GJC Among Organizations Demanding Halt to Deportations of Haitian Migrants Amidst Worsening Crisis in Haiti

HUMAN RIGHTS MOVEMENT

GJC Among Organizations Demanding Halt to Deportations of Haitian Migrants Amidst Worsening Crisis in Haiti

The Global Justice Clinic, in collaboration with several human rights and migrant rights organizations, jointly issued a factsheet analyzing the ongoing crisis of U.S. deportations and expulsions to Haiti in the midst of an ever-worsening political and humanitarian crisis. It shows the numerous ways the U.S. has violated its legal obligations to Haitian migrants.

Recommendations include an immediate end to deportations to Haiti, the restoration of access to asylum, and an end to the U.S. government’s discriminatory treatment of Haitian migrants. The signatories of the statement include Haitian organizations Groupe d’Appui aux Rapatriés et Réfugiés (Support Group for Repatriated People and Refugees, GARR), Rezo Fwontalye Jano Siksè (Jano Siksè Border Network, RFJS), and Service Jésuite aux Migrants-Haiti (Jesuit Service for Migrants-Haiti, SJM).

Additional signatories include Amnesty International, the Center for Gender & Refugee Studies, Haitian Bridge Alliance, and Refugees International.

This post was originally published as a press release on December 16, 2021.

Why We Must Stand with Haiti’s Democracy Activists

HUMAN RIGHTS MOVEMENT

Why We Must Stand with Haiti’s Democracy Activists

When tens of thousands of people are on the streets decrying dictatorial actions, they’re cheered on as pro-democracy protestors. Yet when similar protests occur in Haiti, they are diminished and overlooked. Being on the right side of history requires that we listen to the voices of Haitian civil society.

In the days leading up to February 7, 2021, the U.S. State Department announced its support for the continued rule of President Jovenel Moïse in Haiti. This position was in direct opposition to much of Haitian civil society, including its vibrant human rights community, which condemned Moïse’s occupation of the presidency as an unconstitutional prolongation of his mandate, which they understand to have ended on February 7. This interpretation of Haiti’s Constitution is shared by Haitian legal experts, including its judicial oversight body, religious leaders and activists. Haitian civil society has been sounding the alarm about Moïse’s abuse of power for years, documenting links to a series of massacres, corruption, and the proliferation of gangs. There has never been a more critical juncture for those based outside of Haiti to listen to Haitian voices.

To emphasize this imperative, the Global Justice Clinic issued a joint statement on February 13 calling for the U.S. government to address the human rights concerns of Haitian civil society and hosted a panel discussion with NYU’s Hemispheric Institute on March 24 to hear directly from Haitian human rights defenders and civil society leaders about the current situation in Haiti.

The U.S. government is not alone in giving short shrift to Haitian civil society. Media coverage has failed to adequately convey the widespread outcry against this administration. Nor has it captured the energy and hope that buoys Haitian human rights activists in this moment. Emmanuela Douyon is an economist and anti-corruption activist with “Nou Pap Domi,” a collective of young Haitians committed to fighting corruption, impunity, and social injustice. She’s inspired by the continued involvement of civil society, especially as “a climate of fear has settled in” the country over the last few months due to insecurity, political violence, and kidnappings: “When I see people who fought against dictatorships – who were victims and suffered a lot – and they come back out here to stand up and to fight, that gives me a lot of strength. When I see people from my generation and younger who say they’re going to keep standing and defending their values, the rule of law, democracy – that gives me hope that we can do more.” [1] Rosy Auguste Ducena, a human rights attorney and Program Director for Haiti’s National Network for the Defense of Human Rights (RNDDH), describes how the continued broad-based engagement motivates her: “What enables civil society to continue playing its role… is that the people have shown they have the will to not give up in this battle – there is a will to see change… That’s the biggest message of hope we have. We’ve reached a moment where we, as civil society, are one with the people. When we see they’re taking their claims and demands into their own hands as their own, we don’t need to work for them; we’re working together and that’s the best hope we have in this current situation.”

Haitian advocates forcefully condemn the pressure by the international community to hold presidential elections this year and to facilitate a referendum to alter the constitutional structure of Haiti’s government. Woodkend Eugene, a human rights attorney from the Human Rights Office in Haiti (BDHH), acknowledges that while it can be “difficult for everyone to agree on a solution, what is certain is that what is happening right now is not the solution.” He stresses that the Haitian Constitution states clearly that there can be no amendments to the Constitution via referendum, that “we cannot go into an election with an electoral council that is not legitimate,” referring to the unconstitutional appointment of its members by Moïse, and in a context of “generalized insecurity where multiple people in power have been connected to armed gangs” (the U.S. Treasury Department imposed sanctions against three such individuals in 2020).  Ms. Auguste also pointed out the potential consequences of pushing for elections now: “The international community might be pushing for it, but the Haitian people have said there are things they will not accept or tolerate, and that’s going into elections with this administration. The people won’t accept this referendum, and if this continues to be pushed, we risk falling into a post-electoral crisis… a bigger crisis than [what] we have now.”

