Chile and Haiti: Situation and treatment of Haitian nationals in Chile, including access to employment, housing, and social services; state protection (2021–January 2023)
1. Situation of Haitian Nationals
According to Cristián Doña-Reveco, an associate professor of sociology and anthropology and director of the office of Latino/Latin American studies at the University of Nebraska Omaha who has conducted research on immigration in Chile (Doña-Reveco n.d.), citing the Chilean National Statistics Institute (Instituto Nacional de Estadísticas, INE), the government body responsible for [translation] "producing the country's official statistics" (Chile n.d.a), Haiti was the country of origin for 12.5 percent, or 183,000, of Chile's 1,462,000 immigrants in 2020 (Doña-Reveco 2022-05-18). Citing the National Migration Survey 2022 [1] conducted by the World Bank, the UC Center for Surveys and Longitudinal Studies, and Chile's National Migration Service, ContentEngine (CE) Noticias Financieras English, which compiles "news, data, and market research to meet a broad range of information and intelligence needs" (CE Noticias Financieras n.d.), reports that 19 percent of all migrants in Chile are Haitians (CE Noticias Financieras 2022-12-19). Additionally, the National Migration Survey 2022, cited by the same source, indicates that 89 percent of Haitian migrants in Chile "plan to stay in the country for the next five years" (CE Noticias Financieras 2022-12-19).
Doña-Reveco indicates, based on their analysis of data from the last population census in Chile carried out in 2017, that 64 percent, or 117,000, of Haitian nationals in Chile arrived between 2017 and 2020 (2022-05-18).
According to an article published by the Los Angeles Times (LA Times), Haitians in Chile have "mostly" settled in the areas surrounding Santiago, in "working-class districts, often in cramped housing" (2021-10-01). The same article reports that Haitians "typically" occupied low-wage jobs (Chile's minimum wage is "about [US]$430 a month") such as working in restaurants, hotels, construction sites, maintenance and factories, and as street vendors (LA Times 2022-10-01). CE Noticias Financieras finds, based on data from the National Migration Survey 2022, that the labour participation rate of migrants in Chile is "high," and that for Haitian migrants in particular, 86 percent of them are salaried (2022-12-19).
Doña-Reveco reports that "[r]ecent public concerns about immigration" have led to "challenges" for migrants, particularly for Haitian nationals, "who comprise the first significant Black population in Chile and may not necessarily speak Spanish as a first language" (2022-05-18). Similarly, the LA Times writes that Haitian nationals in Chile "often face discrimination" as "Chile's first major Black demographic presence," in a country "where most residents have European or Indigenous roots" (2021-10-01). Without providing further details on the survey cited, the same source indicates that a "2019 government survey" showed that "almost half of Haitian respondents in Chile said they had experienced discrimination because of their race or inability to speak Spanish" (LA Times 2021-10-01).
1.1 Legislation
The US Department of State's Country Reports on Human Rights Practices for 2021 indicates that the principles of equal treatment and non-discrimination are "explicitly protected in the constitution" of Chile (US 2022-04-12, 13). The Political Constitution of the Republic of Chile 1980, amended in 2022, includes the following provisions:
Article 19
[Last amended by Law No. 21.383 of 14 October 2021]
The Constitution assures to all persons:
…
2. Equality before the law. In Chile there is no privileged person or group. …
3. Equal protection of the law in the exercise of their rights.
…
16. Freedom to work and its protection.
Any person has the right to freely contract [for] and to the free choice [of] work, with a just compensation.
Any discrimination which is not based on personal capacity or capability [idoneidad] is prohibited, without prejudice that the law can require Chilean citizenship or age limits in certain cases.
… (Chile 1980, brackets in original)
According to the UN Committee on the Elimination of Racial Discrimination (CERD), Chile's Anti-Discrimination Law (Law No. 20,609) "is limited to 'arbitrary' forms of discrimination, which could lead to interpretations that would justify certain discriminatory actions and relieve the persons committing those of actions of accountability (arts. 1-2)" (UN 2022-09-13, para. 10). Anti-Discrimination Law No. 20,609 (Ley no. 20.609, Ley Antidiscriminación) provides the following:
[translation]
Article 1.- Purpose of the law. The fundamental purpose of this law is to implement a legal mechanism that can effectively re-establish the rule of law whenever an arbitrary act of discrimination is committed.
