An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Croatia

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government in most cases cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. In August, however, UNHCR criticized the government for violent pushbacks of illegal migrants; the government stated that approximately 2,500 refugees and migrants were turned back at the border during the first eight months of the year.

Abuse of Migrants, Refugees, and Stateless Persons: International and domestic NGOs reported police violence against asylum seekers and migrants, particularly on the country’s border with Bosnia and Herzegovina (BiH).

UNHCR and several NGOs published reports alleging border police subjected migrants to degrading treatment, including verbal epithets and vulgarities, destruction of property, and beatings, including of vulnerable persons such as asylum seekers, minor children, persons with disabilities, and pregnant women. NGOs reported several migrants alleged border guards beat them while they were holding their infants or toddlers. One female migrant told NGOs male border police officers subjected her to a strip search in the forest in the presence of adult male migrants.

NGOs reported cases in which authorities kept families of asylum seekers detained in correctional facilities rather than in asylum reception centers. They stated police confined the families in cells for long periods, and children did not have access to outdoor exercise, education, books, or age-appropriate toys. In April the ECHR ordered the government to release one family from detention and allow them freedom of movement. In September the Council of Europe’s commissioner for human rights called on the government to launch prompt and independent investigations regarding allegations of police violence and theft against refugees and migrants and of collective expulsion.

Domestic NGOs working on migrants’ rights reported police pressure, such as extensive surveillance and questioning of employees’ close associates and family members. Similarly, the ombudsperson’s 2017 report described pressure imposed on her office by some high-ranking officials from the Ministry of the Interior who said she should not have discussed nor debated cases in public. In October the ombudsperson said the Ministry of the Interior had repeatedly denied her access to information on police treatment of migrants. The Ministry of the Interior stated it adequately responded to the ombudperson’s requests.

The Ministry of the Interior publicly denied all allegations of violence or inhuman treatment of migrants and all allegations of pressuring humanitarian workers. In response to a query from the Council of Europe Human Rights Commissioner, Minister of the Interior Davor Bozinovic wrote that the Ministry of the Interior investigated all complaints received but had not found enough concrete data to warrant a criminal investigation.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum and refugee status, and the government has established a system for providing protection to asylum seekers. NGOs reported authorities at the border between Serbia and BiH prevented some migrants from applying for international protection, although officials denied these reports.

In June, claiming insufficient evidence, state prosecutors declined to prosecute a criminal case against police in the November 2017 death of a six-year-old Afghan girl killed by a train on the border with Serbia. The ombudsperson publicly called for an independent investigation into the actions of border police.

The Ministry of the Interior, in cooperation with several NGOs, provided applicants for international protection with housing and board, legal counseling, and psychological and humanitarian support. NGOs reported good cooperation with the Ministry of the Interior in the two asylum reception centers, Porin and Kutina, and asserted quality of services was generally good, giving education and medical services as positive examples. NGOS identified a need for increased psychiatric support, including for post-traumatic stress disorder, suicidal ideation, and drug/alcohol dependence.

In August the Ministry of the Interior adopted a comprehensive Protocol to provide assistance to unaccompanied minors.

In November 2017 the government began refurbishment of the Zagreb Reception Center for Asylum Seekers at Porin, which remained operational, transferring some residents temporarily to Kutina Center.

Durable Solutions: The government committed to receive 1,583 refugees and asylum seekers (1,433 under an EU relocation plan and 150 under an EU resettlement plan). As of August the country had received 81 refugees from Greece and Italy and resettled 105 Syrian refugees from Turkey.

The government continued to participate in a five-year joint regional housing program (RHP) with the governments of BiH, Montenegro, and Serbia. The RHP aimed to contribute to the resolution of the protracted displacement situation of the most vulnerable refugees and displaced persons following the 1991-95 conflict. As of August, the RHP had provided housing to 229 families incorporating 510 individuals in the country.

Temporary Protection: The Ministry of the Interior reported that from January to August, the government granted subsidiary protection to 20 persons who did not qualify as refugees.

