Refugees and Asylum Seekers in the French Overseas Departments: The Case of Guadeloupe

• Author: Marie-Gabrielle Hadey-Saint-Louis
• Pages: 20-35

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FREEDOM AND CONSTRAINT IN CARIBBEAN MIGRATION AND DIASPORA

IntroductionIntroduction

IntroductionIntroduction

Introduction

The people of Haiti have had a lengthy history of crossing borders and

living abroad. The result of this continuous emigration is the existence

of a Diaspora estimated between 1.5 to 2 million compared to a population

of 8 million at home. How can one account for such mass displacement?

Reasons for leaving are complex and varied, but from the Duvalier era to

the present, Haitians have emigrated mostly in reaction to political and

economic situations: political opponents seeking refuge abroad, and people

fleeing poverty and natural disasters.

From 2001 to 2005, political violence forced thousands of Haitians to

leave their country. In December 2002, the independent expert on human

rights in Haiti, Louis Joinet, in his report to the UN Commission on

Human Rights, observed a considerable increase in daily violence, violence

aimed at specific sectors such as the press, political parties and their

organizations, human rights’ defenders (Joinet L). The 2003 report was

very similar; in 2004 the emphasis was placed on the deterioration of the

situation, and the expert deplored the fact that political violence between

the pro- and anti-government militias continued to create victims. In 2005,

Joinet stressed once more the question of impunity for human rights

violations and noted that: ‘… the government continued to be surrounded

by gangs, which seemed to wish to exterminate each other.’ Parallel to this

violence and the general lack of security that prevailed in the country or,

Refugees and Asylum Seekers in the

French Overseas Departments:

The Case of Guadeloupe

MARIE-GABRIELLE HADEY-SAINT-LOUIS

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REFUGEES AND ASYLUM SEEKERS IN THE FRENCH OVERSEAS D EPARTMENTS

perhaps, because of them, the state of an already weak economy worsened,

leaving thousands of people little alternative but to flee. They went to the

United States, the Dominican Republic, the Bahamas and, more recently,

to Guadeloupe. They sought refuge in Guadeloupe for many reasons, the

first one being the facility to enter the territory, being French-speaking,

and the second one the relatively high standard of living.

The major issue facing France in its overseas departments, confronted as

they were by the arrival of thousands of Haitian boat people, was to

distinguish the asylum seeker from the economic migrant. This was of

concern to human rights groups, especially considering the current trend

to close doors to immigrants, including asylum seekers, due to the rise of

xenophobia and racism and also to the fact that, in the public mind,

asylum seekers had become synonymous with illegal immigrants. The

tendency to deny minimum rights to asylum seekers in their process of

applying for asylum, and also after they have been granted refugee status,

was also noted.

This chapter gives an account of the plight of Haitian refugees in

Guadeloupe and to demonstrate how this overseas department can be

viewed as a laboratory for the French government’s general policy on

immigration. In the first section, an overview is given of the new

immigration laws in France and their implementation in the French

Overseas Departments. Secondly, the situation in Guadeloupe is analyzed:

in 2005, only 2.3 per cent of those seeking the right of sanctuary were

granted refugee status in Guadeloupe, whereas in France 12.4 per cent of

the applications were accepted.

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The issue of immigration and asylum seeking has become a sensitive

one since September 11, 2001, and the terrorist attacks on the United

States. The dilemma European countries have to face is how to guarantee

human rights while protecting the integrity of their people. Guaranteeing

internal security implies reinforcing border control in order to maintain

stability within states, safeguarding human rights includes access to fair