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non-refoulement obligation of Article 33 of the U.N. Convention Relating to the Status of Refugees the obligation not to repatriate refugees against their will -- does not apply until a refugee has entered the territory of the contracting state. This view is based inter alia on a careful reading of the text of the Convention and its negotiating record.

The Executive Order does not represent a change in our policy toward Haitian migrants. The United States still rescues Haitians at sea and provides avenues for bona fide refugees to apply for admission to the U.S. All migrants directly repatriated are advised of the availability of refugee processing at the U.S. Embassy in Port au Prince before disembarking from our cutters. In addition we regularly broadcast information about the refugee processing program in Creole on the Voice of America. We have augmented the Embassy staff to process refugee applications, and we have directed that there be no limitation on the categories of persons who may be processed. Embassy officers also have boarded the cutters to reassure those who have expressed concern about approaching the Embassy. They point out that members of President Aristide's personal staff have applied for refugee status without interference or any apparent interest from the Haitian authorities.

In addition to having officers present at every repatriation, the Embassy has conducted an intensive monitoring effort over the past six months to determine whether returning migrants have been subject to persecution or harassment by authorities. Since beginning this effort in early February we have interviewed over 2,400 returnees from all parts of the country. To date we have found no instance in which a returnee has been subjected to mistreatment as a result of his or her departure or subsequent return to Haiti.

Neither does the Administration's policy discriminate against Haitians. Over 10,000 persons have been approved for entry from Guantanamo. Moreover, in the category of legal immigration, some 140,000 Haitians have been given legal status in the past 10 years, the fifth highest total in the world.

As of the end of July, applications representing nearly 9,000 persons have been received and entered into our data base for screening at our Embassy. An additional 4,500 applications have been received and await data entry and pre-screening. The vast majority of all applications have been received in June and July. Clearly those who might have chosen to take to the high seas are now making the much safer journey to our Embassy in Port au Prince. We have had no interference with our refugee processing operation from local authorities nor do we have any evidence of applicants experiencing any problem with government authorities.

REPORT TO THE CONGRESS

ON

PROPOSED REFUGEE ADMISSIONS

FOR FISCAL YEAR 1993

SUBMITTED WITH THE WORLD REFUGEE REPORT
ON BEHALF OF THE PRESIDENT OF THE UNITED STATES
TO THE COMMITTEES ON THE JUDICIARY,
UNITED STATES SENATE AND

UNITED STATES HOUSE OF REPRESENTATIVES,
IN FULFILLMENT OF THE REQUIREMENTS OF
SECTION 207 (E) (1) - (7)
OF THE

IMMIGRATION AND NATIONALITY ACT

The United States Coordinator for Refugee Affairs
in consultation with

The_Department of State

The Department of Justice
and

The Department of Health and Human Services

JUNE 1992

THE REPORT TO THE CONGRESS ON PROPOSED REFUGEE ADMISSIONS AND ALLOCATIONS FOR FISCAL YEAR (FY) 1993 is submitted in compliance with Section 207(e) of the Immigration and Nationality Act (INA). The Act requires that before the start of the fiscal year and, to the extent possible, at least two weeks prior to Consultations on refugee admissions, members of the Committees on the Judiciary of the Senate and the House of Representatives be provided with the following information:

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(3) A description of the proposed plans for their movement and resettlement and the estimated cost of their movement and resettlement;

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