STATELESS PERSONS

UNHCR estimated there were approximately 290 persons stateless or at risk of statelessness in the country. Many of these persons were Roma who lacked citizenship documents. The Ministry of the Interior is responsible for granting stateless individuals residency and eventual citizenship. Leaders from the Romani community reported stateless individuals faced significant barriers to employment, education, property ownership, and access to medical services.

Cuba

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

There continued to be restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government also controlled internal migration from rural areas to Havana.

Individuals seeking to migrate legally stated they faced police interrogation, fines, harassment, and intimidation, including dismissal from employment. Government employees who applied to migrate legally to the United States reportedly sometimes lost positions when their plans became known. Some family members of former government employees who emigrated from the island lost public benefits or were denied passports to travel and join their family members abroad.

The law provides for imprisonment of up to three years or a fine of 500 nonconvertible pesos (CUP) ($20) for first-time “rafters” (those who attempted to depart clandestinely, commonly using homemade vessels). Most persons caught attempting unauthorized departures via sea were detained briefly. In the case of military or police defectors, or those traveling with children, the punishment could be more severe.

Under the terms of the 1994-95 U.S.-Cuba migration accords, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters, or from the Guantanamo U.S. Naval Station, after attempting to emigrate illegally if they had not committed a separate criminal offense. Some would-be migrants alleged harassment and discrimination, such as fines, expulsion from school, and job loss.

In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, changes of residence to Havana were restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization from these bodies and send them back to their legally authorized place of residence. There were reports authorities limited social services to illegal Havana residents. Police threatened to prosecute anyone who returned to Havana after expulsion.

The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Dissidents frequently reported authorities prevented them from leaving their home provinces or detained and returned them to their homes even though they had no written or formal restrictions placed against them.

Foreign Travel: The government continued to require several classes of citizens to obtain permission for emigrant travel, including highly specialized medical personnel; military or security personnel; many government officials, including academics; and many former political prisoners and human rights activists. It also used arbitrary or spurious reasons to deny permission for human rights activists to leave the island to participate in workshops, events, or training programs. The Patmos Institute published a list of 64 human rights activists to whom the government denied permission for foreign travel as of July. Activists reported interrogations and confiscations at the airport when arriving from outside the country.

On April 12, airport authorities detained Marthadela Tamayo and Juan Antonio Madrazo, members of the independent NGO Committee for Racial Integration who were traveling to Geneva to participate in a session of the UN Universal Periodic Review, and barred them from leaving the country. In April the government prevented several members of independent civil society from traveling to Peru to participate in the Summit of the Americas. In May authorities prevented Berta Soler and Leticia Ramos of the Damas de Blanco from traveling to New York to receive an award for promoting liberty.

PROTECTION OF REFUGEES

Access to Asylum: The constitution provides for the granting of asylum to individuals persecuted for their ideals or actions involving a number of specified political grounds. The government has no formal mechanism to process asylum for foreign nationals and is not a signatory to the 1951 Refugee Convention.

Temporary Protection: On the small number of cases of persons seeking asylum, the government worked with the Office of the UN High Commissioner for Refugees to provide protection and assistance, pending third-country resettlement. In addition, the government allowed foreign students who feared persecution in their home countries to remain in the country after the end of their studies until their claims could be substantiated or resolved.

Cyprus

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement within government-controlled areas, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, asylum seekers, stateless persons, migrants, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: An NGO reported some Social Welfare Service officers and judges subjected asylum seekers to racist verbal abuse. Foreign nationals sentenced to a few months’ imprisonment for entering the country illegally were generally deported as soon as their travel documents were ready.

The government’s policy was not to hold irregular migrants in detention for long periods and to release them and provide them residency permits if they were not deported within 18 months. An NGO reported immigration authorities pressured migrant detainees to sign a voluntary return consent by threatening them with indefinite detention.

The ombudsman received complaints of continuing detention despite the absence of prospect of deportation. The ombudsman recommended the release of such detainees and reported that authorities implemented those recommendations in some cases.

In-country Movement: The government did not restrict Greek Cypriots from traveling to the area administered by Turkish Cypriots, but the Ministry of Foreign Affairs warned foreigners against spending the night at Greek Cypriot properties occupied by Turkish Cypriots or Turks, gambling in the area administered by Turkish Cypriots, or buying or developing property there. NGOs reported the government prohibited recognized non-Cypriot refugees with temporary residence status and asylum seekers from crossing to the area administered by Turkish Cypriots, asserting it could not assure their safety in an area not under its control.

