Monday, March 12, 2007
Last November, Human Rights Committee Deputy Chairman Vaughan Carter
stated that an investigation into how Cuban migrants are treated when
they arrive illegally had become a priority.
That announcement followed a stunning report in Cayman Net News that
authorities refused to give water to a migrant Cuban woman, who was
eight months pregnant.
She then departed our shores with her companions in a makeshift boat in
poor weather conditions and no one has heard or seen anything of her since.
The investigation was to include the reception, detention, access to
legal advice, repatriation to Cuba, as well the Memorandum of
Understanding (MOU) with Cuba that governs these arrangements.
Because this country's official policy has such a direct impact on the
life or death of the hundreds of Cuban migrants that pass through our
waters, we were encouraged that this investigation would be fast-tracked.
But it has been over four months since the Human Rights Committee (HRC)
announced its investigation and there is still no word as to the
findings, if any.
While we understand that the HRC is made up of volunteers and that they
have many issues to cover, the delay in publicising the findings is
simply unacceptable.
While there are certainly other matters that deserve the HRC's attention
– there are few policies that have such a direct consequence as life and
death, not the least of an unborn child.
As we have stated time and time again, this is a morally and legally
complicated matter, which requires a sound understanding of local and
international laws, as well as a basic respect for human life and dignity.
Any person who has sailed to Cuba or to Honduras in a well-equipped boat
will tell you that the water is rough and there is no doubt that Cuban
migrants die trying to get to Central or North America.
Although we do know that many Cubans repatriated to their country are
not incarcerated for long, if at all, because they are often seen again
on these Islands, we know from first-hand reports that political
dissidents are frequently jailed for extended periods.
Since we cannot be sure what percentage of the Cuban boat people are
leaving for economic reasons and the number that are escaping political
oppression, it is difficult to know just how many that are repatriated
are put in jail indefinitely. What we do know is that there are at least
283 political prisoners in Cuba at the end of 2006 according to the US
Department of State.
We also know that Cubans that come here on makeshift boats have no
access to legal advice. They are entitled to apply for political asylum,
but there are numerous reports that filing an application is an uphill
battle which, if true, is in direct contravention of the United Nations
Refugee Convention.
Government policy states that migrants encountered in Cayman's waters or
who come ashore are refused permission to land and will not be allowed
assistance to continue their journey.
Those able to depart immediately are allowed to leave. Otherwise, they
are detained and repatriated to Cuba.
It is believed this policy would deter Cubans from heading through
Cayman waters in makeshift boats and consequently save lives. This
policy is clearly not working and should be re-examined.
Four months ago, Mr Carter said, "If the HRC is able to establish that
there is a strong indication that the practice in Cayman fails to live
up to international human rights obligations, it would, at that time,
urge the authorities to take action to ensure that no harm came to these
persons."
Last week, with hundreds of tourists and locals watching, immigration
officers, broke away from the official policy and gave the Cubans a
crate of water. They also allowed tourists and local residents to give
them food, hats, sunglasses and other assistance.
This is evidence of the moral dilemma that immigration officers must
face everyday when they see Cubans in desperate straits – to follow the
official policy or to follow their conscience.
It is time that all aspects the of Cuban boat people become part of a
public debate since we, as a people, are judged by how we treat our
refugees. It is also imperative that whatever policy is in place, the
treatment of refugees is monitored by an independent body to ensure that
their rights are observed.
This moral dilemma is not unique to the Cayman Islands, but is a
regional issue requiring international debate. A point the HRC should
make clear in their report, if their investigation ever moves forward.
http://www.caymannetnews.com/cgi-script/csArticles/articles/000125/012567.htm
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