NoName

 

 

What are the legal ramifications for having no home country? and I don’t mean this in the mystifying way exhibited in Games of Thrones character, Arya Stark.

“More than 40,000 people – including several hundred unaccompanied children — have been deported from the Dominican Republic to Haiti between August 2015 and May 2016, according to the International Organization for Migration (IOM) and Haitian civil society organizations.”

 

These deportations have left these persons stateless.

A stateless person is someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – in any country. While some people are de jure or legally stateless persons (meaning they are not recognized as citizens under the laws of any state), many people are de facto or effectively stateless persons (meaning they are not recognized as citizens by any state even if they have a claim to citizenship under the laws of one of more states.)

 

International legal instruments related to statelessness include:

• 1948 Universal Declaration of Human Rights, Article 15

 

• 1954 Convention Relating to the Status of Stateless Persons

• 1961 Convention on the Reduction of Statelessness

• 1966 International Covenant on Civil and Political Rights, Article 24

• 1989 Convention on the Rights of the Child, Article 7

• 1997 European Convention on Nationality

 

The 1954 Convention entered into force on June 6, 1960 provides the definition of a “stateless person” and is the foundation of the international legal framework to address statelessness.

The 1961 Convention is the leading international instrument that sets rules for the conferral and non-withdrawal of citizenship to prevent statelessness.

The Dominican Republic is not a signatory to this treatise and neither is Haiti.

The Documentary: STATELESS IN THE DOMINICAN REPUBLICtells the stories of statelessness in the Dominican Republic and issues along the border of Haiti and the Dominican Republic.

Haiti Elections

Would you like to stay up to date on the elections? Haiti Election Blog has a list of the approved presidential candidates and other resourceful links in their Legal section.

Below is an excerpt from their June 20th article:

The end of interim President Jocelerme Privert’s 120-day term came and went on June 14 without any decision by Haiti’s parliament, leaving confusion in its wake. The disputes over extending Privert’s mandate spilled out into the streets, with some of his opponents hinting at the possibility of his removal by force. The international powers expressed their dismay at the political uncertainty created by this situation. The verification commission’s (CIEVE) report, meanwhile, continued to make waves. The EU withdrew its observers in protest of the decision to rerun the presidential race, while the U.S. also expressed its “regret” over this decision. Another big question for the upcoming elections is where the financing will come from, given the disquiet of the international donors.”

 

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The Haiti Elections Blog is a collaboration of the Institute for Justice & Democracy in Haiti, the Center for Economic and Policy Research, 1804 Institute, Haiti Support Group, the National Lawyers Guild International Committee, and International Association of Democratic Lawyers. The blog is an indispensable resource for journalists, policy-makers, aid workers and other “Haiti watchers,” providing the latest news, analysis and information on the elections in Haiti and promoting free access to information and accountability with the electoral process. Over the next several months, Haitians are scheduled to vote on virtually every public office in the country; including the President, 119 deputies, 20 senators, and over 5,000 municipal agents.

Disability Law in Haiti

 Tweeted that the “Murders of 3 deaf women highlights vulnerability of disabled in Haiti, where stigma & superstition isolates many.”

 

 

Haiti’s first Secretary of State for the Integration of Persons with Disabilities was created in 2012,  following the earthquake.

Secretary Oriol, who himself has overcome muscular dystrophy, was graduated Cum Laude from the University of Florida, completed a Master of Liberal Arts degree with a concentration in Sustainability and Environmental Management from Harvard University, and ran for congress in Haiti in 2006. He is the personification of rising above one’s physical limitations. Drawing on his own experiences, the Secretary is looking to implement initiatives to provide education, employment opportunities and the necessary assistance services to ensure that this group of Haitians is not left behind. Working with his team as well as the Ministries of Labor, Education, Health, and Public Works, the Secretary will institute a diverse set of programs, including collaborating with:

  • The Ministry of Social Affairs and Labor to develop access to employment, as well as directly with the private sector in Haiti;
  • The Ministry of Education to advocate for better access for persons with disabilities to specialized facilities and to mainstream schools;
  • The Ministry of Public Health to ensure that individuals whose disability requires care have access to needed services;
  • The Ministry of Public Works to ensure that accessibility is a priority during the reconstruction period;

 

Haiti has had the “Loi sur les invalides” or “Law of the disabled,” since the 26th of April 1808.

The ministry recently made a joint venture for funding from Digicel:

“Le Bureau du Secrétaire d’Etat à l’Intégration des Personnes Handicapées vient de signer un Protocole d’Accord avec la Fondation Digicel pour le financement d’un ou de plusieurs projets à hauteur de 30 000 dollars américains.”

