Haiti

Detains migrants or asylum seekers?

Unknown

Has laws regulating migration-related detention?

Yes

Refugees

8

2018

Asylum Applications

5

2019

International Migrants

18,884

2020

Population

11,700,000

2023

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

10 February 2021 – Haiti

Haiti reported its first two positive COVID-19 cases on 20 March 2020. As a response, the government implemented policies such as the closing of airports, ports, schools, and factories, limits on gatherings, and a curfew. The shared border with the Dominican Republic (DR) was also officially closed, yet border crossings persisted in practice and were […]

Read More…

J. Charles, “COVID-19 has reached Haiti’s overcrowded prisons. Some fear a human rights disaster,” Miami Herald, 27 May 2020, https://www.miamiherald.com/news/nation-world/world/americas/haiti/article243018516.html
Last updated:

DETENTION STATISTICS

Total Migration Detainees (Entries + Remaining from previous year)
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
10,500
2016
9,921
2013
Prison Population Rate (per 100,000 of National Population)
96
2016
95
2013

POPULATION DATA

Population (Year)
11,700,000
2023
11,400,000
2020
10,711,000
2015
International Migrants (Year)
18,884
2020
18,756
2019
39,500
2015
International Migrants as Percentage of Population (Year)
0.17
2020
0.4
2015
Refugees (Year)
Not Available
2022
8
2018
5
2017
0
2016
3
2015
3
2014
Asylum Applications (Year)
Not Available
2022
5
2019
6
2013
Refugee Recognition Rate (Year)
75
2014
Stateless Persons (Year)
Not Available
2022
2,992
2018
2,302
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
824
2014
Remittances to the Country (in USD)
1,954
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
1,083.5
2014
Human Development Index Ranking (UNDP)
163 (Low)
2014

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Unknown
2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Yes
1953
Detention-Related Legislation
Loi du 19 Septembre 1953 sur l’Immigration et L'Émigration (1953)
1953
Legal Tradition(s)
Civil law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
ICESCR, International Covenant on Economic, Social and Cultural Rights
2013
2013
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2011
2011
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2011
2011
CRPD, Convention on the Rights of Persons with Disabilities
2009
2009
CRC, Convention on the Rights of the Child
1995
1995
ICCPR, International Covenant on Civil and Political Rights
1991
1991
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1984
1984
CRSR, Geneva Convention Relating to the Status of Refugees
1984
1984
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
1981
VCCR, Vienna Convention on Consular Relations
1978
1978
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1972
1972
Ratio of relevant international treaties ratified
Ratio: 11/19
Individual Complaints Procedures
Acceptance Year
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2009
2009
Ratio of Complaints Procedures Accepted
Observation Date
1/6
1/6
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 61. "The Committee urges the State party to take prompt measures to provide children and their families who have been expelled from the Dominican Republic with access to adequate nutrition, water, sanitation, housing and health care. It should furthermore ensure assistance to and protection of unaccompanied children, drawing upon the principles set out in general comment no. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin. The Committee also recommends that the State party strengthen cooperation with authorities from the Dominican Republic to ensure that relocation to Haiti takes place in a manner that respects the human rights of children and their families." 2016
2016
2016

> UN Special Procedures

Visits by Special Procedures of the UN Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on contemporary forms of slavery 2009
2009
2015

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2016
2017
No 2011

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHR, American Convention on Human Rights 1977
1977
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1997
1997

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
Haiti reported its first two positive COVID-19 cases on 20 March 2020. As a response, the government implemented policies such as the closing of airports, ports, schools, and factories, limits on gatherings, and a curfew. The shared border with the Dominican Republic (DR) was also officially closed, yet border crossings persisted in practice and were recorded by the International Organisation for Migration (IOM). They report that from 17 March 2020 to 30 November 2020, 602,352 cumulative movements were recorded into Haiti from the DR and 389,645 movements out of Haiti into the DR. Haiti reportedly has one of the most overcrowded prison systems in the world, with around two thirds of the prison population being in pretrial detention. According to the National Human Rights Network, prisons may house around 80 people in small rooms where 10 to 20 people should be living under normal circumstances. The rooms tend to have poor ventilation, there have reportedly been mask shortages for staff, and prisoners are often not allowed to leave their rooms due to staff shortages. In April 2020, the director of the National Prison System began to decongest prisons by preparing a list of prisoners to be released to the Justice Ministry. According to the Miami Herald, with international pressure from the United Nations and the United States building up, the country released 459 prisoners from 19 March to 15 April 2020. By the end of May 2020, some 800 had reportedly been released in total. The National Human Rights Network considered these insufficient, since the prison population was over 11,000 at the time. In mid-May 2020, the first cases of COVID-19 were recorded in the Port-au-Prince penitentiary, with 11 out of 12 tested individuals being positive. Subsequently, they were kept away from the rest of the prison population. However, there was a lack of further testing within the prison, where dozens of people reported symptoms. On 28 May, a 72-year old man with COVID-19 symptoms died without having been tested. It is unclear to what degree non-citizens are detained in Haitian prisons, and whether anyone is detained for purely immigration-related reasons. Due to its several political, economic, and environmental crises in the last decades, Haiti has long been a critical country of origin in the Caribbean, which has experienced successive waves of refugees and migrants, many heading to the United States. Haiti hosts a very small number of refugees and asylum seekers, with no more than five in any given year since 2015, who come from Cuba, Ethiopia, Yemen, and Nigeria.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2022
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Unknown
2022
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2022
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2022
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2022
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2022
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2020
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2022
Did the Country Restrict Access to Asylum Procedures?
Unknown
2022
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Unknown) Unknown Unknown Unknown
2022