The case of Leonel Tebo
On 10th April 2020, THE NEW TODAY online newspaper ran an article entitled: “Asylum Seeker becomes ‘Prisoner’ in Grenada.” This article sparked much debate within Grenada and on social media.
According to the newspaper, Mr Leonel Tebo arrived in Grenada from Cameroon on 14th March 2020 and tried to find the office of the United Nations High Commissioner for Refugees (UNHCR). After being unsuccessful for a few days, he travelled to Trinidad & Tobago hoping that that State might be able to assist him, however, he was sent back to Grenada.
Upon his second arrival in Grenada, he was taken into custody and he remained there until 13th April 2020, a month after his first arrival in the Spice Isle. Legal Counsel was retained for Mr. Tebo and he was finally released on the 13th April.
Several issues of interest arose from the above facts, among them:
- Is Mr. Tebo entitled to seek asylum in Grenada?
- Whether Mr. Tebo was treated fairly under International Law?
Convention on Status of Refugees – Grenada is not a signatory
According to Article (Art) 1 of the 1951 UN Convention (Convention relating to the status of Refugees), as modified by the 1967 Protocol, a refugee is defined as a person who ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.’
The refugee will have to prove a well-founded fear of being persecuted in their country and that the country is unwilling or unable to protect them.
Under Grenada’s local legislation, no laws currently deal with status of Refugees. Additionally, Grenada has not signed on to the treaty – Convention relating to the Status of Refugees or its Optional Protocol, nor has it signed the Convention against Torture.
Given the absence of domestic law dealing with refugees and the fact that Grenada is not a party to relevant international conventions, on the face of it, it appears Grenada was not obligated to assist Mr.Tebo.
International Human Rights Conventions & the Right to be Treated Fairly
However, it’s not that simple. Grenada has not signed on to conventions relating to Refugees but it has signed on to treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights.
These conventions protect the rights of people who are within the jurisdiction of a State. Therefore, once he arrived in Grenada, Mr. Tebo, like all the citizens and other persons residing in the Spice Isle, is entitled to basic and fundamental rights.
Article 7 of the American Convention on Human Rights details the right to personal liberty, a right which Mr. Tebo was deprived of. As far as we know, Mr Tebo is not accused of committing any crime while on Grenadian soil. Despite that, he was in police custody for weeks. His imprisonment represents a clear violation of Art 7 (3) which prohibits arbitrary arrest, Article 7 (5) which states that a person detained should be promptly brought before a judge and Article 8(1) which guarantees the right to a fair trial within a reasonable time.
Even under a curfew or limited State of Emergency, there was no need to detain Mr. Tebo indefinitely. Additionally, Article 22 of the American Convention on Human Rights spells out rights pertaining to freedom of movement and residence.
Specifically Article 22(6) states that an alien may be expelled from a State Party to this Convention only if a decision is reached in accordance with the law. Based on information reaching the media and the public, Mr. Tebo was not given the opportunity to appear before any Court even though he arrived in the State eleven (11) days before a limited State of Emergency was pronounced by the Prime Minister.
From mid-March to mid-April Mr. Tebo never saw a Judge or Magistrate. Mr. Tebo was treated unjustly and unfairly and is entitled to seek remedies for the ill treatment he received.
Concerning the issue of Mr.Tebo seeking asylum in Grenada, International law gives him the right to seek asylum but there is no law or treaty that states asylum must be granted. As mentioned above, Grenada is not a party to the Convention relating to the Status of Refugees, neither does it have a Refugee Act. It therefore cannot grant asylum to Mr. Tebo. However, Grenada should have put systems in place for refugees.
The Caribbean is an attractive place and easily accessible for refugees coming from all over the world. Ideally, Grenada should sign on to the Convention and also draft local laws to govern refugees. States that have signed on to the Convention have the power to grant asylum but not an obligation.
Even in cases where refugees have met the criteria laid out in the Convention, it remains a discretion of the State whether refugee status is granted.
International law aside, Mr. Tebo was in need of a Good Samaritan but unfortunately Grenada refused to be its brother’s keeper.
(Rae Thomas is an Attorney-at-Law and a graduate of UWI and Hugh Wooding Law School in Trinidad & Tobago)