Haiti: Treatment by society, criminal groups, and authorities, of Haitian nationals who return to Haiti after an extended absence abroad, particularly those returning from Canada; whether their return represents a threat to the safety of their family members in Haiti; state protection (2022-January 2024)
1. Overview
According to the International Organization for Migration (IOM), 216,677 Haitian nationals were deported in 2023, with 96.07 percent coming from the Dominican Republic (UN n.d.a). According to the same source, 39,541 people were returned to Haiti in 2022, with 42.8 percent coming from the Dominican Republic and 38.4 percent from the United States (UN n.d.a). The Migration Policy Institute (MPI), a "nonpartisan" organization with headquarters in Washington, DC that produces research and advocates for improved immigration and integration policies (MPI n.d.), states that the "United States is the most popular destination for Haitian migrants," and "many" migrate to Brazil, Canada, Chile, and the Dominican Republic (MPI 2023-07-05).
In a February 2023 statement made after concluding his official visit to Haiti, the UN High Commissioner of Human Rights indicated that "until the dire situation in the country is resolved, it is clear that systematic violations and abuses of human rights do not currently allow for the safe, dignified and sustainable return of Haitians to Haiti" (UN 2023-02-10). Similarly, in April 2023, the UN Committee on the Elimination of Racial Discrimination called upon "concerned State Parties" in the Americas to "suspend the forced return of Haitians to their country taking into account the current situation in Haiti" (UN 2023-04-28).
Sources interviewed by the Research Directorate report that Haitian nationals are "very rare[ly]" (Officials 2024-01-11) or "probably not" (Director 2024-01-16; Independent Anthropologist 2024-01-16) returning voluntarily; however, there is a trend of Haitian nationals "voluntarily returning" from the Dominican Republic as a result of safety concerns there (Officials 2024-01-11). In a joint interview with the Research Directorate, a director at the Haitian Bridge Alliance (HBA) [1], speaking on their own behalf, and an independent anthropologist, who based in Haiti, noted that Haitians do not stay in the Dominican Republic for long, but, as it is difficult for Haitian migrants to reach the US, those returning from there are more likely to have been absent from Haiti for longer periods; for example: "they may be in the US for two months or two years, but their journey has been as long as 6 years" (Director 2024-01-16; Independent Anthropologist 2024-01-16).
1.1 Identifiability of Returnees
In a telephone interview with the Research Directorate, the Co-Director of Défenseurs Plus [2] who is a human rights and international rights lawyer in Port-au-Prince, stated that being able to speak English but speaking Creole with difficulty could be an indicator to other Haitians that one is a returnee (Lawyer 2024-01-17). Similarly, two officials at the IOM mission in Haiti [3], in an interview with the Research Directorate and speaking on their own behalf as subject matter experts, indicated that "many" people returning to Haiti cannot speak French or Creole (Officials 2024-01-11). In the joint interview, the Director at HBA noted that they knew of an individual who was outside of Haiti for three years and was identifiable as a returnee because they had lost their Haitian accent (Director 2024-01-16).
The Director and the Independent Anthropologist reported that returnees will "stand out" (Director 2024-01-16; Independent Anthropologist 2024-01-16). They added that Haitian society "is very close knit [and] people know and recognize outsiders" (Director 2024-01-16; Independent Anthropologist 2024-01-16). The lawyer noted that Haiti is a [translation] "small country" and an individual's arrival at the airport under police control would be information shared among families, neighbourhoods, or villages (Lawyer 2024-01-17). The same source added that arriving at the airport wearing clothing imposed on [translation] "people who have been expelled" by the US or the Bahamas would be another indicator that an individual is a deportee (Lawyer 2024-01-17).