INTERNALLY DISPLACED PERSONS (IDPS)

The government considers Greek Cypriots displaced as a result of the 1974 division of the island to be refugees, although they fell under the UN definition of IDPs. As of October there were 233,330 such individuals and their descendants. UNHCR provided assistance to Greek and Turkish Cypriot IDPs from 1974-88, after which it transferred assistance programs to UNFICYP and other UN agencies. Because UNHCR no longer extended assistance to these displaced persons, it officially considered the IDP population to be zero, consistent with UNHCR statistical reporting guidelines. Depending on their income, IDPs were eligible for financial assistance from the government. They were resettled, had access to humanitarian organizations, and were not subject to attack, targeting, or mandatory return under dangerous conditions.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees.

The ombudsman and NGOs reported delays in the examination of asylum applications and delays in the examination of appeals against rejections of asylum applications.

Employment: Authorities allowed asylum seekers whose cases were awaiting adjudication to work after a waiting period. In October the Ministry of Labor reduced the waiting period for work authorization from six months to one month. The law restricts asylum seekers to employment in fisheries, the production of animal feed, waste management, gas stations and car washes, freight handling in the wholesale trade, building and outdoor cleaning, distribution of advertising and informational materials, and food delivery.

A UNHCR report released in May noted long waiting periods for work authorization aggravated by limited areas in which asylum seekers were eligible to seek employment.

There were reports of racism by Labor Department officers who met with valid residency applicants seeking a contract of employment. From January to September, the Ministry of Labor and Social Insurance approved 380 labor contracts for asylum seekers and 34 contract renewals. The Ministry of Labor reported it had approved all submitted contracts.

Access to Basic Services: Since 2016 the living conditions of asylum seekers have deteriorated as the numbers of applicants increased. The only permanent reception center for asylum seekers, located in Kofinou, was completely full, and the majority of asylum seekers lacked proper housing.

In April UNHCR noted a high number of asylum seekers facing homelessness and destitution. It reported a number of homeless men, women, and families with young children from Syria, Cameroon, Somalia, and Iraq were either sleeping in outdoor parks or temporarily staying with friends, relatives, or strangers, often sleeping on floors and unable to access hygiene facilities. NGOs attributed what they described as unsanitary living conditions to Ministry of Interior mismanagement of the Kofinou reception center.

Asylum seekers who refused an available job could be denied state benefits. To obtain welfare benefits, asylum seekers also needed a valid address, which was not possible for homeless applicants. UNHCR, NGOs, and asylum seekers reported delays and inconsistencies in the delivery of benefits to eligible asylum seekers.

The ombudsman and NGOs reported the system of providing welfare support to asylum seekers via coupons did not take into account or appropriately accommodate the special needs of vulnerable groups among them. The coupons could be redeemed only in specific shops that may lack some supplies, were usually more expensive than other grocery stores, and were often inconveniently located. An NGO reported the procedure to enable access of asylum seekers to state medical care was cumbersome and time consuming.

A UNHCR report released in May noted considerable limitations in reception conditions, insufficient and delayed financial support and social welfare assistance, and constraints in access to psychosocial support services. It noted the voucher scheme was insufficient to cover recipients’ basic needs and provided fewer benefits to asylum seekers than support packages for recognized refugees and Cypriot citizens. The report highlighted that once asylum seekers secured employment, authorities terminated the provision of welfare assistance without determining whether the remuneration was sufficient to cover the basic and special needs of the applicants and their family members.

Temporary Protection: The government also provided temporary protection, called subsidiary protection, to individuals who may not qualify as refugees. Authorities granted subsidiary protection to 755 persons in the first eight months of the year.

The government provides subsidiary protection status for citizens or residents of Syria who entered the country legally or illegally. All persons seeking such status were required to provide a Syrian passport or other identification.

