HAITI: IGOH STILL RESISTS CRIMINAL DEPORTEES

UNCLAS SECTION 01 OF 03 PORT AU PRINCE 002805

SIPDIS

SENSITIVE

DHS FOR JOHN CASTRO
WHA/CAR FOR DANIEL STEWART AND JOHN O'MALLEY
INR/IAA (BEN-YEHUDA)
S/CRS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM KHLS SMIG HA
SUBJECT: HAITI: IGOH STILL RESISTS CRIMINAL DEPORTEES

REF: PAP 02620


1. SUMMARY. Although the security situation in
Port-au-Prince has improved dramatically and is manageable,
Interim Minister of Interior Paul Magloire opposes the
resumption of criminal deportations from the US to Haiti,
fearing that deportees might be enlisted to disrupt the
elections, harm a candidate, and/or undermine the Interim
Government (IGOH). Magloire also wishes to transfer
responsibility for the program from Interior to the Ministry
of Justice, as he wishes to distance himself from accusations
of deportee imprisonment and family extortion. Magloire
urged to Charge that resumption of removals be put off until
after the elections, and he also asked for "bridge financing"
to accommodate deportees until a formal solution to the
problem could be arranged. He stated that the long awaited
decree on criminal deportees establishing a Center for
Transition and Social Reintegration would be published within
two to three weeks, but admitted that no funding exists for
such a program. Post and DHS will continue to engage the
IGOH to facilitate resumption of the Justice Prisoner and
Alien Transport flights as soon as possible. END SUMMARY.

Background ---


2. Due to widespread rumors and concerns that the steady
influx of criminal deportees from the United States to
Port-au-Prince was contributing to increased violence and
kidnappings during the late spring of 2005, the Interim
Government of Haiti (IGOH) requested a temporary halt to
criminal deportations. While the USG did not declare an
official moratorium, no criminal deportations have taken
place since June 2005. DHS has a backlog of over 150 persons
awaiting removal, and it expects approximately 750 more
Haitians will become eligible for removal in the coming year.
Non-US citizens who are not returned to their country of
origin in a timely manner after completing their term of
incarceration must be released under US law.


3. The Ministry of the Interior has been the action agency
inside the IGOH. In June 2005, Interim Prime Minister Gerard
Latortue asked his cabinet to come up with a solution to the
deportee problem. The cabinet formed a "Commission on
Deportees" composed of Interim Minister of the Interior Paul
Magloire, Interim Minister of Justice Henri Dorleans, Interim
Minister of Foreign Affairs Herard Abraham, and Interim
Minister of Haitians Living Abroad Alix Baptiste. Between
June and October 2005, the commission drafted a decree on
deportees and vetted it through various groups, including the
International Organization for Migration and MINUSTAH. IGOH
officials repeatedly asked former Ambassador Foley, Charge,
DCM and Emboffs to wait for the publication of the decree
before resuming criminal deportations.

Decree on Deportees ---


4. The IGOH's draft decree shifts responsibility for
pre-deportation processing from the Interior Ministry to the
Ministry of Foreign Affairs (MFA). The removing government
would be required to provide the MFA with a list of criminal
deportees at least 60 days prior to the scheduled date of
removal. The MFA would pass this list to the Ministry in
charge of Immigration, and the MFA would notify the removing
government, within the 60 day deadline, of any persons who
could not be deported due to non-Haitian nationality. The
MFA would have to give the relevant ministries a final list
of any arriving deportee (criminal or non) at least five days
prior to removal. Furthermore, the decree would limit
criminal deportations to 100 per 60 days.


5. The decree also calls for the establishment of a "Center
for Transition and Social Reintegration" (CTSR) to house
criminal deportees for a period of time until the IGOH can
determine whether they are capable of successfully reentering
Haitian life. Deportees removed for immigration violations,
however, will be automatically released upon arrival.
Remaining deportees would be divided into two categories:
those who have been convicted of misdemeanor-equivalent
crimes under Haitian law, and those convicted of
felony-equivalent crimes under Haitian law.
Misdemeanor-level deportees would be released except in
circumstance of mental illness, inability to successfully
integrate into Haitian society (such as language problems or
lack of family and friends),or suspicion of further criminal
involvement. Felony level deportees would automatically be
transferred to the CTSR to undertake a transition and
reintegration program. The administration of the CTSR would
be carried out by an Inter-ministerial commission composed of
the Ministers of Interior, Foreign Affairs, Social Affairs,
Justice, and Haitians Living Abroad, with Social Affairs and
Justice as President and Vice President respectively.


