Faced with the rapid deterioration of the security, humanitarian and human rights situation in Haiti, the United Nations Refugee Agency (UNHCR) is issuing new legal guidance to guarantee access to international protection for Haitians who need it.

"The lives, security and freedom of Haitians are threatened by skyrocketing gang violence and human rights violations. UNHCR reminds States that it is imperative to ensure that Haitians who may need international protection as refugees benefit from it,” underlines Elizabeth Tan, Director of the UNHCR International Protection Division, adding "We also reiterate our call to all States not to forcibly return people to Haiti, including those whose asylum applications have been rejected."

In its new guidance, UNHCR considers that, in accordance with the 1951 Refugee Convention, Haitians who should be considered eligible for refugee protection...

In addition, Haitians are also eligible for refugee protection under the regional definition of refugee status contained in the Cartagena Declaration (1984).

Additionally, States may consider granting additional or temporary protection to persons from Haiti, as well as other legal stay arrangements, such as family reunification, humanitarian visas and access to administrative documents. Several countries on the American continent already offer these alternatives to uprooted Haitians, thus strengthening their protection and allowing them to integrate into the communities that welcome them.

As of mid-2023, UNHCR recorded 312,000 Haitian refugees and asylum seekers worldwide. Furthermore, UNHCR notes a worrying trend for Haitians to undertake dangerous journeys across continental America and the Caribbean, where sea travel is particularly risky. The complex challenges posed by refugee and migrant movements in the Americas can only be effectively addressed through a comprehensive and concerted regional response.

HL/ HaitiLibre