It will apply to all state government bodies, in their jurisdictions, to develop and implement policies that guarantee, without arbitrary discrimination, everyone’s enjoyment and exercise of their rights and freedoms, recognized by the Political Constitution of the Republic, the laws and the international treaties ratified by Chile that are in force.
1 March of every year is declared the Day of Social Inclusion and Non-Discrimination
Article 2.- Definition of arbitrary discrimination. For the purposes of this law, arbitrary discrimination means any distinction, exclusion or restriction that lacks reasonable justification, carried out by state officers or individuals that causes hardship, dislocation or risk in the legitimate exercise of the fundamental rights set out in the Political Constitution of the Republic or international treaties on human rights ratified by Chile and in force, specifically when based on grounds such as race or ethnicity, nationality, socioeconomic status, language, ideology or political opinion, religion or creed, association or participation in unions or lack thereof, sex, maternity, maternal lactation, breastfeeding, sexual orientation, gender expression and identity, civil status, age, parentage, personal appearance and illness or disability.
The categories referred to in the previous subsection cannot be invoked, in any instance, to justify, validate or excuse situations or conduct contrary to law or public order.
The distinctions, exclusions and restrictions that are considered reasonable, are nevertheless based on some of the criteria set out in the first subsection. They are justified in the legitimate exercise of another fundamental right, in particular those referred to in numbers 4, 6, 11, 12, 15, 16 and 21 of article 19 of the Political Constitution of the Republic or in another constitutionally legitimate case. (Chile 2012)
Additionally, CERD writes that there is no existing national law that criminalizes "all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, racially motivated violence, and participation in organization or activities that incite racial discrimination" in Chile (UN 2022-09-13, para. 18).
According to an interview conducted by the LA Times, the director of the Jesuit Migrant Service (Servicio Jesuita a Migrantes, SJM), "a nonprofit Roman Catholic aid group," indicated that "'[t]here has been a failure of public policies to include Haitians, which has to do with the language barrier, with social and employment discrimination, and also with racism'" (LA Times 2021-10-01).
2. Treatment of Haitian Nationals
2.1 By Authorities
CERD states that there has been a "rise in derogatory speech and hate speech, xenophobic manifestations of rejection of migration, and violence against migrants and refugees, including instances of excessive use of force by the police" in Chile (UN 2022-09-13, para. 18). The same source adds that Chilean police and other law enforcement actors "regularly subjec[t]" both "migrant and Afrodescendent communities" to practices of "racial profiling" (UN 2022-09-13, para. 22).
In an interview with the LA Times, a nursing technician and Haitian national in Santiago tried to lodge a complaint with the police after a "dissatisfied client" used a "racial epithet" and "threatened to 'ruin'" her life, but the police "refused to take her statement" (LA Times 2021-10-01).
2.2 By Society
An article published by the Houston Chronicle with contributions from the Associated Press (AP) reports that Haitians in Chile face "racism and xenophobia" as the country is "notably less racially diverse" than other countries in the region, and Haitians face "language barriers" that migrants from other countries, such as Venezuela and Peru, do not face (Houston Chronicle & AP 2021-09-21). According to interviews carried out in Tapachula, Mexico, in October 2021 by Amnesty International and the Haitian Bridge Alliance (HBA) [2], "[r]acial discrimination and other forms of intersecting discrimination," including both "constant microaggressions" and "overtly racist acts," were among the contributing factors that led Haitian nationals to leave Chile for other countries in the Americas (Amnesty International 2021-10-28, 8). According to the Wall Street Journal (WSJ), "polls show" that societal attitudes "have turned against migration" in Chile (WSJ 2021-12-17). A survey conducted by [translation] "the public opinion company Cadem" in February 2021, cited in a Spanish-language BBC article, found that 60 percent of Chileans "believed that the arrival of foreigners" in Chile is "'bad'" for the country (BBC 2021-05-27). The same source notes that this represents a 16-point increase from the survey results of July 2019 (BBC 2021-05-27). Doña-Reveco indicates that during the COVID-19 pandemic, "foreign born" individuals "were cast as carriers of disease and unworthy of the limited public-health resources" (2022-05-18).