Regarding the appropriate role of the international community and the U.S. government in Haiti’s affairs, Ms. Auguste made her message clear: “Firstly, we are not children…Let the Haitian people choose their own future, choose when elections are right for them and choose how their country will be led.”

Ms. Douyon urged the U.S. government to “avoid repeating history, as they did with Duvalier” and to be “on the right side of history” this time by “act[ing] to stand with the people.” U.S. support for the Duvalier dictatorship and its tragic consequences are well-documented.

The clarity and consistency in Haitian advocates’ analysis and recommendations is striking, particularly because Haiti is often painted by the media and foreign actors as a “problem-state”—a never-ending and uncontrollable locus of crisis where it is impossible to discern root causes. Each of the panelists demonstrated that these tropes should be rejected and that Haitian experts should be recognized for what they are—those best placed to assess what their country needs the most. If their recommendations were adopted, rapidly held elections would not be portrayed as the only viable path forward. Instead, the power grab of a man accused of collusion in grave human rights violations would be plainly unveiled.

When tens of thousands of people are on the streets decrying dictatorial actions, they are often cheered on as pro-democracy protestors. Yet when similar protests occur in Haiti, as they have over the last several weeks, these protests are diminished and overlooked. Being on the right side of history requires that we listen to the voices of Haitian civil society.

2021. Gabrielle Apollon

Gabrielle Apollon, Director of Haitian Immigrant Rights Project at the Center for Human Rights and Global Justice at NYU School of Law.

[1] All of the quotes from the panel discussion have been translated from Haitian Creole into English.

GJC Issues Statement on Haiti’s Constitutional Referendum

HUMAN RIGHTS MOVEMENT

GJC Issues Statement on Haiti’s Constitutional Referendum

The Global Justice Clinic, the International Human Rights Clinic at Harvard Law School, and the Lowenstein International Human Rights Clinic at Yale Law School issued a statement on June 8, 2021, calling on the U.S. government to join civil society’s demand that the government of Haiti cancel the planned constitutional referendum in Haiti. The referendum, which will ask Haitian people to vote “yes” or “no” on a new Constitution, is illegal. It is the most recent, bold effort by President Jovenel Moïse to consolidate power and comes on the heels of dozens of presidential decrees that undermine checks on the executive. Haitian civil society has widely denounced the referendum, noting its illegality and emphasizing the impossibility of holding a vote under the current administration. International actors are increasingly recognizing the illegitimacy of the referendum, and the danger to democracy that it poses. However, continued technical support and provision of aid to the government of Haiti to hold elections means that international actors, including the United States government, are tacitly supporting the unconstitutional vote. With long experience working in solidarity with Haitian civil society, and building off our February statement, the clinics urge the U.S. government to urgently and publicly call to cancel the referendum.

June 8, 2021. Statements of the Global Justice Clinic do not purport to represent the views of NYU or the Center, if any.

UN Special Rapporteur on Extreme Poverty and Human Rights

INEQUALITIES

UN Special Rapporteur on Extreme Poverty and Human Rights

Philip Alston served as UN Special Rapporteur on extreme poverty and human rights from June 2014 to April 2020. The Special Rapporteur is an independent expert appointed by the UN Human Rights Council to monitor, advise, and report on how government policies are realizing the rights of people in poverty around the world.

During his mandate, Professor Alston carried out 11 official country visits and authored 12 thematic reports to the UN General Assembly and Human Rights Council. His thematic and country reports are available below. He also issued a large body of press releases and communications to states and other actors.

Global Justice Clinic and Human Rights Organizations Call on Government of Haiti to Cancel a Planned Raid

HUMAN RIGHTS MOVEMENT

Global Justice Clinic and Human Rights Organizations Call on Government of Haiti to Cancel a Planned Raid

The Global Justice Clinic, twenty-three other human rights organizations, and a number of individuals signed on to a letter calling for the government of Haiti to cancel a planned gang raid that it announced on Friday April 24, 2020.

In a statement to the press, Haiti’s Minister of Justice and Public Security said that residents of the impoverished community of Village de Dieu in Port-au-Prince had 72 hours to evacuate their homes and their neighborhood.  The government would conduct a gang raid, and beyond the 72 hour window, indicated that they absolved themselves of responsibility for what happens in the area.  There is extreme and understandable concern within Haiti that the gang raid may turn into indiscriminate violence.  As the letter explains, in the past two years, the government has been implicated in massacres against civilians.  Further, there is evidence that a former police officer who allegedly perpetrated past massacres has been coordinating with the Haitian National Police to enact Monday’s raid.  The signatory organizations and individuals call on the government of Haiti to cancel the raid and to protect the human rights and physical safety of all Haitian people.