2. Treatment of Returnees
The Officials reported that Haitians returning to Haiti are at risk but specified that the risk is not particular to returnees and is shared with the whole country (2024-01-11). The same source stated that there is no specific treatment by society of returnees or deportees because they are so common (Officials 2024-01-11). In correspondence with the Research Directorate, the Chancellor of the Interuniversity Institute for Research and Development (INURED) [4], speaking on behalf of the organization, similarly noted that returnees will "suffer the same political, economic, environmental, and social challenges as the general population is suffering in the moment of compounded crisis" in Haiti (INURED 2024-01-18). The same source stated that returnees are not "necessarily targeted or harassed" because they are perceived to have "no resources" for which to be exploited (INURED 2024-01-18).
However, the Lawyer reported that Haitians returning to Haiti after an extended absence abroad are at risk (2024-01-17). The Lawyer stated that society views returnees who have lived abroad for an extended period of time as wealthy and that puts them at risk to be held for ransom by either criminal groups or individual criminals because the economic situation in Haiti has pushed society to take [translation] "desperate measures" (Lawyer 2024-01-17). The same source noted that returnees face the risk of being killed if their family cannot pay the ransom (Lawyer 2024-01-17).
In the joint interview with the Research Directorate, when asked if returnees who have spent long periods of time abroad face risk, the Director and the Independent Anthropologist responded: "the general answer is 'yes'" and reported that the current situation of insecurity is "pretty severe" (Director 2024-01-16; Independent Anthropologist 2024-01-16). The same sources further stated that returnees are at risk from people who are taking advantage of the climate of insecurity in the country, and that there are "a lot of layers" to the "threats" to which returnees can become "victims" (Director 2024-01-16; Independent Anthropologist 2024-01-16).
The same sources noted that "a lot of migration" occurs in Port-au-Prince, where "a lot of insecurity is based" (Director 2024-01-16; Independent Anthropologist 2024-01-16). Similarly, the Officials noted that "practically [every returnee]" must pass through Port-au-Prince, and that it is "the main harbour for risk" (2024-01-11).
The Independent Anthropologist reported that because of the "dire" economic situation, returnees are taken advantage of and are robbed after receiving "minimal" financial assistance to resettle in Haiti (2024-01-16). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2.1 Treatment by Society
The Lawyer stated that society assumes that those who return to Haiti were deported, and they are therefore [translation] "stigmatized" (2024-01-17). The same source reported that members of society will search for the reason behind an individual's return and will want to know if they were involved in criminal activity abroad (Lawyer 2024-01-17). Similarly, the Director and the Independent Anthropologist stated that people will ask questions until they figure out who an individual is, who their family is connected to, and why they are back in Haiti (Director 2024-01-16; Independent Anthropologist 2024-01-16). The same sources indicated that returnees who have a criminal record but who are not detained are stigmatized by society (2024-01-16). They also indicated that the "fear and stigma" of individuals with criminal records is "severe" (2024-01-16).
The Lawyer stated that it is common to see returnees from the Dominican Republic because it happens so often; however, being deported from Canada or the US could be [translation] "very frowned upon" with the public (Lawyer 2024-01-17). The same source added that society perceives returnees from Canada and the US as individuals involved in crimes, illegal work, or financial crimes (Lawyer 2024-01-17). The Lawyer also noted that these individuals are perceived as people whose protection by Canada was [translation] "reconsidered" because they did not respect the principles and laws, or because they did not follow the required steps by the court (Lawyer 2024-01-17).
INURED stated that returnees are viewed "as failures on some level" (2024-01-18). The Officials stated that returnees are perceived as "burdens" by their families because they are unable to work (2024-01-11).
The Director and the Independent Anthropologist reported that returnees travelling from Port-au-Prince back to their local community are "seen" as bringing violence into the community (Director 2024-01-16; Independent Anthropologist 2024-01-16).
2.2 Treatment by Criminal Groups
MPI reports that "gang violence and insecurity are significant contributors to Haitians' displacement" (2023-07-05).
When asked whether people returning to Haiti after living abroad are targeted by criminals, the Officials stated that Haitian returnees are not specifically targeted by criminals because they lived abroad, and that it depends whether they are perceived as wealthy and how they were repatriated (Officials 2024-01-11). INURED reported that returnees are "not necessarily" targeted by criminals as it is understood they are unsuccessful return migrants who have "limited to no means" (2024-01-18). In the joint interview with the Research Directorate, the Independent Anthropologist noted that anyone in the country who is wealthy will be a target (2024-01-16).
