28 persons, both Haitian and Dominican, and those of Haitian origin, by officials working in various national 117 or local authorities. 136. The United Nations Commission on Human Rights observed that: [i]n the absence of official statistics, the Returnee and Refugee Support Group (GARR) estimates the number of Haitians living in the Dominican Republic who are expelled to Haiti at 10,000 to 30,000 annually. According to the support group, repatriation affects not only long-term residents, who have their family and all their assets in the country, and no longer have any ties to Haiti, but also newcomers and descendants of immigrants who were born in the Dominican Republic. At the time of arrest, many of them cannot communicate with their families, collect anything owing to them or recover their assets. It even happens that their identity cards are confiscated or destroyed, and that the little money they have is taken. It seems that there is no effective remedy and very few pre-deportation hearings. They are first taken to immigration detention centres, and then spend several hours or days waiting for a group to be formed, which is then taken on a bus to the Haitian 118 border, where for the most part they are simply abandoned. 137. For her part, the UN’s Independent Expert on Minority Issues concluded that: Haitians in long-term settled communities as well as Dominicans of Haitian descent live and work in fear and conditions of vulnerability, extreme poverty and super-exploitation of their labour. While they are being administratively denied documentation, all their other rights are subject to arbitrary rejection and abuse by low-level officials, police and military who have power, operate with limited 119 instructions and have little accountability. 138. In their 2008 report on a mission to the Dominican Republic, the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Independent Expert on Minority Issues observed the following: [t]here is consistent testimony of indiscriminate and arbitrary deportations, lacking in the protection of due process. Dominican citizens of Haitian descent and long-settled Haitians are as likely as recent migrants to be deported without adequate opportunity to argue any distinctions. Deportations occur so rapidly that family members are not informed. Parents are deported leaving children unaccompanied. Ill-treatment and abuse during deportation is reportedly common. Legitimate identification documents, including cédulas and birth certificates are confiscated by authorities conducting deportation “sweeps” and deportees are generally not given opportunities to secure their housing and property. Accounts are given of deportations being arranged between employers and authorities to enable employers to avoid paying wages. Particular concern was 120 expressed at the practice of collective or mass expulsions. 139. Studies done by civil society organizations concluded that the massive deportations and 121 expulsions done by the government of the Dominican Republic have become chronic policy involving 117 UN, Committee on the Elimination of Racial discrimination, 72nd session, CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION. Concluding observations of the Committee on the Elimination of Racial Discrimination. DOMINICAN REPUBLIC, CERD/C/DOM/CO/12, May 16, 2008, paragraph 21. 118 UN, Commission on Human Rights, 62nd session, ADVISORY SERVICES AND TECHNICAL COOPERATION IN THE FIELD OF HUMAN RIGHTS, Situation of human rights in Haiti. Report prepared by the independent expert, Louis Joinet, E/CN.4/2006/115, January 26, 2006, paragraphs 23-26. 119 Annex 45. UN, Human Rights Council, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, and the independent expert on minority issues, Gay McDougall, Addendum, Mission to Dominican Republic, A/HRC/7/19/Add.5, A/HRC/7/23/Add.3, March 18, 2008, paragraph 112. Annex B of the petitioners’ observations on the merits, April 16, 2009. 120 Annex 45. UN, Human Rights Council, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, and the independent expert on minority issues, Gay McDougall, Addendum, Mission to Dominican Republic, A/HRC/7/19/Add.5, A/HRC/7/23/Add.3, March 18, 2008, paragraph 79. Annex B of the petitioners’ observations on the merits, April 16, 2009. 121 Annex 46. VOYNEAU, Sébastien. République Dominicanaine : le traitement infligé aux haïtiens et aux Dominicanains d’origine haïtienne, une discrimination institutionnalisée ? OBSERVATOIRE DES AMÉRIQUES. Montreal, Canada. October 2005 Continúa…