As of Wednesday, April 29, 2020, the raid has not occurred.  However, human rights organization in Haiti and beyond continue to pressure the Haitian government to publicly declare that they will cancel the raid, and that they will address insecurity in a way that respects the human rights of Haitian people, particularly the most vulnerable.

GJC’s Ellie Happel Expert Witness in Case Blocking Trump Administration from Terminating TPS For Haiti

HUMAN RIGHTS MOVEMENT

GJC’s Ellie Happel Expert Witness in Case Blocking Trump Administration from Terminating TPS For Haiti

On Thursday, April 11, 2019 Judge Kuntz of the Eastern District of New York issued a nationwide Preliminary Injunction that blocks the Trump Administration from terminating TPS for Haiti.  Global Justice Clinic Haiti Project Director Ellie Happel was the first witness called by the plaintiffs in the case.  Ellie’s expert testimony was based both on her experience living in Haiti during the time under consideration (2010–2017), and on the facts presented in the Global Justice Clinic report, Extraordinary Conditions: A Statutory Analysis of Haiti’s Qualification for TPS

The Trump Administration ended TPS for Haiti in November, 2017.  Judge Kuntz ruled that the decision by the Department of Homeland Security (DHS) to terminate TPS for Haiti was improperly influenced by the White House.  The decision was “reverse engineered” to “get to no,” ruled Judge Kuntz, finding that the Plaintiffs were likely to succeed on claims they brought under both the Administrative Procedure Act (APA) and the Equal Protection Clause of the U.S. Constitution.  The judge found that there was significant evidence that the decision to terminate was a “preordained outcome,” including evidence that suggesting that, in fewer than 30 minutes, a DHS employee reworked a memo that favored extending TPS for Haiti to one that supported termination.  The Court found that the plaintiffs’ Equal Protection claim raises “serious concerns.”  “Based on the facts on this record, and under the [relevant legal framework], there is both direct and circumstantial evidence [that] a discriminatory purpose of removing non-white immigrants from the United States was a motivating factor behind the decision to terminate TPS for Haiti.”  Judge Kuntz concluded that “absent injunctive relief, Plaintiffs, as well as 50,000 to 60,000 Haitian TPS beneficiaries and their 30,000 U.S. Citizen children stand to suffer serious harm.”

In addition to Ellie’s role as an expert witness in this case, the Global Justice Clinic was involved in a FOIA lawsuit that divulged relevant records from the Department of Homeland Security (DHS) and the State Department.  These records were integral to this case and others challenging the Trump Administration’s termination of TPS for Haiti.  Professor Margaret Satterthwaite served as a plaintiff in the FOIA lawsuit.

April 16, 2019.

NYU Clinics File Lawsuit Seeking Disclosure of Trump Policy Behind Termination of TPS for Haitians

HUMAN RIGHTS MOVEMENT

NYU Clinics File Lawsuit Seeking Disclosure of Trump Policy Behind Termination of TPS for Haitians

On Thursday January 25, 2018, the National Immigration Project of the National Lawyers’ Guild and Margaret Satterthwaite, NYU School of Law professor and director of the Global Justice Clinic (GJC), filed a Freedom of Information lawsuit against the U.S. Department of Homeland Security, U.S. Department of State, and U.S. Immigration and Customs Enforcement to obtain records documenting the reasons behind the U.S. government’s decision to terminate Temporary Protected Status (TPS) for Haitians. NYU School of Law’s Immigrant Rights Clinic provided legal counsel.

On November 20, 2017, the Trump Administration terminated TPS for Haiti, stating that the conditions caused by the earthquake no longer exist.  Many reports, including Extraordinary Conditions:  A Statutory Analysis of Haiti’s Qualification for TPS, published by the GJC in October, show that families in Haiti continue to face displacement, homelessness, one of the worst cholera epidemics in the world, hunger, and other challenges that make Haiti unsafe for return. The termination will affect the estimated 58,000 Haitian TPS holders and their families. TPS is set to terminate in July of 2019.

President Trump’s recent racist statements towards certain foreign nations, including Haiti, make the public’s right to access information that influenced the decision to terminate TPS that much more urgent.

January 25, 2018. 

Communications from NYU clinics do not represent the institutional views of NYU School of Law or the Center, if any.

