Haiti and the Haitian Diaspora in the Wider Caribbean: The Making of an Atlantic Slave Society, 1775–1807

6. Refugee Rights in the Caribbean: A Study of Haitians in Jamaica

6 Refugee Rights in the Caribbean A Study of Haitians in Jamaica Sharon E. Clarke ...portrayedasstatelesswandererswithunimpededreachtocoastalwaters...The discourse distances their plight from the human rights abuses, from the conflict and dysfunctional inequalities in the global economic system . . . and their need for humanitarian assistance is usually ignored in presenting the issue. Mark Pugh, “Drowning Not Waving: Boat People and Humanitarianism at Sea.” Introduction: A Case of Historical Solidarity? Throughout their history, from colonial times to the present, Haitians fleeing their land have sought and found refuge in Jamaica. At the time of the Haitian Revolution, many French planters, often bringing along their slaves, relocated to Jamaica. In the nineteenth and twentieth centuries, exiled politicians or other members of elite families found in Jamaica a place of refuge from political persecution. However, Haitian presence in Jamaica remained relatively insignificant for many years. It was not until 1991, when President Jean-Bertrand Aristide was ousted, that Haitians began to arrive in Jamaica in noticeably larger numbers. Forty were granted refugee status in 1991, and another six in 2002.1 Over time, an estimated 1,000 Haitians settled in Jamaica . Having previously supported the Aristide regime and objecting to his latest ouster amid controversial circumstances in January 2004, the island maintained its political solidarity with the former regime. Thus Aristide found refuge in Jamaica before heading to Africa, much to the chagrin of the United States’ Bush administration and the Haitian interim government which threatened to “ . . . freeze relations with Jamaica and CARICOM.”2 An article in the Jamaican press in April 2005 entitled “More Security Needed For Haitians” triggered the enquiry that follows.3 This study contributes to forced migration literature within a geographical region not generally associated with “refugee” issues. To that end it con- 122 / Sharon E. Clarke cerns itself with international refugee and human rights law, and by virtue of the subject, forced migration in developing societies. By focusing on the most recent Haitian refugees in Jamaica, my research analyzes how policy toward Haitian refugees is determined and how Haitian identities are produced and reproduced in response to those policies. What became apparent is that “ . . . who is a refugee is as much a matter of pragmatic political interpretation as one based on international law or supranational humanitarian imperatives” (Zetter 1999). Stephen Vasciannie (1996), previously argued that following U.S. geopolitical considerations, the Jamaican government, in its dealings with refugees has a “ . . . perception that refugee matters are almost exclusively concerned with political concerns” (Vasciannie 1996: 3–4).4 This study found that while the Jamaican government’s initial response appeared favorable to the initial influx of Haitian refugees, the processes for determining refugee status and the ultimate treatment of the Haitian refugees left much to be desired. The processes were based on the assumption that the refugees as a group would remain in Jamaica for as short a time as possible. The issues of real potential risk in individual circumstances were largely ignored. Methodology: A Multi-Dimensional Strategy Using an anthropological case study approach and international human rights instruments, this work explores the phenomenon of forced Haitian migration to Jamaica during the political crisis that shook Haiti in 2004–2005 (See Brownlie and Goodwin-Gill 2002). It also discusses the response of the Jamaican government (henceforth “GoJ”) to the Haitian refugee influx.5 This enquiry, carried out over nine months, began with a fundamental question: how had the GoJ used international treaties and conventions to provide protection for Haitian refugees reaching its shores and seeking asylum? At the initial stages of this research, I determined that I needed a focused group of informants for collecting credible primary sources. I first arranged -a meeting with government officials in advance of my arrival in Jamaica. I was also fortunate enough to be introduced to a prominent Jamaican queen’s counsel (henceforth “QC”) with direct contact to the Independent Jamaica Council for Human Rights (henceforth IJCHR).6 This affected the snow- Refugee Rights in the Caribbean / 123 ball technique of purposive sampling and proved to be highly successful. In addition to my meeting with government officials, I was able to meet and conduct in-depth interviews with the legal officer of the IJCHR who acted as counsel for the Haitian refugees. This gave me access to case files and opportunities to meet with IJCHR’s Haitian clients. The office of the IJCHR facilitated interviews with the local representative of the United Nations High...