2.2.1 Kidnapping
The Lawyer indicated that returnees are [translation] "primary targets" of criminal groups for kidnapping and ransom demands because they are suspected to be wealthy (2024-01-17). The same source stated that returnees are at risk of [translation] "being kidnapped, abducted, or murdered by members of criminal groups" (Lawyer 2024-01-17).
The Director and the Independent Anthropologist noted that there is risk for kidnapping for anyone returning from the US because they are perceived to have sponsors in that country, leading to the perception of wealth (Director 2024-01-16; Independent Anthropologist 2024-01-16). Similarly, according to Human Rights Watch (HRW), returnees are "at risk of kidnapping and extortion by criminal gangs," because they are perceived to "have money for travel or relatives abroad" and can afford to pay ransoms (2022-03-24). The Government of Canada travel advisory for Haiti reports that "foreigners are viewed as wealthy and may arouse envy" and that "[k]idnappers target both local people and foreigners, including dual citizens who live or travel in Haiti, regardless of rank or social class" (Canada 2024-01-09). The Officials reported that people who voluntarily return to Haiti typically have earnings which could lead to them being at risk of kidnappings as the diaspora is targeted by criminal groups (2024-01-11). The same source added that if anyone makes their wealth obvious, they can be exposed to an increased risk of kidnapping (Officials 2024-01-11).
2.2.2 Gang Recruitment
A UN Security Council indicates that the criminal group 400 Mawozo, led by Germine Joly alias Yonyon, has deportees among its ranks (UN 2023-09-15, 50). According to the Independent Anthropologist, there are armed groups consisting of returnees who target other people who have returned (2024-01-16). The Director and the Independent Anthropologist noted that returnees are "typically" targeted by gangs and are at risk of facing violence if they resist joining or participating in gang activities (Director 2024-01-16; Independent Anthropologist 2024-01-16). INURED specified that returned youth "may be easily" recruited into gangs due to limited opportunities for both undereducated and well-educated youth (2024-01-18).
2.3 Treatment by Civilian Self-Defence Groups
The Officials stated that deportees lack identity documentation, which places them at a "very high risk" to killings from self-organized defence groups, such as Bwa Kale, who offer security to villages and routes (Officials 2024-01-11). Similarly, the Director and the Independent Anthropologist reported that returnees may fall victim to vigilante groups who are protecting communities from violence (Director 2024-01-16; Independent Anthropologist 2024-01-16).
2.4 Treatment by Authorities
According to the US Department of State's Country Reports on Human Rights for 2022, civil society organizations allege that deportees were detained upon returning to Haiti without committing a crime in Haiti (US 2023-03-20, 10). The same source added that repatriated citizens were "held illegally by government authorities, who sought to secure bribes in exchange for their release" (US 2023-03-20, 10). Similarly, the Director and the Independent Anthropologist reported that kidnapping for ransom occurs in the prison system, and that families of returnees were charged "an exorbitant ransom" for the release of their family member in prison by the authorities (Director 2024-01-16; Independent Anthropologist 2024-01-16). According to the Institute for Justice and Democracy in Haiti (IJDH), a Haitian human rights non-profit organization based in the United States (IJDH n.d.), returnees who have a criminal record abroad "continue to be distinctly at risk" in Haiti (IJDH 2023-12, 11). The same source provides the example of a group of 17 individuals who spent some time in United States prisons and were detained in Haiti for two days upon their return, "without access to food, water, medical care, or sleeping mats" (IJDH 2023-12, 11). Similarly, the Director and the Independent Anthropologist reported that in 2022-2023, returnees were placed into the national penitentiary and harmed in prison and that "most" but "potentially not all of them" had a criminal record in the US (Director 2024-01-16; Independent Anthropologist 2024-01-16). The same sources indicated that returnees are put into detention "for no reason," not charged for a crime, and held for ransom money by the state (Director 2024-01-16; Independent Anthropologist 2024-01-16).
