US embassy cable - 05PORTAUPRINCE2805

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