With TPS set to terminate, GJC files a Freedom of Information Lawsuit against DHS and USCIS

HUMAN RIGHTS MOVEMENT

With TPS set to terminate, GJC files a Freedom of Information Lawsuit against DHS and USCIS

National Immigration Project et al. v. DHS et al. (Haiti TPS FOIA)

On November 20, 2017, the Trump Administration terminated TPS for Haiti, stating that the conditions caused by the earthquake no longer exist. With TPS set to terminate in July 2019, the Global Justice Clinic, together with the National Immigration Project of the National Lawyers’ Guild, filed a Freedom of Information lawsuit against DHS and United States Immigration and Customs Enforcement to obtain records documenting the reasons behind the government’s decision to terminate TPS for Haitians. The lawsuit was filed in January 2018 with the US District Court for the Southern District of New York, and NYU School of Law’s Immigrant Rights Clinic provided legal counsel.

Temporary Protected Status (TPS) provides protection from deportation or removal and enables the beneficiary to apply for a work permit. The Department of Homeland Security (DHS) designates countries for TPS if they are experiencing armed conflict, have suffered a natural disaster, or face other extraordinary yet temporary conditions that make them unable to safely repatriate their nationals living in the United States. DHS designated Haiti for TPS after the 2010 earthquake and subsequently extended it four times. As of November 2017 there were more than 50,000 Haitian people with TPS in the United States, out of a total population of 300,000 people from various countries with TPS.

Byen Konte, Mal Kalkile? Human Rights and Environmental Risks of Gold Mining in Haiti

CLIMATE AND ENVIRONMENT

Byen Konte, Mal Kalkile? Human Rights and Environmental Risks of Gold Mining in Haiti

Until now, most discussions about mining have occurred behind closed doors among government officials, company stakeholders, and international financial institutions. There is a dearth of information in the public domain about what gold mining entails, what challenges it poses, what opportunities it presents, and what it may mean for communities and the country as a whole. The purpose of this report is to help fill that gap.

Haiti stands at a crossroads: The prospect of gold mining glitters on the horizon, while the reality of an uncertain political future, weak institutions, and widespread impoverishment glares in the foreground. Celebrated as the only nation in the world born of a successful slave revolution, but known today as the poorest country in the Western Hemisphere, Haiti is a fragile, if resilient, place. Rights are precarious, and basic resources are scarce. As of 2014, only 62 percent of all households in Haiti had access to safe drinking water, while less than 50 percent enjoyed such access in rural areas. The cholera epidemic that erupted in 2010, which has taken more than 9,000 lives to date, has revealed the vulnerability of the Haitian population amid inadequate water, sanitation, and health infrastructure. But it has also highlighted the power of popular protest. Haiti has a longstanding tradition of peasant movements, in which ordinary Haitians have mobilized to challenge and overcome injustice. It is in this context—against the backdrop of the country’s complex history with foreign intervention and investment—that efforts to develop a mining industry in Haiti must be understood.

Minerals can be exploited only once. The current moment, before mining has begun, presents a unique opportunity for the Haitian people to engage in a robust public debate about the risks and benefits of mining and for the Haitian State to implement preventive measures to avoid future human rights abuses and environmental harms. Such a debate requires transparency, public education, and active engagement of Haitian communities.

Report Objectives and Approach

Recognizing the important decisions that Haiti faces, the Global Justice Clinic at New York University School of Law (GJC) and the University of California Hastings College of the Law have prepared this Report concerning the risks and realities of modern gold mining and its implications for human rights and the environment in Haiti. The Report is the fruit of collaboration between environmental law experts and human rights lawyers, informed by the Justice in Mining Collective, a platform of Haitian organizations and individuals committed to promoting the interests of Haiti’s rural, northern communities and prompting a national dialogue about the future of Haiti’s mineral resources. Consistent with best practice in the field of international human rights, this Report is based on intensive documentary research and review of primary and secondary materials on gold mining in Haiti; interviews with community members, Haitian government officials, and representatives of mining companies and international organizations operating in Haiti; field investigation; and discussions with members of communities in areas where companies hold permits for activities related to gold mining. The Report is a product of more than 100 days of interviews and participant observation in more than fifty meetings held in communities affected by mining-related activities in Haiti (see infra). 

All Report-related research in Haiti was undertaken using a human rights-based approach, which supports the power and capacity of people and communities to change their own lives, both independently and through institutions that represent or affect them.  This approach takes respect for human rights as its starting point and end objective, emphasizes the informed engagement of rights-holders in both the analysis of factors affecting their own lives and the design of solutions, and stresses accountability, by including evaluation of both the process and outcomes of the research.

The Report addresses four main issues: 

  • the process of modern gold mining, through an examination of its mechanics around the world and a history of extractive activity in Haiti; 
  • the experiences and concerns of communities in Haiti that have hosted mineral exploration in the past ten years, including community members’ allegations that mining companies have failed to respect human rights and the communities’ fear of future human rights violations; 
  • the environmental and social risks of mining gold in Haiti; 
  • the institutional, legal, and regulatory frameworks that will shape the economic, social, and environmental consequences of mining in Haiti.