According to the Director and the Independent Anthropologist, the State is "in some cases" exploitative and taking advantage of returnees (Director 2024-01-16; Independent Anthropologist 2024-01-16).
3. Additional Factors Affecting Reintegration
In correspondence with the Research Directorate, INURED stated that youth returnees are "quite vulnerable" due to a lack of employment opportunities, which "may propel them" into criminal activities such as joining gangs, stealing, corruption, prostitution, and exploitation of others (2024-01-18). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In the joint interview, the Director and the Independent Anthropologist reported that wealth, social network, sexual orientation and political involvement or engagement are factors that would facilitate or worsen an individual's return to the country (Director 2024-01-16; Independent Anthropologist 2024-01-16). According to the Lawyer, someone who is educated, who has a strong family network, who has maintained contact with their parents, and has financial investments in Haiti has a [translation] "possibility" of returning and settling (2024-01-17). The same source noted that it would be [translation] "very difficult" to reintegrate in Haiti if someone is poor, not educated, does not have a family network or their sexual orientation or gender identity does not conform to social norms acceptable by Haiti (Lawyer 2024-01-17).
The Officials reported that returnees with diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) face "significant" stigmatization and risks in Haiti (2024-01-11). Similarly, the Director and the Independent Anthropologist indicated that SOGIESC individuals, "especially those perceived to be SOGIESC" face stigma and cannot find housing or stay with family because of the "extraordinary" potential for violence by gangs and neighbours, which puts their families in danger (Director 2024-01-16; Independent Anthropologist 2024-01-16). For more information on the situation and treatment of sexual and gender minorities in Haiti, please see Response to Information request HTI200283 of June 2020.
The Officials stated that while wealth can help with reintegration into society, individuals with a higher financial status are bigger targets (Officials 2024-01-11). The same source also noted that returnees who have been absent for a long time might not have the "coping mechanisms" necessary to reintegrate into society, as the situation in Haiti was "much more secure" before their departure, and "many" people who return no longer have connections with family or are no longer able to speak French or Creole (2024-01-11).
According to the UN Human Rights Council, female deportees are "exposed to a significant risk of sexual exploitation and abuse" (UN 2023-09-25, para. 51). The Director and the Independent Anthropologist noted that women returning to Haiti are "potentially at risk" of sexual exploitation because they are economically vulnerable (Director 2024-01-16; Independent Anthropologist 2024-01-16). The same sources reported that adolescent girls and women who are "economically compromised" can be "exploit[ed]" for "transactional sex" for passports or rent (Director 2024-01-16; Independent Anthropologist 2024-01-16). For more information on sexual and gender-based violence in Haiti, please see Response to Information request HTI201783 of February 2024.
According to the Director and the Independent Anthropologist, individuals who left Haiti for safety concerns because they were "targeted or persecuted" will return to face the exact same threat of harm because those threats are still active, even after a number of years (Director 2024-01-16; Independent Anthropologist 2024-01-16). Similarly, INURED stated that returnees who left Haiti because of political persecution "may" face reprisals towards them and "possibly" toward their family members upon their return (2024-01-18). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4. Treatment of Family Members
Sources indicate that family members of returnees are confronted with the same risks as returnees in relation to kidnapping (Director 2024-01-16; Independent Anthropologist 2024-01-16; Lawyer 2024-01-17) and the Lawyer further stated that they face the same risk of kidnapping or murder from members of criminal groups as returnees do (2024-01-17). In correspondence with the Research Director, INURED stated that if the family has a debt from facilitating the migration of their family member, and the family member returns, the unsuccessful travel will signal to the debtor that they will not recoup their loan which may result in reprisals (INURED 2024-01-18). The Director and the Independent Anthropologist noted that families of returnees face "extreme economic hardship" because they have pooled money with friends and the community or made "major sacrifices," such as selling land or livestock, for their family member to travel (Director 2024-01-16; Independent Anthropologist 2024-01-16).
