Hearing on migration policies and care for pregnant migrant women

Good afternoon, Madam President, commissioners. Distinguished representatives of the organizations that requested this meeting.

The Government of the Dominican Republic expresses its respect and gratitude to the Inter-American Commission on Human Rights for the opportunity to take part in this session. We value the role this Commission plays in the promotion and protection of human rights, and we welcome this meeting as an essential forum for constructive dialogue.

I wish to inform you that I am accompanied, representing the Dominican State, by officials of the Ministry of Foreign Affairs, Neyra Paulino and Ambassador Mayerlin Cordero; of the National Health Service (SNS), Dr. Luz Fermín; of the General Directorate of Migration, Mr. Durán Díaz; and of the National Council for Children and Adolescents (CONANI), Alexandra Santelises and Pazzis Paulino.

We have taken due note of the concerns and positions presented by the organizations that are with us today.

Our participation is intended to set out the position of the Dominican State with regard to the migration policies in force and the mechanisms for protecting the human rights of all persons in our territory, in particular migrants and their families. We will present the actions carried out, the applicable legal framework, the response to specific cases and the commitment of the Dominican authorities to dialogue and continuous improvement.

Unrestricted respect for human dignity is the cornerstone on which the Dominican State is built, as enshrined in our Constitution. Articles 5, 7, 8 and 38 not only establish a clear and categorical mandate for the institutions of the State; they also define an inescapable commitment to respect for the dignity of the person and the effective protection of the fundamental rights that are innate to every human being.

In the Dominican Republic, the efforts of the authorities are directed at guaranteeing the right to health through comprehensive care, a commitment that goes beyond the notion of emergency services to cover a full range of health care, as established in Article 61 of our Constitution and in the General Health Law. This approach shows our understanding that health is a fundamental right that must be accessible to all inhabitants without exception.

We understand that any situation that appears to depart from these democratic and humanistic ideals deserves not only to be reviewed but to be corrected with the urgency and seriousness it warrants. In this context, the will of the State and of the Government, led by President Luis Abinader, is unwavering in its aim of aligning all government actions and policies with these guiding principles.

That said, recent figures reveal a sustained pattern of increase in the number of births to Haitian women in the Dominican Republic. To illustrate this trend, 14,693 births were recorded in 2018, a figure that rose to 27,984 in 2019, reached 30,322 in 2020, and increased to 37,941 in 2022. So far this year, 27,941 births have been counted. This rise is notable when one considers the percentage of births to Haitian mothers in relation to the total for the public network: 12.5% in 2018, which has risen progressively to 23% in 2019, 27.2% in 2020, 32% in 2022, and at present stands at 35%.

This situation has direct and deep implications for Dominican public health. It not only shows the burden of care that attention to Haitian women places on the health system; it also reflects the dynamics of cross-border movement aggravated by the humanitarian, institutional, economic, political and security crisis currently affecting Haiti.

The effort of the Dominican State to respond to these circumstances is evident in the allocation of a significant part of its health resources, representing 30% of the sector's budget, to provide services to Haitian women. This is a clear expression of the will to offer assistance without any discrimination. The steady increase in care for these women shows the consistency and commitment of the Dominican Republic to humanitarian assistance. Likewise, the application of protocols and technical regulations confirms the country's commitment to neutrality and to guaranteeing universal access to health services.

We note, however, that there has been an attempt to exaggerate certain events, creating a distorted image that is not representative of the daily reality of maternity services in the country or of migration control procedures.

When the data are examined in the context of migration policies, a reality emerges that deserves careful analysis. In the course of 2021, 9,812 women were repatriated, and of that group 313 were pregnant, amounting to barely 3.19% of the total. This relatively low percentage confirms that pregnant women are not a specific target of repatriation policies, but rather are reached to a lesser extent within the broad spectrum of migration procedures.

In 2022, the total number of women repatriated was 20,906, and within that group 1,116 were pregnant, which represents 5.34%. Despite this percentage increase, it is important to stress that the rise does not necessarily imply a focus on pregnant women; rather, it corresponds to a general increase in migratory movements and the consequent repatriation processes.

For the months elapsed in 2023, up to October, the repatriation of 39,092 women has been reported, of whom 823 were pregnant. This figure reflects a decrease in the percentage to 2.11%, which confirms our position that repatriation measures and practices are not directed disproportionately at pregnant women, much less focused on them.

The cumulative total from 2021 to October 2023 comes to 69,810 women repatriated, with 2,252 pregnant women among them, corresponding to an overall percentage of 3.23%. These percentages show the absence of a systematic policy of repatriation focused on pregnant women. There is no unbridled persecution, as is sometimes claimed.

What does exist, given the growing arrival of Haitian migrants in the Dominican Republic, in particular of pregnant women, is a complex and many-sided dichotomy.

On the one hand, there is the moral imperative and the obligation to provide adequate health services to every person within our borders, in keeping with international human rights commitments and the principle of human solidarity. On the other hand, there is growing concern for the necessary balance between the duty to care for Dominican citizens and the significant impact that care for migrants has on the public health system, on social security and on the country's resources, which are finite.