According to CERD, "racial stereotypes of migrants and people of African descent" are present within "educational texts," and "students are portrayed mainly within white phenotypic features, while migrants are excessively racialized" (UN 2022-09-13, para. 34). In an interview with Amnesty International and the HBA, a Haitian migrant who left Chile indicated that they decided to do so "because their children were suffering racist bullying in school" (Amnesty International 2021-10-28, 8). Other Haitian migrant interviewees faced "discriminat[ion] in their places of work" in Chile, including those who shared the following testimonials:
As one man in his 30s put it: "You can be doing the same job (as a person of another race or nationality), and they pay you less and ask for more." One man in his 50s told Haitian Bridge Alliance that he was never paid after working for four days on a construction project, which happened to him often. He said it was not worth reporting the wage theft to the Chilean authorities. A woman told Amnesty International that on the bus in Chile she sometimes felt white people would move to another seat, rather than sit next to her. She felt people also spoke to her differently because she was black. One woman told Haitian Bridge Alliance that street vendors tried to prevent her from being a street vendor by not giving her the papers necessary to sell and by throwing water and other things at her when she tried to open shop. (Amnesty International 2021-10-28, 8)
3. Access to Services
According to CERD, migrants, asylum-seekers, and refugees in Chile "face major difficulties in accessing basic services," particularly regarding "employment, health services and education, including due to [a] lack of documents" (UN 2022-09-13, Para. 32). Similarly, S. Priya Morley, the Racial Justice Policy Counsel at the Promise Institute for Human Rights of the University of California, Los Angeles (UCLA) School of Law, writes in an article published on OpenGlobalRights [3] that Haitian migrants' "ability to find employment, access services, or otherwise integrate into Chilean society" is "impacted" by "widespread racial and gender-based discrimination" (Morley 2021-10-25). US Country Reports 2021 indicates that there have been "reports of discrimination against racial minorities and immigrants in the public health and education systems" (US 2022-04-12, 13). In an interview with WSJ, a Haitian employee at a municipal office in Santiago that "help[s] migrants access public services," states that if "'you don't have [a valid ID], you can't do anything'" in the country (WSJ 2021-12-17, brackets in original).
Among other racial minority groups such as Indigenous peoples, CERD indicates that migrants and women of African descent face "multiple forms of discrimination" in Chile, including in their "limited access to employment, education, health and migration regulations" (UN 2022-09-13, para. 12). The same source notes that medical treatment provided to Haitian women and women of African descent "are at times affected by stereotypes of ability to endure pain" and are "not delivered in a timely fashion" (UN 2022-09-13, para. 12).
3.1 Employment
Unemployment figures provided by the INE show that from August to October 2022, unemployment rose to 7.6 percent among Chile's [translation] "foreign" population, which was an increase of 0.5 percent over the preceding 12 months (Chile 2022-12-01). According to the same source, the national unemployment rate for the same period was 8 percent, "a year-on-year decrease of 0.1 percentage points" (Chile 2022-11-29, 1). For [translation] "foreign" women, INE notes that the unemployment rate stood at 10.8 percent, reflecting an increase of 2.4 percent in the preceding 12 months, compared to foreign men, which stood at 5.2 percent, and representing a decrease of 0.9 percent over the same period (Chile 2022-12-01).
According to the director of Chile's National Migration Service, cited in an article by the New York Times, undocumented migrants who are "invisible to the government" are "vulnerable to 'abuses'," including in the context of employment (The New York Times 2021-09-30). The New York Times article indicates that access to employment in Chile has become "scarcer" since the COVID-19 pandemic, and that "[m]any Haitians have become destitute" (2021-09-30). According to a Migration Policy Institute (MPI) [4] representative, who "studies African and Haitian migration in the Americas" and was interviewed for an article by Houston Public Media, a service of the University of Houston, Haitian migrants' visas in Chile "are closely tied to having a job offer," and it has been "'really difficult'" for Haitian immigrants to find jobs due to language barriers and because "'a lot [of Haitian migrants] have ended up falling into irregular status and so once they're in irregular status it's hard to get someone to offer them a job'" (Houston Public Media 2021-06-11).
According to the AP, a Haitian national residing in Chile, whose child is a Chilean citizen and who had worked for the same company in Chile for "'about four years'" before being laid off in 2021, indicated in an interview that it is "impossible to comply" with updated requirements for the regularization of their residency status (AP 2021-10-14). The AP reported that the same interviewee feels "caught in a vicious cycle" in which he cannot "get a new job without a valid identity card," and alternately, cannot "get his card renewed without an employment contract" (AP 2021-10-14).
3.2 Housing
According to the director of Chile's National Migration Service, cited by the New York Times, undocumented migrants who are "invisible to the government" are "vulnerable to 'abuses'," including in the context of housing (The New York Times 2021-09-30). The New York Times article indicates that access to housing in Chile has become "scarcer" since the COVID-19 pandemic, and that "[s]ome Haitians rent rooms in overcrowded, run-down homes," while others "became squatters" (2021-09-30).
