border, declaring that the ‘dividing line’ would
put an end to “serious illegal immigration probvehicles”, as well as achieving “protection of territorial integrity… sought since independence.”12
While facilities were available for Haitian migrants to renew or change their status under
opaque, services were centralised and affected
persons had other priorities in a context of limited mobility given the health crisis. Moreover,
there were some 200,000 spontaneous returns
to Haiti during the pandemic in 2020. Sadly, the
Dominican authorities restarted cross-border
deportations of Haitians in late September after
deportation events took place in 2020. Given
the sluggish implementation of Law 169-14 for
denationalised Dominicans of Haitian ancestry,
intended for affected persons to regain Dominican documents, there is a danger of unwitting
expulsions of stateless persons with the right
to stay in ‘their own country’ where they were
born. The very real dangers of this happening
were demonstrated in the 2014 jurisprudence
of the IACtHR.13 Political scapegoating rhetoric
targeting Haitians is not uncommon in the Dominican Republic. They are blamed for many
things including unemployment, social crises
and diseases.14
RIGHT TO HEALTH
Stateless persons in the Dominican Republic
have access to basic healthcare services free
of charge, however, most are uninsured and live
in poverty which means they lack the resources
to pay for any prescribed medicines or treatment out of pocket. Many report discriminatory
attitudes of healthcare staff and having to wait
to sexual and reproductive health services for
women is hindered by nationalist, anti-Haitian
rhetoric raising concerns about the cost to the
state of providing service to ‘Haitian migrant’
women. This has led to a policy proposal of the
Dominican Society of Obstetricians and Gynaecologists to charge for services.15 In November
2020, President Luis Abinader claimed the Dominican health care system cannot sustain the
cost of attending so many pregnant ‘Haitian’
women.16 In recent years, there have also been
military and border security inspections of hospitals in the border region, searching for pregnant women who may be ‘illegally’ using servicCOVID-19 related abuse directed at migrants
excluding undocumented persons from the national vaccine campaign17 is creating a hostile
environment which is fostering vaccine hesitancy by those who may already have concerns
about getting vaccinated.
SOCIO-ECONOMIC RIGHTS
Exclusion from Emergency Relief: Migrants
and stateless persons lacking Dominican documents have been excluded from the expanded
programmes of social protection operated during the pandemic, including a stimulus to mitigate the loss of earnings from businesses and
individuals, especially to protect employment,
state subsidies for formal workers (Programa
‘FASE I y II’) and informal workers (‘Quédate en
Casa’ y ‘Pa’ Ti’). Inclusion in these measures
depends on the documentation and legal status of the person or family member. Some of
those who are ineligible, have received support
from NGOs and international organisations.
It appears that the government has shifted responsibility towards such groups and expects
NGOs and international organisations to provide for them.
Lost Livelihoods: Stateless persons were already in a precarious economic situation prior
to the pandemic. The lockdown and curfew
measures have impacted their livelihoods in
several ways. There is less work available (carpentry, construction, transportation, domestic
work), and those in informal work such as itinerant sales (lottery tickets, food) are not able to
make a living as there is less money circulating
in the community. Domestic workers were sent
home temporarily. Salaries have been cut for
some working in agriculture and selling lottery
tickets, though they are expected to work the
same number of hours. Many families are unable to buy basic provisions.
Case Study
Nadia,18 a 25-year-old stateless woman and
mother of three stateless children, laments the
exclusion of undocumented people from government programmes to mitigate the economic
impact of COVID-19. Despite having registered
for naturalisation following the passage of Law
169-14 in 2014 and receiving a regularisation
card, the government has yet to deliver on its
promise to naturalise over 7,000 stateless descendants of Haitian migrants. Their regularisation card is now expired, with unclear procedures in place for renewal or naturalisation as
Dominican citizens. She states:
-
STATELESSNESS AND RIGHT TO
NATIONALITY IN THE DOMINICAN REPUBLIC
Nationality and citizenship in the Dominican Republic are governed by the 2010 Constitution,19
the Migration Law 295-04 (2004),20 and the relevant constitutional case law. The descendants
of Haitian migrants risk being made stateless
due to nationality deprivation and denial. Professor, Brad K. Blitz, summarises the dual problem "…the problems of statelessness in the Dominican Republic are the result of both the denial
and deprivation of citizenship and a deliberate
lack of access – in this setting, requirements are
imposed as a way to prevent access to nationality".21
nationality for Dominican-born descendants of
migrants unless they were born to persons in
transit. The former 1939 Migrant Law further
stipulated that ‘in transit’ meant persons in the
state for ten days or fewer. The current 2004 Miin transit’
in Article 18.3 of the 2010 Constitution, which
states that children born to parents “residing illegally in the Dominican territory” are not entitled
to nationality.
THE CESF CONSORTIUM PROJECT
who have been excluded from state relief, in order to better understand the evolving needs
of the stateless community and develop appropriate longer-term engagement strategies for
the DxD platform.
DxD is a platform made up of civil society organisations with a long history of service in
the Dominican Republic in human rights, education, health, sustainable development and
strategic research and litigation. Notably since Sentence 168-14, this platform has helped
Dominicans of Haitian descent advocate for social inclusion, community development and
better working conditions as well as access to civil registration and the right to Dominican
nationality.
Under the project, DxD is working with 250 individuals and families who have been excluded
from emergency aid in order to better understand their circumstance and to gather concrete
evidence of their exclusion. Mapping the impact of disruptions to civil registration during the
pandemic, in the context of the broader exclusions faced, the platform is interviewing 50
people. This project is contributing to a wider study mapping the impact of disruption to civil
registries during the pandemic. To alleviate some economic burden, the platform has also
granted loans to select stateless entrepreneurs to start small scale enterprises. The goal of
this effort is to
support their endeavours and to showcase their capacities, demystifying the claim that stateless people are a drain on the economy. This project is aiding key advocacy efforts with key
demic relief measures. In particular, the project aims to engage with:
•
Junta Central Electoral (Central Electoral Board), which operates the Civil Registry in the
Dominican Republic. While it has been undergoing important modernisation in recent
years, some argue that this led to greater discrimination against children born to Haitian
migrants. As of February 2021, the CEB has circulated draft legislation intended to improve the operation of the Civil Registry in the Dominican Republic.