SENATOR DENNIS DeCONCINI COMMITTEE ON THE JUDICIARY Dennis De Concine HEARING ON U.S. REFUGEE PROGRAMS FOR 1993 JULY 23, 1992 The Refugee Act of 1980 was enacted for the purpose of eliminating discrimination based on country of national origin. Its intent was to emphasize that the plight of refugees themselves, as opposed to national origins or political considerations, should be the key to determining which refugees will be admitted to the United States. Since the Refugee Act became law over a decade ago, I, as well as numerous human rights groups, have questioned this country's policy of fairness in evaluating asylum claims of refugees. Two years ago, at similar hearings, I addressed my concern about the fate of thousands of innocent victims of war and widespread civil strife in El Salvador. Since that time, Congressman Moakley and I were successful in our efforts to include a provision in the Immigration Act of 1990 to provide Temporary Protected Status (TPS) for Salvadorans residing in this country. I commend the Administration for extending the protection for Salvadorans until June 1993. Of particular concern to me now is the ongoing crisis in responsibility to protect those Haitians who have sought refuge In the last several months, thousands of Haitian boat people have been interdicted by the U.S. Coast Guard before reaching our shores. While the Administration was ordered by the courts to stop its practice of returning Haitian refugees to Haiti on more than one occasion, the Administration has been successful in its efforts to not only forcibly repatriate the Haitian boat people, but to return them without a screening process. Until peace and constitutional order are restored in Haiti, I believe it is unconscionable for us not to do what we can to provide safe haven for Haitians. As the crisis has unfolded, several bills have been introduced in the Congress to alleviate the plight of the Haitian boat people. For example, on February 4, 1992, I sponsored with my colleagues on the Senate Judiciary Committee, Senators Kennedy and Simon, legislation to suspend the forcible repatriation of Haitian nationals fleeing after the coup d'etat until the President certified that certain conditions to protect those repatriated were met. On February 7, 1992, forty. Senators, including myself, signed a letter to the President expressing our concern over the Administration's plans for repatriating Haitians against their will at a time of political instability and sporadic violence in their country. Most disturbing to me was the President's executive order of May 24, 1992, to permit the U.S. Coast Guard to begin returning Haitians picked up at sea directly to Haiti. This action, according to the Administration, was in response to the large surge in Haitian boat people seeking to enter the U.S. and was necessary to protect the lives of the Haitians whose boats weren't equipped for the 600-mile sea journey. Haitians who fear persecution can now only go to our Embassy in Port-au-Prince for refugee processing. The Administration justifies this action by stating that our international legal obligations under the United Nations Protocol Relating to the Status of Refugees and the United Nations Convention Relating to the Status of Refugees DO NOT EXTEND TO PERSONS LOCATED OUTSIDE THE TERRITORY OF THE UNITED STATES. However, the Convention and the Protocol, which establish the basic norm of non-refoulement, prohibits states from expelling or returning refugees to frontiers or territories where they would be threatened on account of race, religion, nationality, or membership of a particular social group or political opinion. I wholeheartedly support legislation to prevent the forced return of asylum-seekers to countries where they would have a well-founded fear of persecution. In the case of Haitians, the Coast Guard would have to pick up Haitians and provide them with some kind of screening process for refugee status. I also support legislation to promote democracy in Haiti. It is clear that the United States recognizes that there are bona fide refugees from Haiti. However, we don't offer adequate protection. Foreign policy concerns, rather than the plight of the individual, appear to continue to dominate the Administration's asylum determinations. The State Department's report on Proposed Refugee Admissions for Fiscal Year 1993 acknowledges on page 15 that "Following the coup in Haiti in September 1991 the number of Haitians fleeing Haiti by boat and intercepted by the U.S. Coast Guard increased dramatically. Many of these were determined to have a possible claim to asylum and were brought to the U.S. to pursue asylum claims." Yet the Administration plans to continue its in-country refugee processing program as the only remedy for Haitian refugees. This policy minimizes the plight of victims of persecution. The indiscriminate forced repatriation of Haitians is deplorable. In the past, we loudly protested the British government's forced repatriation of Vietnamese from Hong Kong. That pressure led the British to stop this policy. However, when the British government recently began to forcibly repatriate the Vietnamese again, our government is now silent on this issue. Is this because we no longer believe forced repatriation is a violation of international law? Isn't the Administration doing exactly what it condemned the British govenment for doing in Hong Kong? This double standard is unacceptable. If the British government should not send human beings back to a country run by tyranny, we should not either. Forced repatriation does nothing to address the reasons why Haitians leave their homeland. Let's I hope you can give us assurances today that the Administration will repeal the May 24 executive order. concentrate our efforts in promoting democracy in Haiti and protecting those Haitians who need our help. Senator KENNEDY. Thank you very much, Senator DeConcini. I know you have been greatly interested in the problems of refugees. You have a daughter who is also very much involved in refugee and immigration issues, so you have a very, very special interest. We have a statement from Senator Thurmond which we will insert into the record at this point. [The prepared statement of Senator Thurmond follows:] STATEMENT BY SENATOR STROM THURMOND (R-S.C.) BEFORE THE FULL COMMITTEE ON THE JUDICIARY, REFERENCE ANNUAL REFUGEE CONSULTATION WITH THE ADMINISTRATION. THURSDAY, JULY 23, 1992, 10:00 A.M., SD-226. MR. CHAIRMAN: Our hearing today is held so that we may consult with the Administration concerning its recommendations for the admission of refugees into the United States for fiscal year 1993. I would like to welcome Deputy Secretary of State Lawrence Eagleburger and other distinguished panelists. Our Country has always been sensitive to the plight of political refugees and has historically been generous in allowing the entry of refugees into America. The statistics outlined in your reports emphasize the importance of this annual hearing to determine the priorities and the numbers of refugees who want to enter our Country. A refugee is defined as one who leaves his or her country "because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." We cannot ignore the plight of those who face these fears for themselves and their families. However, we must be certain that our Country properly distinguishes between true refugees and others who should seek entry to America through the routine immigration process. We must be certain that all refugees have sufficient justification for their claims prior to admission. |