It is undeniable that the extraordinary burden arising from this situation puts pressure not only on the health infrastructure but also on the operational and financial capacities of the State, which already face significant internal challenges. While we recognize that it is essential to provide assistance to those in need, it is also crucial to establish mechanisms that allow a more equitable distribution of responsibility at the regional and international levels.

In this context, what is required is collective reflection and a joint response that does not compromise the sustainability of our systems of protection or the social demands of Dominicans, who also deserve comprehensive and priority attention. A balance must be found that safeguards the rights of migrants without diminishing those of nationals, which leads us to call for international cooperation and multilateral dialogue in order to address, in a comprehensive and sustainable manner, a problem that transcends national borders and that the Dominican Republic cannot assume. For the truth is that everything has a limit. And here we take the opportunity to recall: do not ask of us what is not asked of others.

The interpretation of these data requires meticulous consideration of all the factors involved and must be carried out with the understanding that every figure represents human lives and the complexities inherent in each individual situation. These statistics, while important for the formulation of policy and for decision-making, also reflect the humanitarian reality that must be addressed with sensitivity and in accordance with the principles of human rights and dignity for all.

The task of keeping an exact and detailed record of migratory movements across a border that is largely porous represents a significant challenge. This difficulty is even more acute in a context where institutions are in a continuous process of strengthening and where practices and procedures are in an active phase of refinement.

What is not subject to interpretation is that our solidarity with the Haitian people and their situation has been a constant in the recent history of our nation. It is a solidarity born of geographic proximity and historical ties, and it has been shown on many occasions, not only through aid in moments of crisis but also in the daily life of peaceful coexistence and fraternal treatment. The Dominican people have received Haitian migrants, offering them opportunities for work and access to health services and education, in a spirit of hospitality and good neighborliness.

Nevertheless, we are aware that, as a nation, the Dominican Republic is not free of imperfections. We recognize that, among the many actors operating in our territory, there are areas that require our attention and continuous improvement. It is a recognition that arises not from complacency but from a commitment to self-assessment and the desire to progress as a society.

Our Government, under the direction of President Luis Abinader, has devoted itself to public policies that seek not only to reinforce migration infrastructure and procedures, but also to ensure that every action of the State reflects the values we profess as Dominicans (equity, inclusion, solidarity, humanity, responsibility, transparency, justice and collective well-being). We have shown, with concrete facts, the will to make significant changes to improve the quality of life of all who live on our soil, without distinction.

When deviations from the rules and from good practice by agents of the State have been detected, there has been no hesitation in acting with the firmness that law and ethics dictate. Disciplinary and corrective measures have been taken, sanctioning and removing those who failed to perform their duty with integrity. These acts are not only punitive measures; they are also part of an educational and reforming process that seeks to cultivate a culture of integrity and respect for human rights within our institutions. For that reason, between 2022 and 2023, 132 agents of the General Directorate of Migration were dismissed, including members of the national police and of the armed forces who violated the rules and principles that should have governed their conduct.

We thus reaffirm our unbreakable commitment to continuous improvement, understanding that every step we take forward strengthens not only our institutions but also the social fabric that unites the Dominican Republic. This process of self-reflection and continuous improvement is the pillar of our advance toward a more just and equitable future, in which solidarity and mutual respect are the cornerstone of our coexistence.

In addition, the training of 626 migration agents in human rights and due process between 2020 and 2022 represents a significant milestone and a conscious effort by the Dominican Republic to ensure that the fundamental principles of human dignity and legality are pillars in the management of migratory flows. Training the agents, who are on the front line of contact with migrants, brings us closer to fair and humane treatment and is in keeping with the values of a state governed by the rule of law, where justice and equity are the norm. These training programs also raise the quality of public service, prevent violations of rights and foster a culture of responsibility and sensitivity toward migration issues, which contributes to a more inclusive and harmonious society.

We are aware of our international obligations and we work tirelessly to fulfill them. Our country has assumed the responsibility of giving progressive effect to the rights recognized in the treaties and instruments we have adopted, recognizing the limits of resources and the need for time to apply all their provisions fully.

The Dominican Government values the role of the IACHR in the protection of human rights and remains open to constructive dialogue in order to assess and improve its policies and practices, in cooperation with international bodies and civil society groups.

In conclusion, we assure the Commission and all interested parties that the Dominican Republic keeps its promise to strengthen and improve its policies and practices in accordance with its constitutional principles and its international commitments. Our readiness for dialogue, reflection and corrective action is unwavering, and we will continue to work diligently to ensure that migration policy and the protection of human rights in our nation are exemplary and serve the well-being of all who reside on our soil.

Today we have gathered under the shadow of severe allegations, those that touch the very core of our commitment as a nation to the universal principles of human rights. We are questioned about circumstances that speak directly to our shared humanity.

We understand and deeply recognize the responsibility that rests on the shoulders of our homeland, the Dominican Republic, a country forged in struggle and in commitment to the freedom and dignity of every human being. We affirm before you that there is no place on our soil for indifference to suffering, nor for tolerance of injustice.

The allegations that we have failed in this task have been, for our Government, a wake-up call which, as you have seen, has moved us not only to reflection but to decisive action.

In that spirit, we call for us to work together, from the international community, to enable the aid that will help ease the deep crisis affecting Haiti, for that is the only way the foundations can be laid there to care properly for its nationals and provide them with the services they deserve.