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a1830: Public Statement re Haitian Refugees in the USA (fwd)



From: Max Blanchet <MaxBlanchet@worldnet.att.net>
From: <pwilhite@amnesty.org>


> AMNESTY INTERNATIONAL
>
> Public Statement
>
> AI Index:       AMR 51/066/2002    (Public)
> News Service No:         76
> 29 April 2002
>
>   USA: Stop discriminating against Haitian asylum-seekers
> Amnesty International today expressed concern that asylum-seekers from
> Haiti are being subject, as a matter of course, to indefinite detention in
> the USA without adequate opportunity to present their claims for asylum
> and in conditions which are unsuitable for refugees.
>
>         Amnesty International is also disturbed at reports that a
> substantial number of Haitian asylum-seekers who have shown a credible
> fear of persecution in Haiti have been ordered deported. The organization
> fears that more Haitian asylum-seekers may face the same fate.
>
>         A lawsuit, filed in mid-March by immigration attorneys and Haitian
> rights advocates on behalf of Haitian asylum seekers in Miami, Florida,
> alleges that the US government is discriminating against Haitian asylum
> seekers, including those who have shown they have a credible fear of
> persecution in Haiti, by continuing to detain them as their  claims
> proceed, while  refugees from other countries are released.  Those whose
> claims are pending include a woman opposition activist who claims she was
> raped and beaten by a local political leader of the pro-government Lavalas
> party after she helped campaign for the opposition party.
>
>         The lawsuit describes how -- contrary to previous policy under
> which Haitian asylum seekers who had demonstrated a credible fear of
> persecution in Haiti were regularly released within a few days of arriving
> -- the Immigration and Naturalization Service (INS) is holding them for
> months in overcrowded and unsanitary conditions where they endure harsh
> treatment and abuse. It also claims that the process for dealing with
> Haitian asylum claims has been speeded up, depriving applicants of a full
> and fair opportunity to present their asylum claims,  with many going
> without legal representation as a result.  In addition, the lawsuit
> alleges that efforts to provide legal representation to Haitian
> asylum-seekers are being severely hampered at detention centres such as
> the Krome Processing Service Center near Miami and the Turner Guildford
> Knight Correctional Center (TGK), a maximum security jail in Miami.
>
>         Amnesty International is concerned at allegations that women
> detainees taken to TGK in Miami are suffering especially harsh treatment.
> This includes: verbal abuse and insults by guards; frequent cell
> "lockdowns" for hours at a time; and inadequate provision of food, medical
> care and exercise facilities.
>
>         In March, in responding to the lawsuit, the INS admitted that its
> new policy of detaining Haitian asylum seekers was to deter other Haitians
> from attempting to enter the USA and to avoid further risk-taking.
> International standards provide that asylum-seekers should not normally be
> detained, furthermore the United Nations High Commissioner for Refugees
> has recently stated that the detention of asylum seekers for deterrence
> purposes is contrary to international refugee law and that detention of
> asylum seekers based on national origin is discriminatory and would
> constitute arbitrary detention.
>
>         Amnesty International is calling on the US authorities to fully
> reinstate the government's previous policy regarding Haitian
> asylum-seekers; to ensure that all Haitian asylum-seekers have a full and
> fair opportunity to present their asylum claims; to take immediate steps
> to ensure the safety and well being of women asylum seekers at TGK; not to
> deport anyone who has shown a credible fear of persecution; and to find
> more suitable alternatives to housing asylum seekers than local jails.
>
> Background
> The new INS policy was put into place after 167 Haitians were rescued by
> the US Coast Guard from a boat in difficulties off the coast of Florida in
> December 2001.  More than 270 Haitians with a credible fear of persecution
> in Haiti  have been detained since December.  While the INS recently
> released a small number of Haitian asylum seekers, announcing that it had
> amended its policy of non-release, Amnesty International understands that
> this amendment is very limited in that it will affect only a handful of
> Haitians who arrive in the USA by air (while the majority of Haitians
> arrive by boat). Moreover, the amended policy still requires Haitian
> asylum-seekers to complete excessive documentation not required of other
> groups seeking asylum.  Haitians arriving by boat are reportedly still
> being detained without exception.
>
>
>
> Public Document
> ****************************************
> For more information please call Amnesty International's press office in
> London, UK, on +44 20 7413 5566
> Amnesty International, 1 Easton St., London WC1X 0DW.  web:
http://www.amnesty.org
> web: http://www.amnesty.org
>
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