GENEVA, CMC – The Centre for Civil and Political Rights (CCPR) has called on the Trinidad and Tobago government to expedite the adoption of national legislation to protect the rights of refugees and asylum-seekers and to incorporate relevant procedures in conformity with the Covenant and other international standards.
The CCPR said that while it acknowledges the challenges caused by the significant number of refugees and asylum-seekers entering Trinidad and Tobago and the steps taken by the authorities to address these challenges, it is concerned by the absence of a comprehensive legislative and institutional framework for the protection of refugees and asylum-seekers entering the country.
The Geneva-based human rights committee, which met last month to consider the fifth periodic report of Trinidad and Tobago, said that It also regrets that the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and the 1954 Convention relating to the Status of Stateless Persons, ratified by the State party, have not yet been incorporated into domestic law.
“Furthermore, the Committee is concerned by reports of the increasing issuance of deportation orders to individuals seeking international protection, mainly persons from Venezuela.
“In this respect, the Committee is particularly concerned by the information provided by the delegation that migrants originating from Venezuela are classified as economic migrants and, therefore, could be deported under the provisions of the Immigration Act.”
The CCPR said it is also deeply concerned by reports of the ongoing arrest and detention of asylum-seekers and refugees for irregular entry into Trinidad and Tobago and that individuals, including children, are held in immigration detention for extended periods and sometimes in prisons alongside convicted persons.
“Furthermore, the Committee is particularly concerned by the conditions at the Heliport immigration facility (west of the capital) where reports indicate women and children are not separated from male detainees and are often sexually abused.”
The CCPR, in its report, said that Port of Spain should take all necessary measures to enhance the protection of refugees and asylum-seekers and take the measures needed to ensure the application of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the 1954 Convention relating to the Status of Stateless Persons into the domestic legal order;
It also wants Trinidad and Tobago to develop procedures for identifying persons in need of international protection, namely asylum-seekers, and refugees, including those who are at risk due to detention or who have received a deportation order, in line with the country’s obligations under the Covenant and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol;
Trinidad and Tobago is also being called upon to “strictly adhere to the principle of nonrefoulement concerning all asylum-seekers and refugees and refrain from penalizing persons in need of international protection for irregular entry or stay, and ensure that all persons applying for international protection are given access to an independent judicial appeals mechanism with suspensive effect against negative decisions.”
It should also ensure that the detention of migrants and asylum-seekers is justified as reasonable, necessary, and proportionate by the Committee’s general comment on liberty and security of person and that living conditions and treatment in accommodation centers for asylum-seekers conform with international standards and that alternatives to detention are used in practice, particularly about children, ensuring they are not deprived of liberty, except as a measure of last resort and for the shortest appropriate period;
“Guarantee that all allegations of discrimination and violence against refugees and asylum-seekers, in particular women, are investigated promptly, thoroughly and impartially, that those allegedly responsible are prosecuted and, if found guilty, punished and that the victims obtain redress,” the CCPR added.
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