Govt releases detained Haitians ahead of High Court case

…blasts politicians using matter for “selfish agendas”

The 26 Haitians who were being detained by the Government pending deportation were on Wednesday evening released at a hotel of their choice ahead of a High Court case fixed for December 18, 2020.

The proceedings filed by Attorney-at-Law Darren Wade seek to challenge the constitutionality of the deportation order issued by Principal Magistrate Sherdel Isaacs-Marcus on December 01, 2020.
“The Government wishes to reject the wild and reckless allegations that are circulating on this matter, and implore that politicians and others cease exploiting and sensationalising this matter in the advancement of selfish agendas,” a statement from the Government on Thursday related.

According to the statement, since it cannot be determined when the legal proceedings will be concluded, the Haitians were offered the option of either to remain at the Hugo Chavez Rehabilitation and Reintegration Centre in Region Five (Mahaica-Berbice) or to be released at an address of their choice.
The statement noted that the Haitian nationals chose the latter.

According to the Government, up to late Wednesday evening, the foreign nationals were being accommodated at the State facility. After meals on Wednesday evening, the Government disclosed, the Haitians were dropped off at the address requested, with their valuables and passports delivered to them.
The Government has since clarified that the facility is not a detention centre, as is being reported in the media. The Government informed that the centre is properly staffed, resourced, and its guests are adequately fed and supervised. It said the facility is secure, and its conditions are hygienic.

Court case
On December 03, 2020, Chief Justice Roxane George granted a conservatory order halting the deportation of the Haitian nationals until she makes a pronouncement in the matter.
Wade is arguing that the Magistrate’s order for deportation is arbitrary and in violation of the fundamental rights provision of the Constitution of Guyana and the Revised Treaty of Chaguaramas (RTC).
The RTC established the Caribbean Community (Caricom) and the Caricom Single Market and Economy (CSME). In support of his position, the lawyer had told this publication that the foreign nationals were never charged for any immigration violation.
Attorney General Anil Nandlall is contending that Wade’s application to invoke sections of the fundamental rights provision of the Constitution of Guyana, specifically Article 47, is flawed since Haitians are not considered Commonwealth citizens under this provision.
Nandlall argued that this Article applies only to citizens of Guyana, the Commonwealth, and other countries listed therein. According to him, Haiti is not included among the territories.
Referring to the Haitians, Nandlall noted, “These persons are aliens under the Constitution [of Guyana]”. Further, the Attorney General argued that Haiti is not included in Caricom free movement under the CSME.

Human trafficking
Meanwhile, President Dr Irfaan Ali has stated that the 26 Haitian nationals were clearly victims of “people smuggling”.
“It is clear…this was people smuggling; a lot of it was people smuggling. You had children without their parents. You had the breach of our immigration laws, where everybody gave the same address and the address doesn’t exist…The investigation is ongoing, and the charges will be in place,” President Ali posited.
He went on to dismiss any notion that Government was considering visa restrictions against Haitians. The President said nothing of the sort has been discussed.
Police Headquarters had said that the Haitians were arrested in two separate Police operations – in a minibus along the Mabura Trail, Region 10 (Upper Demerara-Berbice), and in a city hotel.
The Police had also said they were detained after it was discovered that they had entered the country illegally via Suriname.
Police also related that they were en route to neighbouring Brazil at the time of interception. Following their arrest, the foreign nationals were taken to CID Headquarters, where they were interrogated and faced possible prosecution and deportation.
Guyana Times understands that the foreign nationals were charged for lying to immigration authorities about where they would be staying in Guyana. As a consequence, they were ordered deported.
Following their detention, the Home Affairs Ministry said it had teamed up with the Guyana Police Force to investigate the suspected human trafficking involving the Haitian nationals.