuously in the Dominican Republic and
periodically in the Bahamas and the United States,
The United Nations High Commission for Refugees also has been involved in a search for a solution
to the problem. Records indicate that it has investigated
abuses in all three countries and has attempted to work
with the host countries in finding solutions. Also concemed because of the subject matter is the Intemational
Labor Organization which has been involved in efforts
to alleviate the plight of Haitians in the Dominican Republic, most of whom are abused tnigrant laborers rather
than political refugees. These and other international
organizations have fallen short in efforts to alleviate
the plight of the Haitians
While intemational organizations associated with
the Organization of American States and the United
Nations have been helpful in their efforts to relieve
Haitians of their plight, more credit should be given
to non-govemmental organizations, in particular the
intemational human rights organizations. Efforts by the
intemational organization often resulted from initiatives
of the human rights organizations. While nation states
have been hesitant in bringing charges against other
nations states, intemational human rights organizations have been more daringpresenting most of the
petitions to the IACHR and UNHCR, As in the past,
suffering Haitians in the diaspora will have to continue
to look to the intemational human rights organizations
for relief.

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43

References
Abbreviations
Al
AW
HMIA
IIRLG
ILO
NCHR
OAS
USCR
USDS
UNESCO
WCC

Amnesty Intemational
Americas Watch et, al,
Haiti: Migrants Interdiction Agreement
Intemational Human Rights Law Group
International Lahour Organization
National Coalition for Haitian Refugees
Organization of American States
U,S, Commission on Civil Rights
United States Department of State
United Nations, Economic and Social Council
World Council of Churches

Amnesty Intemational (2000), "Bahamas: No Safe Haven From Persecution," News Service 080/00 Al Index: AMR 14/04/00,
2 May,
Americas Watch et, al, (1991), "Half Measures: Reform, Forced Labor and the Dominican Sugar Industry," New York,
March,
(1990), "Harvesting Oppression: Forced Haitian Labor in the Dominican Sugar Industry," New York, June
Carreno, Edmundo Vargas (1980), Cablegram to Cyrus Varee, Secretary of State (U,S,A), April 7,
Crasweller, Robert D,, (1966), Trujillo The Life and Times of A Caribbean Dictator, New York: The Macmillan Company,
Crossette, Barbara (1992), "U,N, Official Rebukes U,S, on Haitians" New York Times May 28,
Greenhouse, Steven (1994), "U,S, is Besieged by Appeals to Allow More Haitians In," New York Times May 11, A5,
Haiti: Migrants Interdiction Agreement" (1988), Signed September 23, 1981, United States Treaties and Other International
Agreements V, 33, Part 4,1979-1981, Washington, DC: U,S, Govemment Printing Office, 3559-3561,
Intemational Human Rights Law Group-U,S, (1979), "Complaint Alleging a Violation of Human Rights in the United States
of America," Submitted to the Inter-American Commission on Human Rights, Washington, DC, June 22,
Intemational Labour Organization, Report ofthe Commission ofInquiry (to examine the observance of certain labour conventions
by the Dominican Republic and Haiti with respect to the employment of Haitian workers on the sugar plantation of
the Dominican Republic), Geneva, Switzerland, 1983,, pp, 135-136,
La Voz, December 1980,
Miami Herald, Nov, 12, 1983, "Morality and Cayo Lobos"
Marshall, Dawn L, The Haitian Problem Mona Kingston Jamaicajnstxite of Social and Economic Research, University of
the West Indies, 1979, P, 121-122,
National Coalition for Haitian Refugees, Feb, 12, 1997, "OAS Vindicates NCHR Claims on Refugee Policy,"
, November 1999, "Haitian Rights Group Argues for Regional Approach in Response to New Round of Dominican
Expulsions of Haitian Immigrant," Haiti Insight Online,
Organization of American States, Annual Report_Sist Session, OEA/Ser, L/ 11,81 rev, I, Doc, 6, 14 February 1992,
pp,258-259,
, Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Haiti.jOEA/Scr.L/
VH,85, Doc, 9 Rev,, February 11,1994,
, Inter-American Commission on Human Rights, "Visit of Observation on the Haitian Refugee Situation in the
Bahamas" in Report on the Situation of Human Rights in Haiti MRE/RES, 6/94, Washington, DC, 1994,
, Inter-American Commission of Human Rights, Report on the Situation of Human Rights in the Dominican Republic
OEA/ Ser L/V/II, Doc, 49, Rev, 7,7 October 1999, para, 319-320,
U,S, Commission on Civil Rights, The Tarnished Golden Door.Washington, DC: U, S, Govemment Printing office, 1980,
United States Department of State, Memorandum in Response to the Complaint Alleging a Violation of Human Rights in the
United States of America Washington, DC, Feb, 1, 1980, p, 4,
, "Bahamas Human Rights Practices," in Country Report on Human Rights for 1981 Washington: U, S, Govemment
Printing Office, 1982,
, "Bahamas Human Rights Practices," in Country Report on Human Rights for 1995, Washington: V.S. Govemment
Printing Office, 1996,

44

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United Nations, Economic and Social Council, Commission on Human Rights, (1992) "Advisory Service in the Field of
Human Rights," an Addendum to the Report on the Human Rights Situation in Haiti," prepared by Marco Tulio
Bruni Ceffi,
, Commission on Human Rights (1992) "Advisory Services in the Field of Human Rights, Report on the Human
Rights Situation in Haiti," prepared by Marco Tub Bnmi Cef, Independent Expert, in accordance with Commission
on Human Rights Resolution 199 1/77, Doc, E/CN,4/1992/50, 31 January 1992,, p, 42,
World Council of Churches, 1980, Sold Like Cattle Haitian Workers in the Dominican Republic, Geneva Switzerland,

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