According to an academic article by Macarena Bonhomme [5] published in 2021 and drawing on "a larger research project that consisted in a 17-month ethnography between 2015 and 2018 in one of the most multicultural neighbourhoods of Santiago," namely La Chimba in the commune of Recoleta, access to housing by migrants, including by Haitians, [translation] "is structured by racism," and "[m]any landlords or intermediaries restrict their rental contracts to certain people, often excluding Haitians," among other migrant groups, "depending on the case and the type of housing offered" (Bonhomme 2021, 169, 170–171, 174). The same source notes that [translation] "some" Chilean landlords, "as was corroborated in the focus group, put up notices saying, 'For rent only to Chileans' (maintaining a lower rent)" (Bonhomme 2021, 174). Bonhomme further writes that [translation] "discriminatory access to housing" "most significant[ly]" affects Haitian migrants, due to "perceptions that they can be abused because of the language barrier," their provenance from a "'poor'" country, and their "'lack of education'" (2021, 175).
Citing "[i]mmigration experts," the WSJ reports that Chile has shown an "inability to integrate foreigners after they arrived" in the country, and that as a result, "most" Haitians in Chile live "on the edges of society" (2021-12-17). According to the Inter Press Service (IPS)—an "international communication institution" that includes a "global news agency" and that focuses on the "voices of the South and civil society"—the annual supply of approximately 20,000 "social housing solutions" by the state, is "highly insufficient to meet the current need" (IPS 2021-12-21). The same source, citing a survey by TECHO-Chile, a [translation] "non-profit foundation" that provides support for individuals in situations of vulnerable housing (TECHO Internacional n.d.), states that the number of people living in "slums" or "camps" with "almost no access to water, energy and sanitation services" has "increased" over the last two years; according to the IPS article, slums built on "occupied land" and "lack[ing] basic services," are "mainly in Santiago and Valparaíso," and are "mostly" occupied by Colombians, Venezuelans and Haitians, namely 57,384 "children under the age of 14," and 25,000 "immigrants" (IPS 2021-12-21). Similarly, the WSJ reports that a "barrio" outside of Santiago called "Villa Dignidad, or Dignity," is home to "about 400 Haitian families" who have "built small, tin-roofed homes with no running water near the edge of a rail track" (2021-12-17).
3.3 Other Social and Integration Services
According to a communication by Chile's Ministry of Foreign Affairs, cited by the Inter-American Commission for Human Rights (IACHR) of the Organization of American States (OAS), during the COVID-19 pandemic, access to health care services for migrants was "guarantee[d]" through the extension of the validity period of their identity cards by one year, and refraining from the administrative practice of filing "abandonment" claims against foreign nationals who fail to attend their eligibility interview (OAS 2021, para. 228). However, for undocumented migrants, the migration legal advisor at Chilean Catholic Migration Institute (Instituto Católico Chileno de Migración, INCAMI), an organization that "defend[s] the rights of migrants," advocates with [Chilean] authorities, and provides services to "welcome, protect, and integrate" migrants, including providing legal advice, stated in an interview with CIVICUS [6] that "many" were "excluded from social benefits" and had no choice but to "stay in public places, unable to go anywhere else" under the public health restrictions of the COVID-19 pandemic (CIVICUS 2021-11-15).
US Country Reports 2021 notes that the Chilean government integrated interpreters into offices and provided information in languages other than Spanish, including Haitian Creole, and that "[s]everal" local governments implemented "plans for assisting" migrants accessing public services (US 2022-04-12, 13). In "dialogue" with the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families in April 2021, a delegation for Chile, which included the Under-Secretary of the Interior of the Ministry of Interior and Public Security of Chile, stated that there were 120 Haitian Creole or French-speaking interpreters throughout Chile, in addition to the establishment of a "remote translation platform" that "worked well with Haitian migrants" (UN 2022-04-09).
The delegation further indicated that the government has made efforts to ensure "access to education for migrant children," including "developing materials for pupils learning Spanish as a second language" (UN 2022-04-09). The delegation report also noted that Chile "would be" establishing 37 administrative sub-units and regional directorates outside of the Santiago area in charge of implementing "migration policies and address[ing] region-specific needs" (UN 2022-04-09). Information on the status of the establishment of the 37 administrative sub-units could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4. State Protection
According to CERD, Chile has not established an "ombudsman's office with a section specializing in issues of racial discrimination" (UN 2022-09-13, para. 16).
