In its latest efforts to remove Haitian migrants, authorities in the Dominican Republic have introduced a slate of new immigration control measures–amongst them a new protocol requiring the presence of immigration officers in hospital maternity wards and for women without paperwork to be deported immediately. This latest cruel and misogynistic policy further deepens migrant women’s vulnerabilities, increasing the obstacles they face in accessing vital public health services. […]
Guest Opinion: “The Dominican Republic Must End Collective Deportations of Haitians”
Guest Post by Bridget Wooding (OBMICA) On 2 October, the Dominican Republic’s Migration Directorate of the Ministry of the Interior and Police announced an upscaled operation “to deport 10,000 Haitians each week.” This decision had been taken by the Defence and National Security Council, headed up by President Luis Abinader. According to the Council’s directive, […]
Dominican Republic Deportations Surge as Authorities Announce Opening of New Detention Centre
Since our last update in December 2022, the Dominican Republic has continued to step up its policy of mass deportations of Haitians, violating the rights and dignity of non-nationals despite numerous calls for authorities to moderate their actions. To facilitate these deportations, the General Directorate of Immigration has announced plans to establish a new immigration […]
Dominican Republic: Covid-19 and Detention
In the past three months, Dominican Republic authorities have significantly stepped up migration controls and forced removals of Haitians, including amongst them pregnant women arrested in hospitals, prompting international condemnation. The country, which has historically pursued a policy of mass deportations, removed more than 60,204 people to Haiti between 1 August and the end of […]
Dominican Republic: Covid-19 and Detention
There has been a sharp uptick in anti-migrant policies and practices in the Dominican Republic in recent months, which have been fuelled in part by COVID-related restrictions and growing public backlash aimed at Haitians. Haiti and the Dominican Republic have a long history of political and racial tensions, often related to migration pressures. The Committee […]
Dominican Republic: Covid-19 and Detention
On 1 March 2020, the first COVID-19 case was confirmed in the Dominican Republic. Between 15 and 19 March, the government adopted a series of emergency measures, including halting flights from Europe, China, South Korea, and Iran; suspending ferry arrivals; and closing border crossings with Haiti. As of December 2020, the country had registered 149,138 […]
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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
Immigration-Status-Related Grounds
LENGTH OF DETENTION
DETENTION INSTITUTIONS
Apprehending Authorities
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratio of relevant international treaties ratified
Individual Complaints Procedures
Relevant Recommendations or Observations Issued by Treaty Bodies
(a) To halt the detention, deportation and arbitrary expulsion of Haitian migrant children, paying particular attention to unaccompanied children, ensuring that public authorities fully comply with the principle of ensuring that the best interests of the child are the primary consideration in all decisions in order to prevent family separation, promote family reunification and cease forced institutionalization and guarantee that children have effective access to refugee status determination procedures and to international protection ;
[...]
(c) Avoid the arbitrary and indefinite detention of migrants, asylum seekers and refugee claimants, ensure that they have access to a lawyer and information on their rights, including at the border, and provide for alternatives to detention for asylum seekers and refugee claimants, ensuring that detention is used only as a last resort;
[...]
(d) Implement training programmes regarding the Covenant, international standards on asylum and refugee status, and human rights for the staff of migration institutions and border personnel;
[...]
(a) Continue to evaluate the impact of social programmes for families, improve their efficiency and provide them with adequate resources;
(b) Not deport children who are in the care of their family in the State party and ensure that children are not deported to a country where their protection is not guaranteed;
(c) Strengthen its efforts to prevent the separation of children from their parents in the context of migration for economic reasons and ensure that persons who left the country to work abroad are able to meet their parental responsibilities, including by providing them with family counselling;
(d) Design and put in place programmes to support single-headed households, particularly those headed by adolescent girls, and ensure that they have access to early childhood care, health and education...
62. The Committee recommends that the State party:
(a) Ensure that children are not deported to a country where their rights risk being violated;
(b) Ensure that the National Refugee Commission undertakes child refugee status determination (RSD) through a fair and efficient asylum procedure, in accordance with international standards and in cooperation with UNHCR;
(c) Ensure the speedy and cost-free processing of temporary identity documents for child refugees and asylum-seekers and their relatives, including documentation certifying legal residency for those who were recognized under the UNHCR mandate;
(d) Provide access to education, health, shelter and other services to which child refugees and asylum-seekers are entitled pursuant to the Convention.
64. The Committee recommends that the State party:
(a) Strengthen efforts to provide unaccompanied migrant children with shelter, care and protection;
(b) Continue its efforts towards the adoption of coordination protocols between the authorities responsible for the protection of children at the border between the Dominican Republic and Haiti, as well as protocols for the voluntary return of migrant children, with guarantees of due process."
The Committee recommends that the State party:
Ensure that the National Refugee Commission undertakes child refugee status determination (RSD) through a fair and efficient asylum procedure, in accordance with international standards and in cooperation with UNHCR;</p>
Ensure the speedy and cost-free processing of temporary identity documents for child refugees and asylum-seekers and their relatives, including documentation certifying legal residency for those who were recognized under the UNHCR mandate.
<p>The State party should provide all persons subject to a deportation process with the guarantees established by the Covenant, abolish the detention for an unspecified time period of persons who are going to be deported and provide detained persons with effective remedies.</p>
<p>Taking into account its general recommendation 30 (2004) on non-citizens, the Committee recommends that the State party:</p>
<p> (a) Ensure that laws concerning deportation or other forms of removal of non-citizens from the jurisdiction of the State party do not discriminate in purpose or effect among non-citizens on the basis of race, colour or ethnic or national origin;</p>
<p> (b) Ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account;</p>
<p> (c) Avoid the expulsion of non-citizens, especially of long-term residents, that would result in disproportionate interference with the right to family life;</p>
<p> (d) Ensure that non-citizens have equal access to effective remedies, including the right to challenge expulsion orders, and are allowed to pursue such remedies effectively. The Committee further recommends that the State party take the necessary measures to accelerate the approval of the provision of Migration Law No. 285-04 setting guidelines on the principle of due process in deportation or expulsion procedures.</p>
<p>The Committee invites the State party to adopt humane and internationally accepted measures in dealing with undocumented migrants.</p>
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
"It is vital to establish firewalls between migration control and public services, so that all migrants, regardless of their status, can access essential services without fear of detection, detention or deportation.”
“The Dominican Republic must end the intimidation, detention and deportation of pregnant migrant women seeking medical care.”
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
racial profiling, arbitrary detention, mass deportation of migrants and the State’s treatment
of stateless people.
II. Conclusions and/or recommendations:
118.238 Prevent forced deportations of migrants and their descendants (Argentina);
118.240 Ensure due diligence and fair process in migrant returns, reinstate the procedure for the regulation of all temporary migrant workers, and adopt a labour mobility mechanism (Canada);
118.241 Review cases of alleged detentions and deportations, especially of pregnant and nursing Haitian women (Colombia);
118.243 Guarantee the human and procedural rights of migrants, including Haitians, during the process of deportation or repatriation (Germany);
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Government Agencies
Ministry of Foreign Affairs - https://www.dominicanembassy.in/mfa
- Dirección General de Migración - https://migracion.gob.do/
- extranjeria@migracion.gob.do
- +1 829-820-5782
International Organisations
IOM Dominican Republic - https://lac.iom.int/en/dominican-republic
UNHCR Dominican Republic - https://www.unhcr.org/where-we-work/countries/dominican-republic
NGO & Research Institutions
Observatorio Migrantes del Caribe - https://obmica.org/
MENAMIRD - https://www.bocabouch.info/es
Ombudsman