” The Secretary of State for the Integration of Handicapped Persons has signed an accord with the Foundation Digicel for 30,000 american dollars in financing.”

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Further information on the killings is available at the link below (David McFadden’s Article). David McFadden is a “Caribbean reporter and editor, among other things. News tips on region, particularly Haiti, are welcome.” You can email David at dmcfadden@ap.org

http://bigstory.ap.org/article/5c6a12a592dc426fa56ba89da0f23e54/slaying-3-deaf-women-haiti-highlights-vulnerability

Digicel Initiative

http://www.seiph.gouv.ht/protocole-daccord-entre-la-fondation-digicel-et-le-bseiph-au-profit-des-personnes-handicapees/

Interview with Honorable Secretary Oriol:

http://caribjournal.com/2012/11/07/moving-forward-on-disability-in-haiti/#

Linguistics and the Law

Robert Rodman’s thesis entitled Linguistics and the Law draws from the conviction of a Haitian-born American sentenced to 12 years for dealing cocaine.

“The verdict was based in part on a surreptitious recording of the drug deal. Although the drug dealer on the tape spoke a dialect of American Black English, and the defendant speaks English with a Creole accent, the State persuaded the jury that the Haitian disguised his voice by purposefully dropping his accent. His ability to perform this feat was attributed in testimony to the fact that he had been an interpreter for the United States Army in Haiti, and was therefore a linguist, and therefore understood ‘sound change’, and therefore could disguise his voice by dropping his foreign accent. This absurd chain of non sequiturs, and the resulting miscarriage of justice, is the result of linguistic naivety and would not have occurred if the court knew that an interpreter is not necessarily a linguist, and that sound change refers to the historical development of languages.”

“Language and the law, once a subfield of sociolinguistics, is now a robust, independent area of study, where lawyers and linguists collaborate to deepen their knowledge. It has spawned associations such as the IAFL that sponsor conferences such as the one for which this paper is written. International journals such as Forensic Linguistics, The International Journal of Speech, Language, and the Law have arisen in which an ever-growing body of scholarship explores the multifaceted effect of language on legal matters.

Most of the work in this field approaches the topic from the point of view of the use of language. For example, trial lawyers learn to avoid language usage that introduces unwarranted assumptions, such as “When did you stop beating your wife?” They do not learn about presuppositions and the logical structure of language. That’s linguistics: the science that describes and explains language.”

http://ljp.utk.edu/linguistics-and-the-law/

 

Voudou and the Law

 

This book is about the intersection of Vodou and the law in Haiti.

http://press.uchicago.edu/ucp/books/book/chicago/S/bo10454972.html

“Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices.

To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.”

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A review of the book is available here:

http://wesscholar.wesleyan.edu/cgi/viewcontent.cgi?article=1138&context=div2facpubs

“The Spirits and The Law is by far the most comprehensive historical study on the subject of Vodou to date. Future scholarship on the topic simply cannot ignore this esteemed volume, which received The Berkshire Conference Book Prize for the best first book published in any field of history in 2011.”

Haitian Lawyer Association’s 18th Annual GALA

The Haitian Lawyer Association, Florida Chapter, hosted its 18th Annual Scholarship GALA on March 12th, 2016. The event was inclusive, in attendance were various local and national attorneys, judges and professionals of diverse ethnic backgrounds. Among those in attendance was Garcelle Beauvais, the keynote speaker, a renowned Haitian-American actress who has been featured in various movies and sitcoms. During Ms. Beauvais speech, she analogized the work ethic that it takes to be successful  as an actress and an attorney. She mentioned that both professions require a lot of sacrifice in order to hone the necessary skills to succeed, and to be persistent when repeatedly faced with rejection.To cap off the night, the well known Haitian band T-VICE played several of its famous compositions as the crowd danced the night away.

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Samuel Rony is a second-year law student at St. Thomas University School of Law. He was born and raised in Haiti.

 

Haitian Americans

L’Union Suite has always been a great place stay connected with whats happening in the Diaspora community.

I especially appreciate this new series “haiti through my eyes.” As a diaspora, there is much in the news that create fear in helping or even visiting the country, but as Mrs. Wanda says “. . . people forget that Haiti is a very big country and whats happening in one area shouldnt be the images we use to describe whats going on in the whole country.  There are people living here who wake up and go to work every day without ever seeing any of the protest and why would there be flights to Haiti if the whole country was burning down.”

 

click the link for more info

 

http://www.lunionsuite.com/suite-life-vlog-feb-2016-haiti-through-my-eyes-episode-2/