National Coalition for Haitian Rights
275 Seventh Avenue, New York, NY 10001-6708

FOR RELEASE MAY 12, 1996

FOR FURTHER INFORMATION

Patrick Gavigan
(212) 337-0005 x19;
Fax: (212) 337-0028;
e-mail: Patrick Gavigan<refactpro@nchr.org>

Report on Haitian Immigrants in Dominican Republic Calls for Bilateral Approach to End Abuses

As the Dominican Republic prepares for a crucial presidential election on May 16, the government has stepped up repressive measures against its Haitian residents and Dominican citizens of Haitian descent, a policy characteristic of long-standing Dominican treatment of its Haitian populations, according to "Beyond the Bateyes: Haitian Immigrants in the Dominican Republic," a report released today by the National Coalition for Haitian Rights (NCHR), a non-governmental human rights organization based in New York.

Recognizing, however, that the election of new presidents on both sides of the island of Hispa¤ola in 1996 offers Haiti and the Dominican Republic an opportunity to break with the past and build a new, constructive relationship, NCHR calls upon the two governments to address the abuses suffered by the Haitian populations in the Dominican Republic within the context of bilateral initiatives on immigration, economic development, trade and tourism. NCHR also urges the United States, the United Nations, the Organization of American States (OAS) and development institutions such as the World Bank and the Inter-American Development Bank (IDB) to encourage and support a bilateral approach to economic and political stability on the island.

NCHR found that Haitian immigrants and Dominicans of Haitian descent are vulnerable to economic exploitation in labor-intensive industries such as agriculture and construction and subject to daily abuse, arbitrary arrest and deportation at the hands of the security forces because the Dominican government has refused to legalize their immigration status. Although President Balaguer issued a decree in 1990 requiring the "normalization" of the immigration status of all Haitian workers in the country, its provisions have rarely been enforced. Temporary work visas and labor contracts in agriculture (including the cane industry) still remain the exception and the terms and conditions of the contracts are rarely honored when available. In addition, the children of first-, second- or third-generation Haitians born in the Dominican Republic often face serious obstacles when seeking the Dominican citizenship to which they are legally entitled under the Dominican constitution.

The most common -- and serious -- abuse faced by Haitians and Dominicans of Haitian descent on a daily basis is the arbitrary round-up and forced deportation by the Dominican army. The army arrests and repatriates Haitians on its own initiative to "control" the border, in response to complaints from local politicians and merchants or requests from agricultural or construction businesses who choose to deport rather than pay Haitian workers, and, as the presidential election approaches, to remove from the country possible supporters of opposition candidates. Haitians who are caught in round-ups are usually stripped by soldiers of visas, passports or other identification and any cash or belongings they might be carrying, and are not permitted to notify friends or relatives or collect money or belongings before being deported.

Returning to the sugar cane industry -- the focus of four prior NCHR reports -- the report notes that, despite repeated promises over five years, the Dominican government has done little to curb abuses of Haitian cane cutters. Working conditions remain onerous and dangerous, freedom of movement is strictly controlled, effective pay is far below an already-miserly minimum wage, labor contracts are rarely used and effectively unenforceable, cheating in weighing and paying continues, union organizing is repressed and military units and armed field guards control the sugar plantations as if they were prisons, and the cane cutters, prisoners. Efforts by the Secretary of Labor to improve conditions -- primarily through the use of 25 inspectors to supervise 16 sugar mills and 400 bateyes -- have proved woefully inadequate.

For the fifth time in seven years, NCHR calls upon the Dominican Republic to honor its own Constitution and laws and the international human rights and labor agreements to which it is a party in its treatment of its Haitian residents and citizens of Haitian descent. In addition, NCHR urges the United States and the European Community, the Dominican Republic's largest trading partners, to close their markets to Dominican goods -- many of which, such as sugar, textiles and free trade zone products, have preferential access -- until the Dominican government ends the exploitation and abuses described in the report.

Finally, NCHR suggests that the United States, the European Community, United Nations refugee and development organizations, the OAS, the World Bank and the IDB broaden their development and democracy aid focus to encourage Haiti and the Dominican Republic to pursue joint initiatives tied to the normalization of relations and resolution of the immigration-related human rights suffered by Haitians in the Dominican Republic. For example, the legalization of long-term Haitian residents, provision of proper worker visas to seasonal Haitian workers, removal of the barriers to the ability of Dominicans of Haitian descent to fully enjoy their rights as Dominican citizens should precede international assistance for joint tourism or economic development projects in the border area. International aid could also help the Dominican Republic establish a demilitarized immigration system as a prelude to a new regime for bilateral border control and an agreement to govern the flow of seasonal labor between the two states.

The two republics have given encouraging indications of an interest in initiating bilateral discussions on at least some of these issues. Haitian President Ren‚ Pr‚val's inauguration in February 1996 began a series of bilateral cultural, business and political contacts culminating in Pr‚val's official state visit to Santo Domingo in mid-March, a bilateral commission to discuss trade and economic development issues and the arrest and deportation of Michel Fran‡ois and Frank Romain, two of the more notorious supporters of the coup against Aristide. NCHR urges both Haiti and the Dominican Republic to build on these initiatives to resolve the tensions between the two states and bring to an end the long-standing abuses detailed in the report.

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"Beyond the Bateyes" is the fifth report on the Dominican Republic published by the National Coalition for Haitian Rights (the previous four were published with Americas Watch) since 1989. The 66-page report is available from the National Coalition for Haitian Rights, 275 Seventh Avenue, 25th Floor, New York, NY 10001, for $10.00 plus $2.00 for shipping/handling. The report can also be downloaded free of NCHR charges by simply clicking on Beyond the Bateyes

The National Coalition for Haitian Rights (formerly the National Coalition for Haitian Refugees) is a not-for-profit organization that seeks to promote and protect the rights of Haitians and Haitian-Americans under U.S. and international law and to advance respect for human rights, the rule of law and support for civil society in Haiti. The Executive Director is Jocelyn McCalla. In addition to periodic reports on human rights issues affecting Haitians in Haiti and elsewhere, NCHR publishes Haiti Insight, a bi-monthly bulletin on human rights and refugee affairs. It is available upon request.