TORN AT THE SEAM

TORN AT THE SEAM | 59
Potential Refugee Status
in Haiti
Headlines frequently describe this crisis
as a “refugee crisis,” 308,309,310 raising the question of
whether “returnees” truly are refugees. Within the
affected population, 54,627 individuals who are
Haitian migrants and Dominicans of Haitian descents
have departed to Haiti voluntarily. 311 The voluntary
nature of some of these departures is questionable,
given the reports of individuals leaving in fear of
violence and ill treatment. For departing Haitian
migrants, they are returning to their place of origin.
However, departing Dominicans of Haitian descent,
as well as those effectively stateless, may have never
been to Haiti and are moving out of their home
country.
The 1951 Convention relating to the Status
of Refugees defines a refugee as someone “owing
to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership
of a particular social group or political opinion, is
outside the country of his nationality, and is unable
to, or owing to such fear, is unwilling to avail himself
of the protection of that country.” 312 Therefore, when
an individual departs to Haiti, in fear of his well being
due to one of the categories enumerated above, he
is away from his place of origin and potentially a
refugee. But there are practical complications with
this theory, as it is difficult to make refugee status
determinations when individuals lack documents to
prove citizenship. 313
Moreover, despite the risks that Dominicans
of Haitian descent and those effectively stateless
may face in the Dominican Republic, it is reasonable
to assume that some individuals would be unwilling
to seek refugee status in Haiti. Some may wish to
return to the Dominican Republic based on any of
the push and pull factors discussed in Part A of the
Report. It is also not in the political interest of either
country to address these individuals as refugees,
as the expected responses from the international
community would be more pronounced. Indeed,
the Government of Haiti is hesitant to refer to the
informal settlements along the border as “refugee
camps,” since such a designation would undoubtedly
trigger international involvement. 314
Haiti and the Dominican Republic are
both parties to the 1951 Refugee Convention. 315
Following its principle of non-refoulement, 316
neither state may coerce these individuals to leave
Haiti and return to the Dominican Republic if there
is still a potential threat of persecution. Moreover,
these states must work together to ensure that all
individuals have nationality such that they are not
in fear of statelessness and exposure to additional
risks thereafter. Otherwise, voluntary departures
may persist, leading to more potential refugees.
308 Reuters, “Refugee crisis looms in Dominican Republic,”
Gulf Times, June 17, 2015, accessed May 4, 2016, http://bit.
ly/1Wgs8h9.
309 France Francois, Op-Ed, “The Other Refugee Crisis,”
Ebony, September 16, 2015, accessed May 4, 2016, http://
bit.ly/1TNPzuL.
310 Rivero, “The Dominican Republic is about to create a serious
refugee crisis.”
311 “IOM Haiti: Border Monitoring Situation Report.”
312 “Refugees,” United Nations High Commissioner for
Refugees, accessed April 29, 2016, http://www.unhcr.org/
pages/49c3646c125.html
313 Terrill, phone interview.
314 Mariano Castillo, “Tent cities sprouting in Haiti as
migrants return from Dominican Republic,” CNN, July 30,
2015, accessed May 4, 2016,http://cnn.it/1IqsKEI.
315 “States Parties to the 1951 Convention relating to the
Status of Refugees and the 1967 Protocol,” United Nations
High Commissioner for Refugees, accessed April 29, 2016,
http://www.unhcr.org/3b73b0d63.html
316 Refugee Convention, Article 33(1).