29294: Arthur (news) Letter to Fernandez - Haiti/DR (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Charles Arthur <charlesarthur@hotmail.com>


3 October 2006

His Excellency Doctor Leonel Fernández
Constitutional President of the Dominican Republic
Palacio Nacional
Santo Domingo, D. N.

Dear Mr President,

The undersigned British non-governmental organisations wish to express in 
public our concern at the situation currently faced by Haitians and 
Dominico-Haitians in the Dominican Republic.

We hope that you share our concerns. It seems that your government has started 
to take steps to reduce discrimination against these communities, as indicated 
by the announcement of your foreign minister, Dr. Carlos Morales Troncoso, at a 
recent General Assembly meeting of the Organisation of American States in June 
2006 that the DR will comply with the ruling of the Inter-American Court of 
Human Rights of 8 September 2005 on the Yean and Bosico vs Dominican Republic 
case. We presume this announcement means that the Dominican government will now 
implement the reparations ordered by the Inter-American Court, including the 
dissemination of the ruling, a public apology, compensation for the victims, 
the provision of human rights training for state officials, the granting of 
access to primary education to all children and the reform of the birth 
registration process, amongst others. It is clear that such reforms will reduce 
institutional discrimination, not only against Dominicans of Haitian descent 
but also against poor and marginalised Dominicans in general. Therefore we very 
much welcome your government’s stated compliance with the Court’s ruling.

However we would like to highlight our concern about some continuing human 
rights violations, as mentioned below.

Deportations

The mass and arbitrary deportation of those thought to be illegal immigrants 
continues to underpin Dominican migration policy, in spite of assurances made 
by yourself in July 2005 that illegal Haitian migrants would be repatriated 
`using certain criteria, and in accordance with the law and with respect for 
international norms’ and your assertion at that time that you were opposed to 
mass deportations.

We do not question the sovereign right of the Dominican government to deport 
illegal migrants and recognise that migration into the DR must be controlled. 
But we do question the manner in which deportations are carried out.

> From January to June 2006, the Dominican Department of Migration (Direccion 
General de Migracion) with the assistance of the Dominican Army, repatriated 
16,115 undocumented Haitians. The majority of these people were deported by 
means which contravened international norms and also the minimum standards 
drawn up between the Dominican and Haitian authorities in 1999 (and confirmed 
in 2002), according to reports we have received from a number of 
non-governmental sources. Deportees’ testimonies indicate a consistent pattern: 
in many cases, migration officials violently broke into houses and aimed guns 
at the occupants, then tied them up and threw them onto buses without giving 
them any chance to explain themselves or produce identity documents or inform 
their families or collect their belongings. Many deportees report that prior to 
repatriation, they were locked up in detention centres where they were 
frequently assaulted by officials and denied any food or water.

Violence perpetrated by border officials

We regret the fact that Dominican soldiers and border officials still appear to 
be perpetrating violent and illegal acts against Haitian traders and migrants 
in the border region. On 19 July 2006, for example, we received media reports 
of a Haitian female market seller having been savagely beaten by a Dominican 
soldier at the binational market in Dajabón because she refused to give the 
soldier a bag of rice she was taking to market. Also in July we received 
reports that Dominican soldiers had killed two Haitians apparently attempting 
to enter Dominican territory. We would like assurances that the soldiers 
accused of perpetrating these acts have been suspended from service and that 
these alleged acts of violence are being fully investigated.

Illegal people trafficking

In spite of legislation approved in the Dominican Republic in August 2003 to 
tackle illegal people trafficking into Dominican territory, the indications are 
that such trafficking is continuing and indeed increasing. As you know, such 
trafficking involves abuse and exploitation of poor Haitians on a grand scale 
and often ends in tragedy as was the case in January 2006 when 25 Haitians 
suffocated to death in the back of an airless and overcrowded truck. It also 
encourages corruption amongst state officials. We therefore appeal to you to 
engage with the new Haitian administration over how to tackle people 
trafficking as a matter of urgency. Above all, we believe that greater efforts 
should be made to facilitate legal migration into the DR by improving the 
procedure and reducing the cost of obtaining Dominican visas.

