KENNEDY VISIT RAISES HOPE AND SOME HARSH WORDS

UNCLAS SANTO DOMINGO 000752 SIPDIS STATE FOR WHA/CAR, LA PAZ FOR A/DCM C LAMBERT E.O. 12958: N/A TAGS: PGOV PHUM PREF ECON DR SUBJECT: KENNEDY VISIT RAISES HOPE AND SOME HARSH WORDS REF: A. SDO 706 ¶B. 08 SDO 1110 ¶C. SDO 632 ¶1. (SBU) Summary: Kerry Kennedy, Founder of the RFK Center for Justice and Human Rights, and other members of the RFK Center visited bateyes in Villa Altagracia and attended meetings with several GODR officials. Throughout the meetings, Kennedy spoke about the plight of undocumented residents and other Dominicans of Haitian descent and worked to find joint resolutions to the migration problem frequently cited by the GODR. Following her meetings, the media reported on her visit as an attempt to intervene in national matters and commented on problems the United States has with its own undocumented population. The bitterness of some press reports underscores that while outsiders may focus on the human rights aspects of Haitian migrants, many Dominicans see things in terms of economics and national security. Beyond such media clashes, all concerned need to focus on practical steps to help the undocumented. End Summary. Background -------------- ¶2. (U) Kerry Kennedy founded the RFK Center for Justice and Human Rights in memory of her father, Robert F. Kennedy, to continue his unfinished work. Each year, the Center chooses a laureate from around the world who demonstrates exceptional courage fighting for human rights. In 2006, the Center chose Sonia Pierre, the Executive Director of the Movement for Dominican-Haitian Women (MUDHA),as their laureate for her work fighting for the rights of Haitian migrants and Dominicans of Haitian descent within the Dominican Republic. Kennedy visited the Dominican Republic to meet with Pierre, speak with her about her immediate goals and concerns, and raise Pierre's issues with the government at the highest possible level. Visit to Villa Altagracia -------------- ¶3. (SBU) On Sunday, June 28, Kennedy began her trip with a visit to Villa Altagracia, a former batey (shantytown for sugarcane workers) that is owned by the Dominican government, but no longer produces sugar and has fallen into serious disrepair. MUDHA has been working in the area both to improve living conditions and to provide legal support to residents who have documentation problems. Kennedy met with a group of residents to discuss their legal and documentary status, including cases of workers who were brought from Haiti through an agreement, made 70 years ago, between the GODR and GOH. These workers never returned to Haiti, but because there has never been a regularization of undocumented residents (there is, however, a regularization proposal pending, see reftel A),they are residing in the Dominican Republic without legal status or documentation from the GODR. She also heard from adolescents and adults alike who were born in country, but unable to get birth or identity documents due to their parents' lack of documentation. During her walking tour of Villa Altagracia, Kennedy heard stories about how the residents faced exceptional challenges living in an impoverished area without easy access to food, water or cooking fuel. Meetings -------------- ¶4. (SBU) Monday, June 29, Kennedy attended five meetings with GODR officials before concluding her day with a dinner meeting with Charge Bullen. During the day, she met with Julio Cesar Castanos Guzman, the president of the Central Electoral Board (JCE); Max Puig, the Minister of Labor (SET); Franklin Almeyda, the Minister of Interior and Police; Jose Anibal Sanz Jiminian, the Director of Migration; and Vice President Alburquerque. Kennedy plans to send follow-up letters to each representative she met, both to confirm what they discussed and to remind the officials of the action that each promised to take on the issue. The following is a brief description of the individual meetings and the promises expressed from each official. ¶5. (SBU) JCE Meeting: Kennedy described the meeting as cordial overall. They discussed the situation of undocumented residents generally and specific cases from Villa Altagracia. Kennedy asked if she could provide a list of those who have had their documents withheld under claims of an investigation into fraud or irregularities in their birth declarations. Guzman agreed to review and resolve the cases of those on the list presented. He identified Pierre's case as different from most because her parents were working here legally when she was born. Guzman expressed an interest in finding a way to separate the cases of those born to parents who were brought here legally from those born to parents who entered the country illegally. He does not believe that migrants need to be regularized and therefore disagrees with the proposed regularization plan (a plan to give legal status to all undocumented Haitian migrants residence in the country for more than five years, reftel A). Kennedy asked Guzman to visit Villa Altagracia and speak with the people there. ¶6. (SBU) SET Meeting: Kennedy brought up the cases of the elderly in Villa Altagracia who had no access to the pension plans they had paid into and no social security to assist them once they retired. Puig replied that the problem of access to pensions and social security affects everyone. Pierre asked if there were a way for the SET to work together with Migration to ensure that there are no deportations on paydays. Puig responded that he is part of the national coordination group on migration and as such is already working together with Migration on such problems. Kennedy suggested that the SET look into what has happened with the retirement plans of those "who have given their lives" to the country, and that Puig take the time to visit Villa Altagracia to see and speak with the people living there. ¶7. (SBU) Interior and Police: This meeting was the most contentious of Kennedy's visit. After Almeyda presented Kennedy with the proposed regularization plan, he began to explain the history of migration on the island, but Kennedy cut him off saying that she had enough history lessons today and did not have much time. Almeyda responded that he thought they were interested in the regularization plan and that they should have allowed more time for this meeting. Almeyda attempted to discuss his ministry's projects on public security, but Kennedy pushed him on whether the USG is providing support for CESFRONT (the military branch charged with protecting the border with Haiti) and for "fraud"-fighting efforts under Circular 17 (reftel B). Almeyda responded that the armed forces are under the military and that the JCE directs Circular 17 application. (Note: It is possible that Kennedy brought up these concerns in all of her meetings, but PolOff has had the opportunity to view only this meeting through video received directly from