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12086: RE: 12061: Re: 12049:Paul Parks replies to Pina (fwd)




From: Dina Paul Parks <DPParks@nchr.org>

Mr. Pina,

Although others have tried to express NCHR's position, you are  apparently
still confused about what we do and why we do it.  As NCHR's Executive
Director, the onus is clearly on me to give it one more try.

To dispell any misunderstanding about what type of issues NCHR addresses,
let me quote you from our mission statement. "NCHR ... seeks to promote and
protect the rights of Haitian refugees and Haitian-Americans under U.S. and
international law, and to advance respect for human rights, the rule of law
and support for civil and democratic society in Haiti."

If you go back and read all of the statements and releases that we have
issued about this latest round of double standard treatment for Haitian
asylum seekers, you will notice two recurring themes:  due process and equal
protection under this nation's asylum laws.  Not once did we claim that
every Haitian asylum seeker had valid asylum claims, nor that all Haitians
seeking to enter this country should be given free reign to do so.  Indeed,
we have not interviewed the more than 250 people that are being detained
right now, so I cannot tell you how many, if any, of them have been been
beaten, tortured, raped, etc., but as an obviously well-informed man, you
are aware that that is not the purview of NCHR.  That is the INS' job -- we
just want to make sure that they do their job well.  What we are asking for
is that any Haitian who comes to these shores seeking asylum be given a real
and fair opportunity to prove his or her case, as are people of EVERY OTHER
NATIONALITY THAT COME TO MIAMI by either plane or boat.  THAT CANNOT HAPPEN
IF THEY ARE LOCKED UP IN JAIL, having detention officers who do not even
speak their language filling out their asylum applications or if the few who
have managed to find lawyers do not have the opportunity to confer with them
and prepare a case.

Regarding international aid, it is important to understand that as tempting
as it may be to combine that issue with that of US immigration policy
because many of the actors are the same, the two subjects are separate and
distinct.  The fact that NCHR advocates for the equal treatment of Haitian
refugees and asylum seekers in no way affects our ability to apply a
rational, measured analysis to the current situation in Haiti.  Indeed,
despite the fact that members of our own NCHR-Haiti network have been shot
recently, that more than 50 journalists have fled the country in the past
few months, that justice has still not been done in the Jean Dominique case
-- just to name a few of our concerns as a human rights organization -- we
have pushed for a very balanced approach to this question.  In a March
policy brief (which serves as the basis for our advocay on this issue and
which I am more than happy to forward to you), we acknowledge that despite a
number of failings on the part of the Haitian government, the fact remains
that certain responsibilities can only be taken on by the State and that
resources are necessary to fulfill those obligations.  Consequently, we call
for the incremental release of aid based on certain good faith steps from
the Haitian government (for which no money is needed and which, importantly,
do not involve the interaction with the opposition) and strict, independent
oversight.  We do not, however, endorse a blank check.

I hope that this clarifies not only our position but the values that
undergird it.  As the new leader of this amazing organization with a 20-year
track record of concrete successes, I am well aware that NCHR has its share
of supporters and detractors.  This organization will continue to pursue and
advocate for policies that make a meaningful positive difference in the
lives of hundreds of thousands of Haitian lives, however, and I am proud to
build on that.

Dina Paul Parks
Executive Director, NCHR