News: UNHCR Guidance on Haitians

Yesterday, UNHCR issued new guidance on "International Protection Considerations with Regard to People Fleeing Haiti" that reviews current country conditions and assesses international protection needs. The press release notes the following:

"In its new guidance, UNHCR considers that, in line with the 1951 Refugee Convention, Haitians who should be deemed eligible for refugee protection may include political activists, journalists, judges, lawyers and others fighting corruption and crime, among other risk profiles.

   Furthermore, Haitians may also be eligible for refugee protection under the 1984 Cartagena Declaration’s regional refugee definition. Under this definition applied by many countries in the region, refugee protection should be extended to individuals affected by circumstances that seriously disturb public order in the country and by generalized violence in areas impacted by gang activities.

   Countries may also consider granting complementary or temporary protection for people from Haiti, as well as other legal stay arrangements, such as family reunification, humanitarian visas, and access to documentation. Several countries in the Americas are already offering these alternatives to displaced Haitians, enhancing their protection and allowing them to integrate into the communities that welcome them."

The guidance concludes with a "call on States not to forcibly return anyone to Haiti, including those who have had their asylum claims rejected or who have otherwise been found not to be in need of international protection."