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Geneva (March 20, 2024) - In the sharply deteriorating security, human rights, and humanitarian situation, UNHCR, the UN Refugee Agency, today issued new legal guidance to ensure that international refugee protection is provided to Haitians who may need it.
"GENEVA (March 20, 2024) - In the sharply deteriorating security, human rights, and humanitarian situation, UNHCR, the UN Refugee Agency, today issued new legal guidance to ensure that international refugee protection is provided to Haitians who may need it.
Indiscriminate gang violence in Haiti has led to an alarming rise in human rights violations and large-scale internal displacement. Nearly half of the country's population of 11.4 million requires humanitarian assistance. UNHCR's new guidance aims to support States in adjudicating asylum claims in light of the harsh realities Haitians face today.
"The lives, safety and freedom of Haitians are threatened by a confluence of gang violence and human rights violations. UNHCR reminds States that it is imperative to ensure that Haitians who may need international protection receive it," said Elizabeth Tan, Director of UNHCR's Department of International Protection. "In addition, we reiterate our call to States not to forcibly return people to Haiti, including those whose asylum claims have not been successful."
In its new guidance, UNHCR considers that, under the 1951 Refugee Convention, Haitians who may be eligible for refugee protection could include political activists, journalists, judges, lawyers, and other people confronting corruption and crime, among other at-risk profiles.
In addition, Haitians may be eligible for refugee protection under the regional refugee definition of the 1984 Cartagena Declaration. Under that definition, applied by many countries in the region, refugee protection should extend to individuals affected by circumstances that seriously disturb public order and by generalized violence in areas impacted by gang activity.
Countries could also consider granting complementary or temporary protection to people from Haiti, alongside other lawful stay measures such as family reunification, humanitarian visas, and access to documentation. Several countries in the Americas are already offering these alternatives to displaced Haitians, thus promoting their protection and allowing their integration into receiving communities.
By mid-2023, UNHCR had documented 312,000 Haitian refugees and asylum-seekers worldwide. This is compounded by UNHCR's warning of a troubling trend in which Haitians embark on dangerous journeys across the Americas or the Caribbean, with sea travel posing especially high risks. The complex challenges arising from refugee and migrant movements in the Americas can be effectively addressed only through a comprehensive and collaborative response.
UNHCR will continue supporting States to guarantee access to asylum for Haitians, which depends on the ethical and effective implementation of these guidelines."
Our translation from the English of the UNHCR press release of March 20, 2024.
The UNHCR document is available at the following link, exclusively in English.