Cuban Migrants Report

Published 20th June 2007, 4:21pm

After extensive research and deliberation the HRC has released its Final Report into the human rights issues surrounding Cuban migrants arriving in the Cayman Islands by sea – CIHRC Case 8/06 The "Balseros" Case.

The Final Report encompasses a wide range of issues, including the government’s policy for encountering Cuban migrants arriving by boat, repatriation, detention and asylum applications. It also deals comprehensively with a number of human rights concerns, ranging from the rights of Cuban nationals, who assert that their fundamental political freedoms are curtailed by the governing regime in Cuba and the rights of refugees fleeing from Cuba for numerous different reasons, to the rights of states to protect their borders, the rights of individuals not to be exposed to, or placed at risk of, human trafficking; and essentially, the rights of all persons not to be subjected to acts of terrorism that could be facilitated by the unregulated migration of persons. In many cases these various human rights claims vie with one another, which therefore presented an immense challenge for the HRC.

The Final Report concludes with 25 findings, several of which, if implemented, will require alterations to existing policies and laws. Taken together with its proposals contained in CIHRC Case 1/06 Luarca, the HRC has produced a significant body of work that now deals with the reception of refugees, the asylum application process as well as the appropriate treatment of refugees who have been granted asylum. The HRC is therefore ideally placed to assist in a comprehensive review of this entire area and will be actively seeking to work with the various agencies involved to secure the implementation of its recommendations from both the Luarca and the "Balseros" Cases. Accordingly, the HRC would like to take the opportunity presented by the publication of this latest Final Report; and its proximity to World Refugee Day on the 20th June; to urge all interested parties to come together to work towards ensuring that the Cayman Islands is fully compliant with both the obligations and spirit of the United Nations Convention relating to the Status of Refugees.

In the course of its investigation, the HRC had cause to request permission from the Immigration Department to visit the Immigration Detention Centre. Contrary to some reports, this permission was granted promptly and three representatives from the HRC were able to visit the Centre later that same day. The HRC is grateful for the assistance of the Immigration Department in this particular matter and hopes that this cooperation signals a way forward for the further improvement of the rights of refugees in the Cayman Islands.

Information on the HRC and on World Refugee Day 2007 will be available on the HRC's website: www.humanrights.ky.

If you would like to contact the HRC, please address written correspondence to PO Box 30664, Grand Cayman KY1 1203 or alternatively, emails can be sent to committee@humanrights.ky.

For further information contact: Human Rights Committee