Mob attacks

We continue to be concerned by the reported incidence of mob attacks against 
individuals presumed to be Haitian or of Haitian descent, often in retaliation 
for crimes allegedly perpetrated by these individuals. It would appear that 
there is a growing tendency for individuals to take the law into their own 
hands instead of pursuing their grievances through the police, migration or 
judicial authorities. Since early 2006, several further incidents of this 
nature have come to light, including the following:
· On 8 March 2006, two Haitians alleged to have brutally murdered a local mayor 
in Yabonico were doused with petrol and set on fire by relatives and neighbours 
of the murdered mayor.
· On 30 January, mobs in northern DR burned at least two homes of Haitian 
migrants and beat at least six Haitians with staves, in retaliation for an 
alleged attempted rape by two Haitians.
· On 22 January, seven people were wounded and 27 houses – some belonging to 
Haitian families – were torched in a poor neighbourhood in Guerra, in 
retaliation for the death of a Dominican air force sergeant.

In view of the above, we urge the Dominican government to:

· Formulate and implement just migration policies based on both the Dominican 
Republic’s economic necessities and on respect for migrants’ human rights.

· Ensure that all deportations are carried out in full conformity with 
Dominican laws and international human rights standards and with the minimum 
standards agreed with the Haitian authorities in 1999 and 2002.

· Agree a plan of action to combat illegal trafficking, in cooperation with the 
Haitian government and civil society organisations on both sides of the border, 
and improve procedures for legal entry into the DR.

· Investigate fully cases where popular opinion accuses Haitians or 
Dominico-Haitians of the murder of a Dominican citizen; ensure that those 
responsible for the crime are brought to justice, in full respect of the law 
and human rights norms; and make a public statement to discourage all concerned 
from taking justice into their own hands.

· Ensure that the police take prompt action to restore law and order in 
situations when one section of the population is accused of a crime and another 
group appears to intend to take violent action in revenge.

· Ensure that the police and judiciary carry out full investigations of the 
violent crimes enumerated in this letter, and bring those responsible to 
justice, in full respect of laws and human rights standards.

· Reprimand public officials that make statements inciting hatred or xenophobia 
regarding the Haitian and Dominico-Haitian population, and suspend state 
officials accused of crimes while these are investigated.

· Guarantee and protect the right of civil society organisations to carry out 
work to defend the human rights of all communities in the Dominican Republic.

· Ensure respect of the constitutional provision regarding the right of all 
persons born in the Dominican Republic to Dominican citizenship; accordingly, 
we call on the Dominican government to fully implement the judgement in Yean 
and Bosico vs. Dominican Republic (Inter-American Court of Human Rights, 8 
September 2005) and to ensure that Dominican migration legislation is in 
conformity with this judgement.

· Introduce simpler and more transparent procedures for Dominicans and 
Dominico-Haitians to secure identity papers and for Haitian immigrants to 
secure the necessary employment and residency papers so that Dominicans, 
Dominico-Haitians and Haitian immigrants can access public services such as 
schooling.

· Ensure that clear, transparent mechanisms exist for migrants resident in the 
Dominican Republic for a number of years, in particular those recruited to work 
for companies based in the Dominican Republic, to apply for residence.

Finally we appeal to the Dominican authorities to collaborate closely with the 
new Haitian administration over the elaboration of migration policies and 
border controls that will prevent tragedy, eliminate human rights abuse and 
corruption, regulate migration flows and harmonise relations between the 
inhabitants of both countries to the mutual benefit of all concerned. 
Accordingly, we welcome the announcement of 8 August that the Binational Mixed 
Commission is being revived and that a meeting is planned in the near future 
between yourself and President Preval.

We thank you for your attention to this matter and look forward to receiving a 
response.

Yours sincerely

Dr Daleep Mukarji
Director
Christian Aid

On behalf of:

Raphael Yves-Pierre
Director
Action Aid International Haiti-RD

Charles Arthur
Director
Haiti Support Group

Mark Lattimer
Director
Minority Rights Group International

Barbara Stocking
Director
Oxfam GB

Marie Staunton
Executive Director
Plan UK

Andy Atkins
Advocacy Director
Tearfund

_________________________________________________________________
Be the first to hear what's new at MSN - sign up to our free newsletters! 
http://www.msn.co.uk/newsletters