Cyprus – the Area Administered by Turkish Cypriots

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The “law” provides for freedom of movement within the area administered by the Turkish Cypriot “authorities,” foreign travel, emigration, and repatriation. Authorities generally respected these rights. An intermediary NGO handled cooperation between the office of the UN High Commissioner for Refugees) (UNHCR) and Turkish Cypriot authorities. Because no “law” exists regarding the handling of asylum applications, UNHCR representatives in the Republic of Cyprus assessed asylum claims by applicants in the area administered by Turkish Cypriot authorities.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported that, with few exceptions, asylum seekers generally were treated as illegal migrants because an official framework for asylum does not exist. Most were either denied entry or deported, irrespective of the risk of refoulement.

In-country Movement: Authorities required Greek Cypriots and Turkish Cypriots to show identification cards when crossing the “Green Line.”

Foreign Travel: Only Turkey recognizes travel documents issued by the “TRNC.” Some Turkish Cypriots used Turkish travel documents, but many obtained travel documents issued by the Republic of Cyprus. Turkish Cypriots born after 1974 to parents who, prior to 1974, were both Republic of Cyprus citizens, obtained passports relatively easily, compared to Turkish Cypriots born after 1974 to only one Cypriot parent.

INTERNALLY DISPLACED PERSONS (IDPS)

Turkish Cypriots considered those displaced as a result of the island’s 1974 division to be refugees, although they fell under the UN definition of IDPs. At the time of the division, the number of IDPs was approximately 60,000 in the north.

PROTECTION OF REFUGEES

Refoulement: Authorities did not provide protection against the expulsion or return of refugees to countries where their lives or freedom could be threatened. According to NGOs, authorities at “ports” often denied entry to asylum seekers.

Human rights associations continued to work with authorities, including UNHCR, to provide protection for asylum seekers from refoulement, at times without success. With the involvement of these organizations, several asylum seekers gained access to asylum procedures in Turkey or in the government-controlled area.

Access to Asylum: There is no “law” or system in place for dealing with asylum seekers or the protection of refugees. Turkish Cypriot authorities generally cooperated with UNHCR’s NGO implementing partner, SOS Children’s Village.

There were reports Turkish Cypriot authorities deported numerous asylum seekers during the year before UNHCR’s implementing partner could interview them to obtain information necessary for assessing their asylum claims. Some potential asylum seekers who attempted to enter the area administered by Turkish Cypriot authorities illegally were arrested, taken to “court,” and deported after serving their prison sentences.

Freedom of Movement: Asylum seekers could not travel abroad because they would be unable to return due to their lack of “legal” status.

Employment: According to immigration “law,” employers need official permission from the “Department of Labor” to register foreign workers. Authorities prohibited entry or deported irregular migrants without work permits. Persons holding a UNHCR certificate receive the same access to the labor market as third country nationals.

A “regulation” provides that any employer of illegal workers may be fined 2,620 Turkish lira ($500) or face closure of their business for two months. As of September, the “Labor Authority” had inspected 973 workplaces, and identified 1,254 illegal workers. Authorities fined employers 639,000 Turkish lira ($122,000).

Access to Basic Services: Persons holding a UNHCR certificate could access basic services, including primary health care and education, but persons of concern to UNHCR lacked access to residence permits or welfare assistance, which rendered them at risk of exploitation and put vulnerable individuals at risk of destitution.

Czech Republic

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Acts of physical intimidation and, vandalism, remained a serious concern. NGOs focusing on migration issues reported an increase in telephone and email threats, including death threats (see section 6, Other Societal Violence and Discrimination).

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum, and the government has an established system for providing protection to refugees and other specifically endangered foreigners.

According to Ministry of Interior statistics for the first eight months of the year, the average length of asylum procedures was 67 days. The length of asylum procedures in 92.6 percent of all cases met the requirements of the Law on Asylum. In the remaining cases, applicants for asylum received information about the new deadline for completing the asylum procedure in compliance with the law. Under the law, the Ministry of Interior should decide on asylum cases within six months of the date of the asylum application if the applicant has submitted all required documents.

