Pregnant Cuban woman gets no water as boat told to leave

Pregnant Cuban woman gets no water as boat told to leave

Friday, November 3, 2006

An investigation into the issue of Cuban migrants has now become a
priority of the Cayman Islands Human Rights Committee (HRC) and will be
reviewed at its next full meeting, according to HRC Deputy Chairman,
Vaughan Carter.

This decision followed unofficial reports received by Cayman Net News
and forwarded to the HRC that a Cuban woman who passed through the
Cayman Islands this week was eight months pregnant and she left in a
boat in unfavourable weather conditions, without being given even water.

An official release states that a boat carrying eleven Cuban men and one
woman stopped in Cayman Brac on Saturday afternoon, 28 October
continuing their journey shortly after, according to official reports.

According to the release, immigration officials advised the group of the
policies relating to arriving illegal migrants and the Cubans then chose
to continue their journey unassisted.

Current policy, introduced in January 2005, states that migrants
encountered in Cayman's territorial waters or who come ashore any of the
three Islands are refused permission to land and are not given
assistance to enable them to continue their journey.

This includes food, water and fuel, which officials are not allowed to
provide for the Cubans under this policy.

The guidelines say that those able to depart immediately and wishing to
do so are allowed to leave. Otherwise they will be detained and
repatriated to Cuba.

The policy, passed by the previous administration, states that
repatriation is allowed by the 1999 Memorandum of Understanding with
Cuba, unless they are determined to be refugees under the 1951 United
Nations Convention on Refugees.

However, this policy has not been consistently adhered to. Earlier this
month, fourteen Cuban migrants, including two women, who stopped at
Cayman Brac 10 October, were given food and fuel before continuing their
journey.

On 8 October, five Cuban men arrived at Little Cayman. Food, water and
some fuel was provided for the Cubans, who worked on some minor repairs
and engine adjustments before leaving around 9:00 am.

The policy was introduced to deter Cuban migrants from heading to the
Cayman Islands. When they were introduced, the British High Commission
in Havana was informed of the policy and their assistance sought in
spreading the word among would-be migrants.

Mr Carter said, on behalf of the Committee, that a complaint regarding
the reception, detention, removal and access to legal representation of
Cuban Boat People, along with the Memorandum of Understanding that
governs many of these arrangements, was submitted to the HRC by one of
its Members.

"Although the complaint did not contain any documentation or evidence,
the HRC nevertheless felt that the matter merited further investigation.
"The complaint was therefore received and referred to the HRC's
Procedural Sub-Committee for investigation," the HRC said.

The HRC's Procedural Sub-Committee is composed primarily of private
sectors lawyers, whom it is felt are best placed and qualified to
undertake a review of the facts, as presented, and the relevant
international human rights law.

The HRC's Procedural Sub-Committee has subsequently attempted to gather
information in relation to this wide-ranging complaint. The HRC has
publicized the fact that this case is under investigation in order to
attract attention to the issue.

"The matter has now become a priority for the HRC and the importance of
this work has been underscored by additional information that has
recently been received. The case will be reviewed by the HRC at its
next full meeting later this month," said Mr Carter.

"If the HRC is able to establish that there is a strong indication that
the practice in Cayman fails to live up to international human rights
obligations, it would, at that time, urge the authorities to take action
to ensure that no harm came to these persons."

nicky@caymannetnews.com

http://www.caymannetnews.com/cgi-script/csArticles/articles/000077/007716.htm