6. The decree states that the program will be funded by the
public treasury, donations and legacy, international
cooperation and the fees generated by the deportation.
Deportees who did not show themselves capable of successfully
reintegrating into Haitian society would be indefinitely
interned at the CTSR. Those who were released would be
enrolled in a non-residential language and transition program.

Criticism of Planned Center ---


7. At the request of the IGOH, the International
Organization for Migration (IOM) evaluated the decree and
found that the residential nature of the program would likely
impede reintegration more than it would help. IOM
recommended that all misdemeanor-level deportees receive
assistance through a non-residential program. IOM further
recommended that felony-level deportees receive the level of
attention designated for misdemeanor-level deportees in the
decree (i.e. release unless clearly unfit to integrate). IOM
has found in previous reintegration work that the reliance on
a residential internment creates a separation that inherently
ostracizes persons when they are subsequently released.


8. The Department of Homeland Security (DHS) is concerned
about the 100 deportees per 60 days provision, as well as the
60-day waiting period. Due to the current buildup of
Haitians awaiting removal, abiding by such limitations would
actually increase the backlog. While DHS is willing to work
within these constraints once the current buildup is
eliminated, it needs a more immediate remedy to make up for
the past four months of inaction.

Minister of Interior ---


9. Emboff met with Paul Magloire, Interim Minister of the
Interior and Chief of Staff to the Prime Minister, on October

31. The Interior Ministry is covered in graffiti, some of
which reads "Magloire steals" in Creole. Several times
during the meeting, Magloire made reference to the graffiti
and to public accusations that the Interior Ministry was
holding deportees hostage while extorting massive bribes from
their family members. Magloire vigorously denied this, but
he stated his wish to transfer responsibility for deportees
to the Ministry of Justice. He acknowledged that US and
international law require that sovereign nations receive
their citizens when they are no longer welcome in a foreign
country, but he also worried that the resumption of
deportations at this critical hour, on the eve of elections,
would once again imperil the IGOH. One of the scenarios he
fears is the recruitment of hardened criminals to commit
destabilizing crimes such as candidate assassination on the
eve of the election. He stated that the IGOH needed to avoid
all issues other than elections at this time, and he said
that, however incorrectly, the Haitian public associated the
cessation of deportations in June with the return of calm in
Haiti.


10. Magloire said that the IGOH would promulgate the decree
on deportees within 2-3 weeks, but he also stated that no
funding existed at present for the program. The IGOH was
caught between a rock and a hard place, forced to imprison
deportees because no program was available to rehabilitate
them. He said that clearly he could not ask the USG to pay
for the program, but he asked whether bridge financing would
be available to manage the deportees until a permanent
solution could be arranged. He also asked if the resumption
could be delayed until after the elections.


11. Emboff asked Magloire if he, D'Orleans, and Abraham
would be willing to meet with a delegation from DHS to
attempt to hammer out a solution to this problem, and
Magloire agreed. Emboff asked for further details about the
planned CTSR but Magloire deferred to the Justice Ministry.
Lastly, Magloire stated that one possible source of funding
would be through the seizure in Haiti of assets of criminals
informally removed to the US for trial by DEA and others.
However, he stated that in order for this to be possible
under Haitian law, the Haitian government would have to be
empowered to enforce U.S. judgments domestically (see reftel
action request).

Charge Presses Magloire ---


12. On November 11, Charge asked Magloire for a date
certain to resume the program, and Magloire was evasive. He
stated that he did not wish to have the resumption of
deportations derail the elections and imperil the government.
Charge reminded Magloire that these are Haitian citizens who
are no longer welcome in the United States, and that Haiti is
obligated to accept them. Magloire stated that if funding
could somehow be made available to accommodate the deportees,
then perhaps the program could resume. Emboff noted that USG
still owes IGOH for travel documents issued to deportees over
the past two years, but that the IGOH has never indicated
where the funds should be sent. Magloire said that this
money would perhaps help to accommodate the deportees and
agreed to follow up in the next week.


13. NOTE: In 2004, post received a bill for USD 26,000 for
the travel documents, but the payment instructions were for
an account in Miami created by then Director General of the
MFA and current Minister of Haitians Living Abroad Alix
Baptiste. Post never disbursed the funds, allocated by DHS
in FY03, and they have since been pulled back. Post is
working with DHS to locate the funds and have them
reallocated. END NOTE.


14. COMMENT: Magloire invoked Murphy's law in discussing
the deportees, stating that their return would certainly
reignite the otherwise stable situation. However, the
security situation has changed dramatically since June 2005,
and post sees no reason why the program cannot resume. Post
will work closely with DHS and IOM, who may be close to
receiving UN funding for a deportee reintegration program.
Due to scheduling conflicts and country clearance problems,
the DHS visit will take place within two to three weeks. END
COMMENT.
CARNEY