Gov't considers granting legal landing to Haitian asylum seekers

By Halshane Burke  

 

The government is awaiting legal opinion to determine the status of over 50 Haitians who have applied for asylum.

 

National Security Minister Dr. Horace Chang told Radio Jamaica News that the government is seeking legal opinion with a view to granting legal landing to the asylum seekers.

 

Dr. Chang said landing would be for a period of one year.

 

The Haitians arrived in the island via boat after fleeing instability in their country.

 

Despite criticisms, the government has been quickly repatriating Haitians who they say have entered Jamaica illegally.

 

Gov't not absolved 

 

Attorney-at-law and founder of Freedom Imaginaries Malene Alleyne has said while she welcomes the humanitarian stay option, it does not absolve the government of its responsibility to resolve the humanitarian situation.

 

Ms. Alleyne said the Haitians have been languishing for over a year without any clear indication as to their future.

 

"While we welcome a humanitarian stay option, I just want to emphasize that it does not displace the government's obligation under the Refugee Convention to grant refugee status to persons who are eligible. And, you know, the Refugee Convention makes it very clear, and we do have a refugee policy. And so, while we would welcome any humanitarian option that would alleviate the very difficult situation that they're in right now, we just want to emphasise that we still expect that their asylum claims would be considered," she stressed. 

 

Ms. Alleyne pointed out that, at present, the Haitians are being housed in less than ideal conditions.

 

"They have been in limbo since July of 2023. They don't have papers to work. It's difficult for them to establish themselves, earn a decent living and support themselves. They're not getting adequate access to medical care because there's no process in place. And so, the protocol right now is for them to call me, their attorney-at-law, and then for me to ask the police to take them, and the police constantly say there's no vehicle to take them. So they're languishing," the attorney complained, adding that there is currently no electricity where the asylum seekers are being housed. 

 

"They say they're not getting adequate meals because, you know, there's not enough food. The children are suffering. They haven't been in an education system since they came here in July [2023], which means that for over one year, young children have not had access to education," she lamented. 

 

Ms. Alleyne has pledged to keep up the fight to defend the rights of the Haitians. 

 

"There is a process that is articulated under the 2009 Refugee Policy, which we will exhaust. And there is also a constitutional claim that's before the court, which I won't discuss in detail, except to say that there are serious human rights issues, constitutional rights issues that need to be resolved. And so we'll be exhausting those remedies before the court," she said.