The Director and the Independent Anthropologist stated that the "severe" "stigma and fear" of individuals with a criminal record could put the family of a returnee at "risk" (Director 2024-01-16; Independent Anthropologist 2024-01-16).
5. State Protection
According to sources, the government does not offer programs (HRW 2023-01-12) or there is an "absence of any support" (INURED 2024-01-18) for the reintegration of returnees in Haiti (HRW 2023-01-12; INURED 2024-01-18). The UN High Commissioner for Human Rights in a February 2023 statement provided the following:
With entire communities effectively held hostage by gangs, State social services are largely absent. While non-governmental organisations and UN agencies are working to provide much needed aid, so-called "foundations" in these neighbourhoods are often used by gangs to exert control.
…
The lack of resources and personnel in the police force, coupled with chronic corruption and a weak judicial system mean that impunity has been a core problem for decades now.
…
Rampant corruption is a barrier to the realization of economic, social rights, further undermines already fragile institutions, including the judiciary and the police, and is deeply corrosive in every aspect of the daily lives of the Haitian people. (UN 2023-02-10)
HRW reports that "[r]eturns to Haiti are life-threatening now, and will continue to be so, until security conditions in Haiti improve" (2022-03-24). The Government of Canada states that "police presence across the country is limited and not guaranteed" (2024-01-09). According to MPI, "police are weak, lacking officers and equipment, leaving the population at the gangs' mercy" (2023-07-05). The same source reports that "[w]hat government does exist has been plagued by rampant corruption" (MPI 2023-07-05). INURED reported that the government has "limited political will" to assist Haitian migrants and returnees (2024-01-18). The Lawyer indicated that the government does not have the resources or the policies to assist returnees, [translation] "especially" those arriving from Canada and the US (2024-01-17).
According to the Officials, the official government agency responsible to assist migrants is the National Office of Migration (Office national de la migration, ONM) (2024-01-11). The Officials noted that the financial resources of ONM are limited, and they can offer very little assistance (2024-01-11). Similarly, the Lawyer stated that repatriated Haitians from the US or Canada receive [translation] "very little" assistance (2024-01-17). Sources reported that, upon arrival in Haiti, the ONM meets migrants and provides them with a small amount of funds to travel home (Lawyer 2024-01-17; INURED 2024-01-18). Sources indicated that protection is ["extremely" (Officials 2024-01-11)] limited (Officials 2024-01-11; INURED 2024-01-18) or [translation] "non-existent" in Haiti (Lawyer 2024-01-17). In the joint interview with the Research Directorate, the Director and the Independent Anthropologist reported that there is "absolutely no protection whatsoever" for returnees and that the State cannot "ensure their safety" (Director 2024-01-16; Independent Anthropologist 2024-01-16). The same sources added that the state "cannot handle transportation" for returnees to return to their communities (Director 2024-01-16; Independent Anthropologist 2024-01-16).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] Haitian Bridge Alliance (HBA) is non-profit community organization that "advocates for fair and humane immigration policies" and offers "humanitarian, legal, and social services" to migrants and immigrants, "with a particular focus on Black people, the Haitian community, women and girls, LGBTQIA+ individuals, and survivors of torture and other human rights abuses" (HBA n.d.).
[2] Défenseurs Plus is a non-profit collective defending human rights in Haiti "to achieve a true democratic rule of law" (Défenseurs Plus n.d.).
[3] The International Organization for Migration (IOM) in Haiti provides "humanitarian assistance to migrants, including Internally displaced persons (IDPs) and repatriated migrants and by strengthening state capacities" in partnership with the government of Haiti and non-governmental organizations (UN n.d.b).
[4] Interuniversity Institute for Research and Development (INURED) is a research institute based in Port-au-Prince that "contribute[s] to the development of high-level research and scientific training in Haiti with the aim of improving the educational, socioeconomic, and political conditions of Haiti's people" (INURED 2024-01-18).
