The Government of Guyana yesterday said that 26 Haitians who were being kept at the Hugo Chavez Rehabilitation and Reintegration Centre pursuant to a police investigation opted to leave the facility on Wednesday night for an address of their choice.
In a statement, the Government noted that on the 3rd day of December 2020, Chief Justice Roxane George granted a Stay of Deportation Orders made in relation to the 26 Haitians. The case before the Chief Justice is still pending and there is no indication when it will be concluded, the statement said.
“Up to (Wednesday) night, the Haitians were being accommodated at the Hugo Chavez Rehabilitation and Reintegration Centre. It must be emphasised that this is not a detention centre. This centre is properly staffed, resourced and its guests are adequately fed and supervised. The facility is secured and the conditions hygienic.
“However, since it cannot be determined when the legal proceedings will be concluded, the Haitians were offered either to remain at the facility or to be released at an address of their choice. They chose the latter. After their meals, last evening, they were dropped off at the address requested. Their valuables and passports were delivered to them.
“The Government wishes to reject the wild and reckless allegations that are circulating on this matter and implore that politicians and others, cease exploiting and sensationalizing this matter in the advancement of selfish agendas”, the statement added.
On December 3rd, Justice George granted a conservatory order staying a previous order made by Principal Magistrate Sherdel Isaacs-Marcus for the 26 Haitian nationals to be deported.
During the virtual hearing, the Chief Justice made it clear that her order which will override the magistrate’s order, is not intended to be a concession on anything.
She clarified that it is rather to maintain the status quo until the matter before her would have been fully heard and determined.
She then set December 18th at 1:30 for arguments.
Before eventually acceding to the grant of the conservatory order, however, Attorney General (AG) Anil Nandlall SC made several objections.
Nandlall commenced by arguing that the Court has no jurisdiction to entertain the application. He said that the Fixed Date Application (FDA) filed by attorney Darren Wade seeks to invoke the fundamental rights sections of the constitution which applies to Caribbean and Common-wealth peoples, but which in specific circumstances would offer no constitutional coverage to Haiti.
He said that while they would have protection under CARICOM they would not under the Commonwealth.
The AG then advanced that while there is provision for free movement under the Caricom Single Market and Economy (CSME) arrangement, “Haiti in its current state” would not qualify for free movement like other territories which are signatories to the agreement.
This prompted the judge to enquire from Nandlall what he meant by “Haiti in its current state.”
In response the AG said that while Haiti is a member of CARICOM it has not fully activated the protocols conferred by the CSME arrangement as it never completed that process.
The judge then sought to enquire from Nandlall whether the case was one with a CSME issue or simply of free movement; to which he said that the FDA speaks to certain violations under the agreement.
He noted, too, that Haiti had not signed on to the free movement aspect of the agreement. The AG said that a determination of all these issues which touch and concern the CARICOM Treaty and the CSME would be for the Caribbean Court of Justice (CCJ) in its original jurisdiction and not the local Supreme Court.
The judge pointed out that that may be why the applicants did request a referral to the Trinidad-based CCJ.
Nandlall, however, questioned the means by which the referral would be done if as he contends, the High Court has no jurisdiction to hear the matter.
Maintaining that the court has no jurisdiction to hear the matter, he said that it cannot be referred to the CCJ on its own.
He would, however, eventually agree to the conservatory order being granted.
Justice George-Wiltshire said that all the issues raised by counsel will be dealt with at the hearing.