Safe Country of Origin/Transit: The country generally adheres to the Dublin III Regulation, which calls for authorities to return asylum seekers to the first EU country they entered. The Ministry of Interior accepted asylum applications from persons arriving from or through countries deemed to be safe, as defined by law. Authorities usually did not grant international protection to these applicants but reviewed all cases individually.

Freedom of Movement: As a result of the implementation of a voluntary returns system, the length of detention of illegal migrants and rejected asylum seekers in detention was shortened. Under the law migrants facing deportation or waiting for voluntary repatriation because of ordered deportation can be detained for a maximum of 180 days. If there were children accompanying the adults, the deportation procedure could last no more than 90 days with no possibility of further extension. Vulnerable persons, including families, cannot be detained if they apply for international protection.

According to a Ministry of Interior report in September, there were approximately 70 migrants detained in facilities in the country. According to the report, during the year there were five persons in a detention facility specifically designed for vulnerable groups of persons, single women without children, and families with children. The Interior Ministry reported there were no displaced children in the country during the year.

Durable Solutions: A national resettlement and integration program managed by the government in close cooperation with UNHCR continued. Under the State Integration Plan, beneficiaries of international protection are entitled to temporary accommodation, social services, Czech language training, and assistance with finding employment and permanent housing. Children are entitled to school education.

The government agreed to resettle 400 refugees from the Middle East, including Turkey, based on voluntary EU quotas. In June 2017 the government decided, however, to suspend this resettlement program, citing security concerns.

The Ministry of Interior effectively used the system of voluntary returns. In January 2017, faced with increasing numbers of foreigners in difficult economic situations willing to return home, the ministry started its own program of assisted voluntary returns from the Czech Republic to the countries of origin in addition to the voluntary return program managed by the International Organization for Migration. In 2017 the ministry assisted approximately 400 persons to return to their country of origin. In the first seven months of the year, approximately 225 persons were voluntarily returned to their countries of origin.

Temporary Protection: The government also provided temporary protection (called “subsidiary protection” in the EU) to individuals who may not qualify as refugees. As of September 1, subsidiary protection was granted to 90 persons. Under EU guidelines individuals granted subsidiary protection are eligible for temporary residence permits, travel documents, access to employment, equal access to health care and housing, and school education for children.

STATELESS PERSONS

According to UNHCR statistics, there were approximately 1,500 stateless persons in the country at the end of 2017. The Ministry of Interior reported 12 stateless persons who applied for international protection during the year. The country did not grant refugee status to stateless persons but provided subsidiary protection in six cases by September. Under certain circumstances stateless persons can obtain citizenship.

Democratic Republic of the Congo

Section 2. Respect for Civil Liberties, Including:

Denmark

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government did not participate with the Office of the UN High Commissioner for Refugees in its program to resettle refugees. In 2017 parliament determined that the Minister of Immigration and Integration has the authority to determine how many refugees the country will accept.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Safe Country of Origin/Transit: The country employs the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who attempt to enter the country through a “safe country of transit” or are registered in another Dublin regulation state.

Temporary Protection: Through the end of May, the government provided temporary protection to 151 persons who may not qualify as refugees. The figure was 789 persons for all of 2017.

Djibouti

Section 2. Respect for Civil Liberties, Including:

Dominica

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for asylum or refugee status. The government has not established a system for determining when to grant asylum or for providing protection to refugees in general.

Dominican Republic

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions. The government cooperated in a limited manner with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Civil society organization representatives said deportations of Haitian migrants and Dominicans of Haitian descent continued. They said some deportations were arbitrary and consisted of taking persons across the border without any record of doing so. IOM border monitoring found that some of those deported were unaccompanied children. In October 2017 the Center for Migration Observation and Social Development in the Caribbean reported concern regarding the lack of information on accountability mechanisms stipulating that migration officials and other members of state security adhere to legal provisions for due process and other rights of migrants during deportations. The center reported that abuses appeared to be greater when the deportations were carried out by military personnel than by officials of the General Directorate of Migration. In addition to deportation, undocumented Haitian victims faced increased vulnerability to trafficking.

The IOM reported cases of individuals deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences as well as deportations of women who left children behind in their residences.

