A/HRC/11/5
76. The independent expert intends to continue exploring this matter during his
next missions and to report to the Human Rights Council on, inter alia, the issues of
kidnapping, adoption and forced labour of children under the restavek (“stay with”)
system.
E.
Deportee issue
77. The independent expert’s attention has been drawn to the fate of persons
referred to as “deportees”, Haitian nationals expelled from Canada or the United
States of America after committing a crime. They are either illegal migrants who are
expelled for violating immigration laws or legal migrants who are expelled after
completing their sentences in the receiving country for major or minor offences.
Over the last twenty years, at least 5,000 Haitians have been deported, most often
for non-serious crimes, 11 such as unlawful residence, use or possession of small
quantities of drugs and domestic violence. A marked increase in the number of
deportees has been observed in recent months. Since 1996, deportees arriving from
the United States or Canada are immediately incarcerated in Haitian territory, those
with the worst records being taken directly to the National Penitentiary for at least
three months.
78.
From a human rights perspective, deportation raises at least two issues:
(a) Managing deportees’ potential impact on public safety and crime in the
country: Deportees may possibly reoffend in Haiti and bring crime into the country.
However, without reliable statistics and data it is impossible to establish any links
between deportees’ entry into Haitian society and their individual records or to
know the actual number of deportees who relapse into crime;
(b) Respecting citizens’ rights: Most Haitian deportees are lawful residents,
having left their country of origin at a very young age. 12 They have adapted to the
receiving country and been socialized there. For the most part they speak neither
Creole nor French.
79. The independent expert commends the pilot project on the resettlement,
rehabilitation and reintegration of Haitian deportees, which is being executed by the
International Organization for Migration (IOM) in partnership with the Haitian
Government, the support work being carried out by deportees’ associations and the
help provided by families who actively assist the resettlement of deportees. He
recommends that, as part of a balanced debate on migration and deportation, the
image of “deportee crime” portrayed in Haitian society be made the subject of an
appropriate communication, that deportees’ return be handled by a reception
procedure and facility, and that consulates fully play their part in the administration
of the deportation process.
80. The independent expert has also expressed his concern regarding information
to the effect that the United States had planned to expel tens of thousands of
migrants unlawfully residing in its territory and has requested the American
__________________
11
12
Out of a sample of 603 deportees who arrived in Haiti between October 2006 and April 2007,
only 3 per cent had committed serious crimes involving the use of criminal violence.
The average age of deportees leaving Haiti is between 4 and 7 years and of those returning to
Haiti is between 28 and 48 years.
19
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