Amnesty International: Deportation of migrants 'extremely alarming'

AMNESTY International is calling on the Government of Trinidad and Tobago to adhere to its obligations under international laws for human rights.

The global body, which campaigns for an end to abuses of human rights, released a statement on the deportation of 98 Venezuelan migrants from TT last week.

Labelled Trinidad and Tobago: Authorities must stop deporting refugees and asylum seekers, the statement described the deportation as "extremely alarming.

"The human rights crisis and complex humanitarian emergency in Venezuela are of such magnitude that 25 per cent of the nation’s population has been forced to flee the country in the last few years, a figure that continues to rise.

"International law leaves no room for doubt: refugees and asylum seekers throughout the world cannot be returned to places where their life and integrity could be at risk. No one can be subjected to mass expulsions.”

Amnesty said now more than ever, "American states" must guarantee the rights of asylum seekers and refugees who are in urgent need of international protection.

The group said governments in the region should scale up their efforts to assist and support the countries hosting refugees and migrants amid humanitarian crises.

"All persons forced to flee the situation of massive human rights violations in Venezuela require a response from a human rights-based perspective, with strict adherence to the principle of non-refoulement, regardless of their migration status."

Amnesty said it received information that some of the deported migrants had asylum-seeker and refugee status.

Newsday contacted the UN High Commission for Refugees (UNHCR) on Wednesday in an attempt to confirm whether that was true. However, there was no response up until press time.

On applying to become an asylum seeker, the UNHCR's website states, "Any foreign national or stateless person at a border point or within the territory of Trinidad and Tobago may apply for asylum, regardless of age, sex, gender, nationality, race, religion or political opinion if he or she fears to return to his or her country of origin because a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.

"Children have also the right to seek asylum even when a representative or guardian is not present to do it on their behalf."

The website also says that asylum seekers and refugees are protected from forcible return to a country where their life or freedom may be in danger.

"Even if you enter the country without a visa or entry permit, you may not be deported while your asylum claim undergoes a due process of analysis," the website states.

TT became a signatory of the UNHCR’s 1951 Refugee Convention in 2000 but is yet to enact any domestic legislation. Article 31 of the convention says no signatories are “to impose penalties, on account of their illegal entry or presence,” of any asylum-seekers.

But in ruling on an application for judicial review brought by a Venezuelan migrant in early July, Justice Frank Seepersad said obligations under the 1951 UN Refugee Convention and the principles of non-refoulement do not apply to TT, as they were not incorporated in domestic law. The migrant, Yohan Jesus Rangel Dominguez challenged a deportation order issued by the Ministry of National Security in March. His application was dismissed.

This is not the first time TT has come under scrutiny for deporting asylum-seekers. In 2018, a group of 82 migrants, some of whom were asylum-seekers) were deported.

The then-UNHCR assistant high commissioner for protection Volker Türk questioned whether TT had broken its international treaty. He said he would be seeking clarification on the deportation to ensure TT abides by its international obligations.

About a week later at a post-Cabinet press conference, the Prime Minister lashed out at Türk, saying he “will not allow without protest any international agency to misrepresent our circumstance to the world and stay in TT.”

Rowley said TT was not a refugee camp and vowed to complain to the UN about those who "take it upon themselves" to speak about TT.

Amnesty said it had previously warned of the vulnerability of refugees and asylum seekers in TT after Seepersad's ruling.

"This ruling is in contravention of a state’s obligations under international refugee and human rights law, including the 1951 Convention Relating to the Status of Refugees, which this country has signed.

"Amnesty International urgently calls on the authorities of Trinidad and Tobago to respect their legal commitments and international human rights law, including the absolute principle of non-refoulement of individuals where their right to life and freedom from torture or other cruel, inhuman or degrading treatment or punishment is at risk. It is imperative that the deportation of those facing the risk of persecution and human rights violations in their places of origin be halted immediately."

Newsday contacted National Security Minister, Fitzgerald Hinds several times throughout the day on Wednesday for comment on Amnesty's statement. Hinds answered our calls twice and advised he was not able to speak as he was in meetings. There was no response to subsequent calls and messages to his phone. Foreign Affairs Minister, Dr Amery Browne deferred questions on Amnesty's statement to Hinds.

The Caribbean Centre for Human Rights (CCHR) also released a statement about the deportation.

It labels the deportation as a violation of international human rights law and the commitments TT made as part of the Refugee Convention.

"The treatment of asylum seekers and refugees by the state continues to be arbitrary, inconsistent, and ad hoc thus highlighting the need to domesticate the Convention so that it is reflected in our local legislation. A refugee policy is also needed to ensure that the rights of refugees and asylum-seekers are guaranteed. This latest round of deportations must be condemned at all levels since it endangers those who fled persecution in their country of origin and sends them back to a situation where risks to their safety and security prevail."

The CCHR said the majority of deported Venezuelans were asylum seekers registered with the UNHCR and their deportation denies them their right to have their claims for refugee status processed.

The group said a mother with TT-born children was a part of the group deported, leaving her children behind.

"This contravenes the principle of family unity and the best interest of the child principle. Other women still in detention face imminent deportation once arrangements are made for their children, who are not in detention, to join them. These children will face unimaginable trauma directly linked to the deportation process and these approaches do not take into consideration best interest determination practice specific to children's interest and well-being."

It said international law prohibits collective expulsion as it is "arbitrary, does not respect due process and foregoes individualized assessments of cases to determine protections that a potential deportee may be entitled to under international human rights law.

"This can lead to highly prejudicial decisions as seen with the deportation of two refugees identified by UNHCR for resettlement to a third country. This deportation severely compromises their resettlement process and effectively denied them of the protections owed."

The CCHR said it renews its call for the Government to establish a refugee policy.