A 2017 National Statistics Office and UN Population Fund study estimated the total Haitian population in the country at 750,150, of whom 497,800 were identified as Haitian immigrants and 252,350 were categorized as persons of Haitian descent. The exact number of undocumented persons was unclear.

The 2014 National Regularization Plan enabled undocumented migrants in the country to apply for temporary legal residency. In July 2016 the government extended the expiration date of the temporary resident cards issued under the plan, marking the third time the government had done so. The plan granted temporary residency status to more than 260,000 irregular migrants (98 percent Haitian).

UN officials accompanied immigration authorities during interception procedures conducted in different provinces. According to the United Nations, deportation procedures were generally orderly, legal, and individualized, in compliance with applicable international human rights standards, although there were reports of arbitrary detentions and deportations of Haitian migrants and their descendants, as well as persons perceived as such.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status. While the government has established a system for providing protection to refugees, it has not effectively implemented it. A 1983 decree created the National Office of Refugees in the Migration Directorate of the National Commission for Refugees (CONARE). CONARE is an interministerial body, composed of the Foreign Ministry, National Department of Investigations, and General Directorate of Migration, that adjudicates asylum claims.

A 2013 CONARE resolution requires individuals to apply for asylum within 15 days of arrival in the country. Under this resolution, if an asylum seeker is in the country for more than 15 days and does not apply for asylum, the individual permanently loses the right to apply for asylum. The resolution also rejects any asylum application from an individual who was in, or proceeds from, a foreign country where the individual could have sought asylum. Thus, the government makes inadmissibility determinations administratively before an asylum interview or evaluation by CONARE.

According to refugee NGOs, there was no information posted at ports of entry to provide notice of the right to seek asylum or of the timeline or process for doing so. Furthermore, the NGOs reported that immigration officials did not know how to handle asylum cases. UNHCR protection officers were occasionally and unpredictably granted access to detained asylum seekers. CONARE policies do not provide for protection screening in the deportation process. By law the government must afford due process to detained asylum seekers, and those expressing a fear of return to their country of nationality or habitual residence should be allowed to apply for asylum under the proper procedures. Nonetheless, there was generally neither judicial review of deportation orders nor any third-party review to provide for protection screening.

UN officials said a lack of due process resulted in arbitrary and indefinite detention of persons of concern with no administrative or judicial review and a 96 percent rejection rate of asylum applications submitted to CONARE since 2013. As a result, asylum seekers and refugees in the country were at risk of refoulement and prolonged detention.

According to UNHCR, as of June the country hosted 865 asylum seekers and 583 refugees, of whom only 11 were recognized by CONARE. Of the more than 300 asylum-seeker cases between 2012 and 2016 that received a final decision, the government rejected 99 percent with the vague justification of “failure of proof.” NGOs concluded this alone was evidence of systemic discrimination, as 99 percent of asylum seekers were also of Haitian origin.

High costs and tedious renewal procedures made it unsustainable for refugees to stay in the country with valid migratory documents.

The border police and immigration officials were not adequately trained for gender-sensitivity and nondiscriminatory practices when dealing with female asylum seekers and refugees, according to UNHCR. The country failed to implement a gender-sensitive identification system for female asylum seekers and refugees that was not based on prejudices and stereotyped notions of women, including victims of trafficking or sexual exploitation.

CONARE did not provide rejected asylum seekers details of the grounds for the rejection of their initial application for asylum or information regarding the process for appeal. Rejected applicants received a letter informing them that they had 30 days to leave the country voluntarily. Per government policy, rejected asylum seekers have seven days from receipt of notice of denial to file an appeal; however, the letter providing notice of denial did not mention this right to appeal.

During the year government authorities involved in screening at points of entry and at detention centers, including immigration officers, members of the armed forces, judicial authorities, and police officers, participated in UNHCR-sponsored training designed to ensure that asylum procedures are fair, efficient, and gender sensitive.

Freedom of Movement: The government issued travel documents to approved refugees for a fee of 3,150 pesos ($63). Refugees commented that the travel document listed their nationality as “refugee” and not their country of origin. Asylum seekers with pending cases had only a letter to present to avoid deportation, which deterred freedom of movement.

