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Migration: The World Justice Clinic and the Fray Matas Human Rights Center ask Mexico to provide protection to the natives of Haiti as refugees, based on the 1984 Cartagena Declaration

  • June 9, 2024
  • 7 Min
  • 6
migration:-the-world-justice-clinic-and-the-fray-matas-human-rights-center-ask-mexico-to-provide-protection-to-the-natives-of-haiti-as-refugees,-based-on-the-1984-cartagena-declaration

It is a document written by the World Justice Clinic, a program within the New York University School of Law, and the Fray Matías Human Rights Center.

This document was accessed by AlterPresse on June 7, 2024

The time has come: Mexico must provide Haitians with protection as refugees, based on the 1984 Cartagena Declaration

The World Justice Clinic announces our report, available in English and Creole.

The World Justice Clinic, a program of the New York University School of Law, wrote the report together with the Centro de Derechos Humanos Fray Matías AC (Fray Matías Human Rights Center), an organization in Tapachula, Mexico.

Our report is based on an analysis of the conditions in Haiti and the existing legal provisions in Mexico.

The government of Mexico owes Mexico protection to Haitian migrants as refugees.

At the end of April 2024, we visit the capital of Mexico to launch our report in Spanish, and we meet with the authorities of the Mexican government. We hope the new administration of Mexico will consider our pleas, and offer better refugee protection for Haitian migrants.

Considering the increasing violence in Haiti, the protection of the refugee has become more important than before.

Moreover, in recent years Mexico has received a greater number of Haitian migrants. Between 2021 and 2023, there were many natives of Haiti, men and women, who sought more to obtain refugee status in Mexico.

During the same period, of the 110,000 natives of Haiti who applied for refugee protection, only 5,200 received refugee status.

This means that only more than 4 percent of native Haitians have succeeded in obtaining refugee status in Mexico.

This percentage is lower among all other natives of 5 other countries, who have applied for refugee status in Mexico. This fact shows the prejudice against the natives of Haiti, who have a very fragile nationality.

The government of Mexico must grant the natives of Haiti, who are on Mexican territory, refugee status, based on the 1984 Cartagena Declaration on Refugees.

The 1984 Cartagena Declaration on Refugees guarantees refugee status to all those who are under threat to their lives, who are under threat to their safety, who are under threat to their freedom, due to the conditions in the country they come from.

This report provides details on the many acts of violence, on the overthrown government, on the many acts of masoináy human rights and other threats to the public order that put the women and men of Haiti in danger.

These violent situations show that the natives of Haiti, who are on the territory of Mexico, are qualified, which means that they have the right to receive refugee protection status based on the 1984 Cartagena Declaration on Refugees.

Mexico, a signatory to the 1984 Cartagena Declaration on Refugees, brought him under its domestic law.

This means that the government of Mexico must recognize the natives of Haiti as refugees based on the 1984 Cartagena Declaration on Refugees, which is incorporated into Mexican law.

Just after we did the research to write this report, the United Nations High Commissioner for Refugees (Hcr) released new provisions called International Protection Guidelines (Consideration for international protection) for the natives of Haiti, which encourages the State of all countries to respect what is written in the 1984 Cartagena Refugee Declaration in favor of the natives of Haiti.

As we approach the 40th anniversary of the 1984 Cartagena Refugee Declaration (it was between November 19 and 22, 1984, the Cartagena Refugee Declaration was signed, in Colombia), we look forward to this June 2024 report, Global Justice Clinic , which is part of the New York University Law School, written together with the Fray Matías Center for Human Rights, will encourage the Mexican government to comply with the requirements of its domestic law.

We hope that this report will also encourage the States of other countries in America to respect the rights of native Haitian migrants who have arrived home.

We hope this report will support the work of lawyers, militants and all the natives of Haiti, who are struggling to get the refugee protection status.

With all due respect,

World Justice Clinic

Gabrielle Apollon ([email protected])

Ellie Happel ([email protected])