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 […]
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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
SOCIO-ECONOMIC DATA & POLLS
Name
Year Adopted
Last Amended
Loi du 19 Septembre 1953 sur l’Immigration et L'Émigration
1953
INTERNATIONAL TREATIES & TREATY BODIES
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
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2009
2009
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
Year of Visit
Observation Date
Special Rapporteur on contemporary forms of slavery
2009
2009
2015
> UN Universal Periodic Review
> Global Compact for Migration (GCM)
> Global Compact on Refugees (GCR)
REGIONAL HUMAN RIGHTS MECHANISMS
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
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.
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