26. The Constitution protects the social rights of every person without discrimination, including on the
basis of colour or nationality, such as the right to health and education.120 However, Dominican people
of foreign ancestry and Haitian migrants face multiple obstacles in accessing social services.121
27. The decision of the National Migration Council (CNM-RD) to deny access to health services to people
in an irregular situation and non-residents was interpreted broadly and has had a disproportionate
impact on pregnant and lactating women.122 This decision is part of a public narrative of
criminalisation of Haitian migration, particularly of pregnant women, which blames them for the
deterioration of the health system.123 However, health experts, including the former Director of the
National Health System, have denied the figures provided by the State on an alleged excessive
investment by the State in the medical care of pregnant women of Haitian origin and its negative
impact on the health system.124 Since the beginning of his mandate, the President has declared that
the Dominican health system cannot respond to the needs of all people due to the number of
pregnant Haitian women who go to Dominican hospitals.125 In this context, since October 2021,
Dominican authorities have carried out immigration raids in hospitals,126 causing pregnant women of
Haitian descent to avoid going to hospitals or do so at night, hindering adequate care.127 Likewise,
cases of obstetric violence were documented in a hospital in Dajabón and a health centre in the east
that denied pregnant women access to health services.128 In November 2021, more than 300 CSOs
denounced this situation and demanded access to health care services without discrimination and
intimidation.129 Accordingly, the IACHR urged the State to guarantee the rights to sexual and
reproductive health of pregnant women without discrimination and recalled that the right to
confidentiality implies that the State cannot conduct immigration raids in hospitals.130 In light of this
situation, we consider that the State has not complied with the recommendations issued regarding
120
Constitution of the Dominican Republic, proclaimed on January 26. Published in the Official Gazette No. 10561, January 26,
2010, Article 39, 61, 63.
121
US Department of State Annual Report on Human Rights Dominican Republic. 2022. P. 20 and 27.
122
OBMICA, Dignified Treatment: New challenges for Due Process in Deportations from the Dominican Republic. February, 2023. P.
47-48.
123
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 325.
124
MST. Dismantling the government's fake news against Haitian women, available at: https://mst-rd.org/2021/11/18/desmontandolos-fake-news-del-gobierno-contra-las-mujeres-haitianas/.
125
Daily List. Luis Abinader: “Dominican health cannot and does not support the number of Haitian (parturient)”, available at:
https://listindiario.com/la-republica/2020/11/25/645670/luis-abinader-la-salud-dominicana-no-poder-y-no-soporta-la-cantidad-departurientas-haitianas. html.
126
Coalition Social protection for Haitian immigrants and their descendants in the Dominican Republic. Contributions to the
preparation of the report of the United Nations High Commissioner for Human Rights pursuant to Human Rights Council resolution
47/21. September 14, 2022. P. 6.
For more recent examples of this practice, see Acento, “Monseñor Jesús Castro Marte raises his voice and calls what DGM did
unacceptable,” Acento, July 22, 2023, available at: https://acento.com.do/actualidad/monsenor-jesus-castro-marte-alza-la-voz-ytilda-de-inaceptable-lo-hecho-por-dgm-9227073.html; #HaitianosRD Collective, “It's happening right now! The @migracionrdo is
once again entering public health facilities, detaining and taking pregnant women in full health care, or nursing women and women
with children... there are complaints and testimonies that show that DGM agents entered the Altagracia maternity hospital, in DN and
detained some 12 women (or more) pregnant women to the Haina Detention Centre. They were also in the surroundings of La
Maternidad Los Minas, and are operating inside a polyclinic in Verón, and in a hospital in Higüey. We call, first of all, to the
Dominican authorities to stop this serious violation of human rights, and specifically to the @procuraduriagralrd and the office of the
@defensorrd to amend those actions of that institution that is already recurring in these flagrant violations of the rules. legal
provisions of #DR, the Dominican-Haitian binational protocol, and international agreements on health and protection of women and
children. We ask @amnistiaamericas to support us in urgent action to stop these actions, and prevent these situations of worrying
violation of fundamental rights from worsening…” Instagram, July 20, 2023, https://www.instagram.com/p/Cu7ZJdor21x/.
127
Today. Illegal parturients go to centres at night to avoid being deported, available at:https://hoy.com.do/parturientas-ilegales-vande-noche-a-centros-para-no-ser-deportadas/.
128
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 348.
129
Acento, 300 organizations sign letter to Abinader for mistreatment of Haitians, available at: 300 organizations sign letter to
Abinader for mistreatment of Haitians | Accent.
130
IACHR. Press release. IACHR expresses concern for pregnant women expelled in the Dominican Republic and calls on the State
to guarantee access to protection mechanisms and reproductive health services. December 1, 2021.
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