References
Canada. 2024-01-09. Global Affairs Canada. "Haiti Travel Advice." Travel.gc.ca. [Accessed 2024-01-09]
Défenseurs Plus. N.d. "Who we are?" [Accessed 2024-01-24]
Director, Haitian Bridge Alliance (HBA). 2024-01-16. Joint interview with the Research Directorate.
Haitian Bridge Alliance (HBA). N.d. "About Us." [Accessed 2024-01-19]
Human Rights Watch (HRW). 2023-01-12. "Haiti." World Report 2023: Events of 2022. [Accessed 2024-01-08]
Human Rights Watch (HRW). 2022-03-24. "Haitians Being Returned to a Country in Chaos: Humanitarian, Security Crisis Makes Deportations Unsafe." [Accessed 2024-01-08]
Independent Anthropologist. 2024-01-16. Joint interview with the Research Directorate.
Institute for Justice and Democracy in Haiti (IJDH). 2023-12. Human Rights and the Rule of Law in Haiti: Key Recent Developments June through November 2023. [Accessed 2024-01-09]
Institute for Justice and Democracy in Haiti (IJDH). N.d. "About Us." [Accessed 2024-01-24]
Interuniversity Institute for Research and Development (INURED). 2024-01-18. Correspondence from the Chancellor to the Research Directorate.
Lawyer, Co-Director of Défenseurs Plus. 2024-01-17. Interview with the Research Directorate.
Migration Policy Institute (MPI). 2023-07-05. Emmanuela Douyon. "Haitians Flee a Nation Nearing Collapse." [Accessed 2024-01-08]
Migration Policy Institute (MPI). N.d. "About the Migration Policy Institute." [Accessed 2024-01-08]
Officials. 2024-01-11. International Organization for Migration (IOM). Interview with the Research Directorate.
United Nations (UN). 2023-09-25. Human Rights Council. Situation of Human Rights in Haiti. (A/HRC/54/79) [Accessed 2024-01-10]
United Nations (UN). 2023-09-15. Security Council. Final report of the Panel of Experts on Haiti Submitted Pursuant to Resolution 2653 (2022). (S/2023/674) [Accessed 2024-01-10]
United Nations (UN). 2023-04-28. Committee on the Elimination of Racial Discrimination (CERD). Situation of Migrants, Asylum Seekers and Refugees of Haitian Origin in the Americas Region. [Accessed 2024-01-08]
United Nations (UN). 2023-02-10. Office of the High Commissioner of Human Rights. "UN High Commissioner for Human Rights Volker Türk Concludes his Official Visit to Haiti." [Accessed 2024-01-09]
United Nations (UN). 2023-02. International Organization for Migration (IOM). Repatriated Migrants in Haiti by Air and Sea in 2022: Profiles and Needs. [Accessed 2024-01-08]
United Nations (UN). N.d.a. International Organization for Migration (IOM). Statistics on Forced Returnees in Haiti since 2021. [Accessed 2024-01-08]
United Nations (UN). N.d.b. International Organization for Migration (IOM). "IOM in Haiti." [Accessed 2024-02-09]
United States (US). 2023-03-20. Department of State. "Haiti." Country Reports on Human Rights Practices for 2022. [Accessed 2024-01-15]
Additional Sources Consulted
Oral sources: Representative of Centre justice et foi; representative of the Groupe d'appui aux rapatriés et réfugiés; representative of the Initiative citoyenne pour les droits de l'homme; representative to the Office of the United Nations High Commissioner for Human Rights for Haiti.
Internet sites, including: Al Jazeera; Amnesty International; Associated Press; Austrian Red Cross – Austrian Center for Country of Origin & Asylum Research and Documentation, ecoi.net; Axios; Belgium – Commissioner General for Refugees and Stateless Persons; CARICOM; Défenseurs Plus; Doctors Without Borders; The Hill; InSight Crime; International Crisis Group; Miami Herald; National Public Radio; The New York Times; Organization of American States; Réseau national de défense des droits humains; Reuters; Toronto Star; United Nations – Integrated Office in Haiti; United States – Agency for International Development, Department of Homeland Security; Washington Office on Latin America.