20602: O'Brien: Bishop Wenski's statement on asylum (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Martha O'Brien <mmcpeob@earthlink.net>

Haiti's political crisis has made news headlines in recent weeks. Unrest on
this island nation has brought on a humanitarian situation and resulted in
a steady flow of people searching for a safe haven in the U.S. In a recent
article that appeared in the Orlando Sentinel, the coadjutor bishop of the
Catholic Diocese of Orlando and chair of the U.S. Catholic Conference's
Committee on Migration, Bishop Thomas Wenski, questions U.S. asylum policy
as it relates to Haiti. He urges the administration to reverse its refugee
policy towards Haitians and make it more "just and humane" as the country
endures yet another difficult phase in its history.

Learning to shout: The only way Haitians can seek asylum By Bishop Thomas
WenskiMarch 14, 2004

The U.S. government's response to Haitians fleeing the violence in their
country sets a dangerous precedent that is inconsistent with our nation's
honored tradition of protecting refugees.Each night for the past several
weeks, Americans have witnessed on their televisions the chaos and terror
enveloping a country in the midst of civil and political unrest. Naturally,
Haitians in danger have attempted to flee their island in search of
protection. Little did they know that they had to shout, and, in some
cases, jump up and down or wave their arms to find it.Since the beginning
of the crisis, more than 900 Haitians have been returned to Haiti by the
U.S. Coast Guard. Only three have been held for asylum interviews.Why?
Because the U.S. government requires Haitians with an asylum claim to
"shout" their claim once aboard a cutter. They also can jump up and down or
wave their arms. Otherwise, they will not be screened to determine if
return to their homeland will result in further persecution or harm to
them. Apparently only a few Haitians even knew to act this way, and the
rest were out of luck and headed back to danger.Such a requirement violates
accepted norms of asylum protection as well as international law, which
states that people fleeing persecution should have an opportunity to
articulate their need for safe haven before qualified adjudicators. U.S.
officials at least provide a hint to interdicted Cubans, inviting them to
come forward if they have matters ("asuntos") they want to discuss, and
Chinese are given a written questionnaire in their language. It has been
reported that no one aboard the Coast Guard ships can even speak Creole,
the native language of Haitians.This is only one example of the
discriminatory policy being pursued by our government toward Haitian
refugees. As we have learned since a boat of Haitian refugees was seized
off Key Biscayne in October 2002, those who make it to the United States
are detained for months until their asylum claims are heard. They have
little access to counsel, family members or other support services. The
majority are eventually returned to Haiti. In fact, the U.S. government
continues to deport Haitians back to their homeland, even as it is rife
with violence, chaos and terror.Recently, President Bush declared that all
Haitian refugees would be returned to Haiti without exception. It is indeed
troubling when the leader of the Free World slams the door on those who
flee terror and seek freedom. Such a statement does not go unnoticed by
members of the international community and contributes to the loss of U.S.
moral authority in the world.The introduction of an international
peacekeeping force will, over time, help stabilize the situation in Haiti
and bring some order to the streets. This should not alleviate the moral
obligation of the United States to appropriately screen and adjudicate the
claims of Haitians who validly fear return to their country. While such a
force will halt the random violence prevalent prior to its arrival, at
least in the short term it will not be able to prevent both rebel and
former pro-Aristide elements from exacting retribution on each other.The
United States should reverse course and adopt a just and humane policy
toward Haitian refugees. It should include several elements, including
adjudication in a safe environment, preferably in secure zones within Haiti
or in the United States; the provision of supportive social and counseling
services; and access to pastoral and religious services. In addition,
Haitians in the United States should be granted temporary protected status,
including a suspension of deportations, at least until their country is
stabilized and a viable government and police force are established.With
God's help, the crisis in Haiti eventually will lead to a better future for
the troubled land and for its citizens. In order to achieve this end, not
only will direct U.S. assistance and security be required, but so will an
asylum policy that offers real protection to Haitians who face harm.
Justice demands that the cry of the Haitian refugee be heard, even if it's
only a whimper.



--- Martha O'Brien
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