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– AFC calls on CARICOM to intervene, condemns gov’t “anti-regional integration” posture
By Svetlana Marshall
President of the Association of Haitian Nationals in Guyana, Kesnel Toussaint has asked the High Court to order the Government to release the 26 Haitians being held at the Hugo Chavez Centre for Rehabilitation and Reintegration at Onverwagt, Region Five.
The Ministry of Home Affairs had said that the 26 Haitians, inclusive of seven children, were part of a Human Trafficking ring, but Toussaint, in rebuffing the claim, said the Haitians were all granted a six month stay upon their arrival in Guyana on November 7, 2020.
Through his Attorney Darren Wade, Toussaint filed a writ of habeas corpus ad subjiciendum with the hope of having his fellow Haitians freed. In his Affidavit, he told the Court that hours after their arrival in Guyana, the Haitians were apprehended by the police. A group was removed from the Bristol and Bristol Hotel, located on South Road, Georgetown, while another group was arrested on the Linden-Soesdyke Highway. He complained that since their detention, three weeks ago, they have been denied Counsel, though several requests were made.
On Friday, the case, brought against the Commissioner of Police Nigel Hoppie and the Attorney General Anil Nandlall, came up before Justice Priya Sewnarine-Beharry.
In her appearance on behalf of the Attorney General, Attorney-at-Law Pritima Kissoon told the Court that the Haitians are being kept in custody for deportation but Wade reminded the Court that it was unlawful to have persons in custody in excess of 72 hours. Further, he submitted that the rights of the Haitians are being violated.
When asked by Justice Sewnarine-Beharry whether the detained Haitians were granted a six month stay upon their arrival in Guyana, Kissoon reportedly told the Court that she was unable to indicate at the moment.
Interjecting, Wade told the Court that the Government had not secured a deportation order from the Magistrates’ Court. He also used the opportunity to express his disappointment that the police have been barring the Legal Counsel from speaking with the detainees.
Based on a request by Kissoon, the Court ordered the Attorney General to file an Affidavit of Defense by the end of the month. Through his attorney, Toussaint has until December 2, 2020 to file an Affidavit in Reply. Giving the urgency of the matter, the High Court is likely to hand down its judgment in the early weeks of December.
ANTI-REGIONAL INTEGRATION POSTURE
Weighing in on the treatment of Haitians in Guyana during a virtual press conference on Friday, Alliance For Change (AFC) Vice Chairman, Catherine Hughes said the situation leaves much to be desired, and as such called on the Caribbean Community (CARICOM) Secretariat to convene an extraordinary meeting of Heads of Government to address the burning issue.
“The Alliance For Change condemns in the strongest possible terms any action by the controversial PPP Government that would result in Haitian nationals requiring a visa to enter Guyana. It is anti-regional integration, it is against the principles of the CARICOM Single Market and Economy (CSME) and shows total disregard and contempt for the valiant struggle of those who fought to unite the peoples of the Caribbean,” Hughes said.
Hughes, in reminding the People’s Progressive Party/C (PPP/C) Administration that the free movement of people is critical to regional integration, said the Government should be mindful that the CSME abolishes discrimination on grounds of nationality in all member states.
Article 45 states that “Member States commit themselves to the goal to free movement of their nationals within the community.” As a signatory to the CSME and a forerunner in regional integration, Guyana has an obligation to uphold all principles of the CSME, the AFC Vice Chair said.
“Since the earliest attempts of regional integration with the establishment of the West Indian Federation through to the establishment of the CSME, Guyana has been at the forefront in uniting the peoples of the region. The PPP must not be allowed to destroy these efforts. This situation has become even more acute by the arbitrary arrest and prolonged detention of Haitians entering Guyana,” she reasoned.
Given the current situation, the AFC is calling on Regional Heads of Government, the CARICOM Secretariat, Heads of Regional institutions and the people of the Region to condemn, what it describes as the racially biased and provocative actions of the PPP/C Administration.