Almeyda's office. End Note) When Kennedy asked about specific cases of people in Villa Altagracia who have had their documents withheld, Almeyda responded that he did not work in this area and expressed his concern that Kennedy had not come to the meeting with an open mind. The meeting concluded without concrete plans for next steps. ¶8. (SBU) Migration: Kennedy asked Sanz Jiminian about CESFRONT and undocumented residents. Sanz Jiminian responded that both of these matters are outside of his realm. He mentioned that he has been conducting human rights training for his employees and that he recently fired several employees for corruption. He confirmed his goal and desire to follow strictly whatever laws control his department. Sanz Jiminian claimed that before deporting Haitian nationals, he sends a list of their names to the Haitian embassy and does not continue with the deportations until he receives an okay from the embassy. He also claimed that he has been deporting between 100-150 people per day. Kennedy noted that she felt this meeting was the most productive one she attended and that Sanz Jiminian seemed the most willing to continue working with the RFK Center on migrant rights. ¶9. (SBU) Alburquerque: Kennedy began the meeting by discussing what she has seen and a summary of the cases she heard about in Villa Altagracia. Alburquerque expressed his belief that all children living in the country have the right to go to school and that they are not being denied the ability to enter school. Pierre responded that children without documentation are denied schooling after the eighth grade. Alburquerque seemed surprised by this information and asked that Kennedy send him a list of such cases. He said he would find a way to allow them to go to school or university even if the GODR needs to come up with a different form of documentation, in lieu of a cedula or birth certificate that is usually required for children to enter classes. Kennedy brought up the proposed regularization plan, the amendments to the nationality provisions of the constitution (reftel C), and allegations of mass deportations. Alburquerque explained that there are several different interpretations of the constitution and that this has led to many problems with migration. He claimed that the proposed amendments to the constitution will resolve all of these problems, and that the proposed regularization plan will help people like Pierre, who were born to Haitian parents in the DR. (Comment: Alburquerque seems not to realize that Pierre currently has Dominican nationality. End Comment) When Kennedy pressed Alburquerque on keeping the JCE from denying documentation to people who previously held Dominican nationality, he blamed the issue on separation of powers and claimed that he could do nothing to rein the JCE in. Finally, Pierre expressed concerns that the constitutional amendments would occur before the regularization effort is completed; a problem because the constitution gives continued rights to those granted nationality under any former constitutions or laws. She worried that if the constitution is passed first, the regularization will not be as inclusive. Alburquerque said that he would bring this concern to the attention of President Fernandez and speak with the Congress to ensure that the regularization effort passes first. (Comment: This seems highly unlikely. End Comment) ¶10. (SBU) Following her meetings with GODR officials, Kennedy sat down with Charge Bullen to recap her visit and to lobby for more USG support for projects to assist the DR's large undocumented population. Kennedy also mentioned reports that a USG-funded education project was denying entry to undocumented children, but was told that the Embassy had already helped remedy the complaint. Charge Bullen also underscored that we take any reports of discrimination very seriously and do not support nor tolerate discrimination. Kennedy asked that we do what we can to include MUDHA in more projects to provide aid to Dominicans of Haitian descent. Charge Bullen said that we will attempt to include MUDHA in future and ongoing projects as much as possible. Follow-up -------------- ¶11. (SBU) Following Kennedy's visit, news reports have been overwhelmingly critical of the visit. The morning following her meetings, Kennedy spoke with the press before departing. She spoke of the poor living conditions she saw during her visit and the problems undocumented residents face daily. She condemned the GODR's practice of retroactively applying their nationality provisions in a discriminatory way. She also blamed the terrible conditions in which undocumented persons live on the GODR's failure to recognize the basic rights of all those residing in the Dominican Republic. It appears that the JCE was the only GODR contact that sought out the press for comments. The JCE stated that it would not be directed by an outside organization, but that it was waiting for a list of individual problem cases to address. The primary opposition party, PRSC, said that Kennedy should be speaking to her own country about their undocumented problem and "declared" both Kennedy and Pierre persona non grata. (Comment: The effect of this statement, if any, is unclear. End Comment) Additional comments focused primarily on directing Kennedy to expend her efforts on her own country rather than interfere in the Dominican Republic. Comment -------------- ¶12. (SBU) While Kennedy was received by key GODR officials, it seems they tended to talk past each other: Kennedy sees issues surrounding Haitians and Dominicans of Haitian descent in human rights terms, whereas Dominican officials largely see the situation in economic and security terms. The coordination, or lack thereof, of constitutional reforms regarding nationality and the regularization proposal (supported by the Interior Ministry, but not the JCE) could be a key factor in determining the extent to which the problem of undocumented persons is resolved. Another factor could be the role of the Haitian government, particularly the Haitian Embassy in the Dominican Republic. Post has confirmed that the GODR does send potential deportee names to the Haitian Embassy, but it is not clear whether that embassy has the time or resources to review the lists completely. Nor is there much evidence that the GOH is working to help its citizens and their descendants in the Dominican Republic get whatever documentation may be appropriate. Although Kennedy's visit and the following media storm did once again raise public awareness of migration and documentation issues, all actors -- GODR officials, Haitian officials and concerned non-governmental actors -- would be well-advised to focus on concrete steps to regularize the undocumented, rather than seek to score points in the media. End Comment. (U) Please visit us at http://www.state.sgov.gov/p/wha/santodomingo/ BULLEN