§1.    The Committee is concerned that the inefficient functioning of the National Refugee Commission (CONARE) is greatly affecting the rights of asylum-seeking children and their families, the overwhelming majority of whom are of Haitian nationality. The Committee is also concerned that the inadequate access to identity documents for child refugees and asylum seekers and/or their relatives puts them at risk of detention and deportation and impedes their access to health care and education.

2.    The Committee recommends that the State party:

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(b)    Ensure that the National Refugee Commission undertakes child refugee status determination (RSD) through a fair and efficient asylum procedure, in accordance with international standards and in cooperation with UNHCR;

(c)    Ensure the speedy and cost-free processing of temporary identity documents for child refugees and asylum-seekers and their relatives, including documentation certifying legal residency for those who were recognized under the UNHCR mandate.

§20. The Committee remains concerned at the practice of deporting foreigners in conditions that are incompatible with the provisions of the Covenant. The Committee also regrets the detention for unspecified periods of persons who are going to be deported (arts. 9 and 10).

The State party should provide all persons subject to a deportation process with the guarantees established by the Covenant, abolish the detention for an unspecified time period of persons who are going to be deported and provide detained persons with effective remedies.

§13. The Committee is concerned at information received according to which migrants of Haitian origin, whether documented or undocumented, are allegedly detained and subject to collective deportations (“repatriations”) to Haiti without any guarantee of due process (arts. 5 (a) and 6).

Taking into account its general recommendation 30 (2004) on non-citizens, the Committee recommends that the State party:

  (a)       Ensure that laws concerning deportation or other forms of removal of non-citizens from the jurisdiction of the State party do not discriminate in purpose or effect among non-citizens on the basis of race, colour or ethnic or national origin;

  (b)       Ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account;

  (c)        Avoid the expulsion of non-citizens, especially of long-term residents, that would result in disproportionate interference with the right to family life;

  (d)       Ensure that non-citizens have equal access to effective remedies, including the right to challenge expulsion orders, and are allowed to pursue such remedies effectively. The Committee further recommends that the State party take the necessary measures to accelerate the approval of the provision of Migration Law No. 285-04 setting guidelines on the principle of due process in deportation or expulsion procedures.

The Committee invites the State party to adopt humane and internationally accepted measures in dealing with undocumented migrants.