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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