Regarding the government's attitude toward investigations by human rights actors of allegations of abuse, US Country Reports 2021 states that the National Institute of Human Rights (Instituto Nacional de Derechos Humanos, INDH), "an independent government authority that monitors complaints and allegations of abuse," was able to carry out its functions "independently and effectively," including releasing "public statements and an annual report," and putting forth "proposed changes to government agencies or policies to promote and protect human rights" (US 2022-04-12, 3, 9, 10). However, according to CERD, despite a recent increase, the INDH still does not have "sufficient" government funding to "fully discharge" its mandate (UN 2022-09-13, para. 16).
Diario Constitucional, a Chilean organization founded by [translation] "a group of professors of Constitutional Law" aiming to "bring together in a single space news related to various sources of public law" (Diario Constitucional n.d.), indicates that the new institutional framework for access to justice also integrates legal aid bodies and their existing programs related to civil, labour, and family law, among others, as well as the human rights service, which provides legal support and representation to survivors of human rights violations, in both judicial and administrative cases (Diario Constitucional 2021-01-07). For individuals who require access to legal aid services, the INDH's FAQ webpage indicates that they may contact the Judicial Assistance Corporation by telephone (Chile n.d.b). Regionally, the same source notes that individuals may reach out to the Legal Offices of the Judicial Assistance Corporation (Chile n.d.b). The INDH adds that foreign nationals have "the right to defense, just like Chilean citizens" and may request legal representation from the Public Criminal Defense Office, in legal and extradition proceedings (Chile n.d.b). Information on accessibility, rate of use, and instances of successful use of the new institutional framework by Haitian nationals in Chile could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. IPS reports that a "new [i]nterministerial [c]ommission" was established in May 2022 by the government "to propose solutions" to the situation of migrants and the "growing social problem that has given rise to expressions of xenophobia" (2022-05-16). The same source indicates that the interministerial commission includes the Director of the National Migration Service and civil organizations (IPS 2022-05-16). The same source notes, without providing further details, that Chile's President Boric specified that the solutions proposed by the group "must include other countries of origin or transit of migrants" (IPS 2022-05-16). Information on the progress, implementation, and effectiveness of the interministerial commission could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
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] The World Bank, the UC Center for Surveys and Longitudinal Studies, and Chile's National Migration Service's National Migration Survey 2022 is based on a sample size of 754,492 "foreigners of legal age who entered Chile between January 2016 and December 2020," and 3,742 completed surveys (CE Noticias Financieras 2022-12-19).
[2] The Haitian Bridge Alliance (HBA) is a "nonprofit community organization that advocates for fair and humane immigration policies" (Amnesty International 2021-10-28, 13).
[3] OpenGlobalRights is an independent online platform "housed at and supported by the Center for Human Rights and Global Justice and the Future of Rights Program at New York University School Law," that shares "different ideas and experiences" related to human rights (OpenGlobalRights n.d.).
[4] The Migration Policy Institute (MPI) is a "nonpartisan" organization with headquarters in Washington, DC that produces research and advocates for improved immigration and integration policies (MPI n.d.).
[5] At the time of the article's publication, Macarena Bonhomme was a postdoctoral scholar at Diego Portales University [in Chile]; the article was published in the journal Bitácora Urbano Territorial [Urban Territorial Journal], which is published by the National University of Colombia (Universidad Nacional de Colombia) (Bonhomme 2021, 168).
[6] CIVICUS is an international alliance of civil society organizations and individuals "dedicated to strengthening citizen action and civil society throughout the world" (CIVICUS n.d.).
References
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Additional Sources Consulted
Internet sites, including: ACAPS; Chile – Instituto Nacional de Derechos Humanos, Ministerio de Relaciones Exteriores; Freedom House; The Guardian; Haitian Times; Human Rights Watch; InSight Crime; Institute for Justice and Democracy in Haiti; Instituto Católico Chileno de Migración; International Crisis Group; International Journal of Cultural Studies; International Journal of Humanities and Social Science Invention; Jesuit Refugee Service; LatinAmerican Post; Organisation for Economic Co-operation and Development; Refugees International; Missionary Society of St. Columban; UN – Human Rights Council, International Organization for Migration, Refworld, UN News; University of Calgary; University of California Hastings College of the Law – Center for Gender and Refugee Studies; Washington Office on Latin America; Wilson Center.