the protection of sexual and reproductive rights and the protection of pregnant or lactating women
of Haitian descent.
28. Likewise, Dominican law guarantees the right to health and education to children, without
discrimination based on national origin, immigration status or lack of identity documents.131 However,
at least three cases of denial of paediatric services to descendants of foreign parents have been
documented in the eastern region of the country.132 On the other hand, despite the national law and
the will expressed by the Ministry of Education (MINERD),133 the discretionary application of a
measure that requires presenting documents that are difficult to obtain, such as a copy of the birth
certificate or a multiple entry visa, contravenes equal and effective access to education.134 Likewise,
it has been reported that children of Haitian descent have been subjected to discrimination by
directors or teachers who did not want to enrol them in public schools.135 Thus, these children and
adolescents face obstacles to accessing education at all stages of their school career. Stateless
children and adolescents cannot receive a school diploma or access university.136 Thus, the reality of
access to education for children and adolescents of Haitian origin is far from the applicable
standards.137
29. Access to social services has been particularly restricted in the context of the pandemic for people of
Haitian origin. In response to the health crisis, the Government adopted assistance programmes to
mitigate the loss of income of individuals and companies in the formal and informal sectors.138
However, migrants and denationalized people have not been able to benefit from them due to lack
of Dominican documentation.139 This exclusion exacerbated pre-existing inequalities in the country.140
The loss of jobs in the formal sector and the limited circulation of money in the informal sector
disproportionately affected Haitian migrants.141 Only 10% of the people in “Group A” were able to
access the program called “Stay at Home”.142 The above is added to the closure of the offices in charge
of naturalization applications and renewal of immigration documents during the pandemic, which
exacerbates exclusion.143 La mayoría de los NNA de origen haitiano no pudieron seguir la educación a
distancia durante la pandemia por falta de acceso a la electricidad, internet y a un acompañamiento
educativo en casa144. Despite the challenges during the pandemic, we see that the State did not take
131
Code for the Protection System and Fundamental Rights of Children and Adolescents, Law 136-03, Articles 28 and 45.
Ad-hoc coalition of civil society organizations. Joint Report to the Committee on the Rights of the Child on the situation of children
and adolescents in the Dominican Republic, with emphasis on the rights to nationality, equality, non-discrimination, and access to
education and health. 2023. P. 19.
133
Diario Libre, Minerd will register those who do not have a birth certificate, available at:
https://www.diariolibre.com/actualidad/nacional/2023/07/26/ano-escolar-2023-2024-acogera-a-carentes-de-actas/2414952.
134
OBMICA and UNICEF, A new look at children on the move on the Dominican-Haitian border, May 31, 2023, pp. 9, 16.
135
Ibid.
136
US Department of State Annual Report on Human Rights Dominican Republic. 2022. P. 20.
137
Immigration policy. The theory is far from reality, available at: :https://politicamigratoria3.wixsite.com/pomig.
138
Covid-19 Emergency Statelessness Fund (CESF) Consortium. Together We Can: The Covid-19 Impact on Stateless People & a
Roadmap for Change. June 2021. P. 45.
139
Ibid.
140
FES and OBMICA. Coronavirus and Preexisting Inequalities: Mobilities in the Dominican Republic. September 2020. P. 5.
141
Bridget Wooding and Allison Petrozziello, “Impacts of COVID-19 on the Haitian population and their descendants in the Southern
Zone of the Dominican Republic” (Santo Domingo: OBMICA, June 2021),p. 22 available at:
https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3A90b26a53-0248-4ca6-848e0c392aa9fa8c#pageNum=1.
142
Ibid, P. 6.
143
OBMICA, Dignified Treatment: New challenges for Due Process in Deportations from the Dominican Republic. February, 2023. P.
21.
Likewise, mobility restrictions limited the ability of Haitian migrants to recover their documentation. Covid-19 Emergency
Statelessness Fund (CESF) Consortium. Together We Can: The Covid-19 Impact on Stateless People & a Roadmap for Change.
June 2021. P. 44.
144
Bridget Wooding and Allison Petrozziello, “Impacts of COVID-19 on the Haitian population and their descendants in the Southern
Zone of the Dominican Republic” (Santo Domingo: OBMICA, June 2021), p. 24 , available at:
132
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