Immigration/human rights attorney Nafeesa Mohammed and human rights/criminal attorney Criston J Williams say they are not surprised by contents of the latest US State Department’s Human Rights Practices Report on T&T.
While Williams blames bad legal advice as the root cause for the many shortcomings raised in the report, Mohammed says it is time for T&T to adopt international standards to deal with migrant and human rights issues.
The report, which was released on Monday, highlights significant human rights issues here in T&T, including credible reports of unlawful or arbitrary killings by police, non-refoulement of asylum seekers, serious acts of corruption and trafficking in persons.
Speaking on the report, Williams said, “I would say, Mr Attorney General, you should probably very humbly excuse yourself from the room so that we could have a frank conversation with the Prime Minister, because the evidence is that he has been and is being wrongly advised, or you probably put in his place the Minister of National Security because national security so far, they have been very straightforward with the Parliament.”
Williams urged the Government to strengthen not just the human rights of Trinidadians, but focus on strengthening the economy.
“And it ties in, because I’ll put it out there that currently, the current construct of our terrorism legislation basically doesn’t afford any security, A, for our nationals, B, for our economy. So, when those two things coincide, basically it is a cause for concern and then we have to watch an operational mandate of the Office of the Attorney General. If you have no terrorism laws at all, that’s why it boils down to migration and refoulement issues and that is why you have had police corruption and issues with the TTPS, because in the absence of any terrorism laws, you are setting up the Immigration Office for failure, you are setting up the National Security and the Commissioner of Police Office for failure also. So, that ought to be a serious cause for concern.”
He said the Government ought to be concerned about the report, since it appeared very much accurate.
On state action, the report stated the Government took steps to identify, investigate, prosecute and punish officials who committed human rights abuses or corruption, but impunity persisted due to open-ended investigations and the generally slow pace of criminal judicial proceedings.
Williams added, “Our human rights reports are actually getting worse over the years. So, then the question must be asked, Mr AG, or whoever is holding the post of the Office of the Attorney General, how have we reached here, it must be that the Prime Minister, must be concerned about A, his legacy, B, Trinidad’s legacy, and what impact this has on subsidies and basically the economy of Trinidad and Tobago.”
Meanwhile, Mohammed, who has represented several Venezuelan migrants in the ongoing migrant crisis, said she was not shocked by the contents.
“It is time for the Government of Trinidad and Tobago to smell the coffee as to what is happening in regard to migrants in Trinidad and Tobago and the lack of laws being put in place for them and to protect their human rights according to international standards and convention our country is signed to,” she said.
“In terms of the crisis that we had our doorsteps, I browsed through the report and the area that dealt with refugee and asylum seekers is something I have been complaining on for a long time, because now that we have a refugee crisis on our doorsteps with the irregular influx of Venezuelan migrants since 2016/2017, the need for us to build our capacity to deal with it, it has become even more compelling and I deal with many of these migrants on a daily basis and I have to be engaged in battles with the immigration authority and with other authorities because they just lack that humanitarian and human rights outlook.”
She said she felt sorry for immigration officers who are forced to operate with the archaic Immigration Act of 1969 although things have changed dramatically since then.
Mohammed said the only positive thing the Government has done was to declare an amnesty for Venezuelan migrants here, which led to the registration of over 16,000 migrants. However, she described this as a plaster on a sore.
“This cannot be the be it all and end-all for the Government. You cannot have a dialogue or a conversation, and I am talking from the background that I have been trained in refugee law, and we missed a golden opportunity in my mind to continue to develop the capacity for this. For example, we know many of these people who have been registered might have been economic migrants, the numbers that the Government announced was just about 16,000, however, when you check the UNCHR, that number is over 20,000 migrants,” she said. — With reporting by Otto Carrington