Refugees recognized by CONARE underwent annual re-evaluation of their need for international protection, a procedure counter to international standards, and were issued one-year temporary residence permits that could not be converted to a permanent residence permit. Some refugees recognized by CONARE were also issued travel documents that were not accepted in visa application processes, or they were not issued travel documents at all.

Although the constitution prohibits administrative detention and the law establishes that asylum seekers should not be detained under any circumstance, UNHCR officials reported that the lack of access and monitoring of detention centers resulted in the frequent, arbitrary, and indefinite detention of persons in need of international protection.

Employment: The government prohibited asylum seekers with pending cases from working. This situation was further complicated by the long, sometimes indefinite, waiting periods for pending cases to be resolved. Lack of documentation also precluded refugees from certain employment. Employment was nonetheless a requirement for the government to renew refugees’ temporary residency cards.

Access to Basic Services: Approved refugees receive the same rights and responsibilities as legal migrants with temporary residence permits. This provided refugees the right to access education, employment, health care, and other social services. Nonetheless, UNHCR reported that problems remained. Only those refugees able to afford health insurance were able to access adequate health care. Refugees reported their government-issued identification numbers were not recognized, and thus they could not access other services, such as opening a bank account or entering service contracts for basic utilities, and instead had to rely on friends or family for such services. Refugees who did not receive migratory permits lived on the margins of the migratory system. Foreigners often were asked to present legal migratory documents to obtain legal assistance or access the judicial system; therefore, many refugees and asylum seekers were unable to find legal remedies for predicaments they faced under criminal, labor, family, or civil law.

STATELESS PERSONS

Prior to 2010 the constitution bestowed citizenship upon anyone born in the country except children born to diplomats and children born to parents who are “in transit.” The 2010 constitution added an additional exception for children born in the country to parents without migratory status. In 2013 the Constitutional Tribunal ruled that undocumented migrants were considered “in transit” for purposes of citizenship transmission, and thus all children born to undocumented migrant parents were not Dominican citizens. The ruling retroactively revised the country’s citizenship transmission laws and stripped citizenship from approximately 135,000 persons, mostly the children of undocumented Haitian migrants, who had been conferred citizenship by virtue of jus soli since 1929.

Until 2012 the Haitian constitution did not permit dual citizenship. Therefore, individuals of Haitian descent who obtained Dominican citizenship at birth by virtue of birth on Dominican soil forfeited their right to Haitian citizenship. The 2013 Constitutional Tribunal ruling therefore stripped nearly all of those affected of the only citizenship they held. The Inter-American Commission on Human Rights (IACHR), UNHCR, and Caribbean Community criticized the 2013 tribunal judgment. The IACHR found that the 2013 ruling implied an arbitrary deprivation of citizenship and that it had a discriminatory effect, stripped citizenship retroactively, and led to statelessness for individuals not considered citizens.

In 2014 President Medina signed and promulgated a law to regularize and (re)issue identity documents to individuals born in the country between June 16, 1929, and April 18, 2007, to undocumented migrant parents, who were previously registered in the civil registry (Group A), recognizing them as Dominican citizens from birth. Based on an audit of the national civil registry archives, that population was estimated to total 60,000. By the end of 2017, according to the civil registry, 20,872 Group A persons had been issued birth certificates or national identity cards.

The 2014 law also creates a special path to citizenship for persons born to undocumented migrant parents who never registered in the civil registry, including an estimated 45,000-75,000 undocumented persons, predominantly of Haitian descent (Group B). Group B individuals were able to apply for legal residency under this law and apply for naturalized citizenship after two years. The law granted Group B individuals 180 days to apply for legal residency, an application window that closed on January 31, 2015. A total of 8,755 Group B individuals successfully applied before that deadline. NGOs and foreign governments expressed concern for the potentially large number of Group B persons who did not apply before the deadline. The government committed to resolve any unregistered Group B cases but did not identify the legal framework under which that commitment would be fulfilled. The government also committed not to deport anyone born in the country.

In 2015 the civil registry (known as the Central Electoral Board or JCE) announced it had transferred the civil records of the 54,307 individuals identified in Group A to a separate civil registry book and annulled their original civil registrations. The JCE invited those on the list to report to JCE offices and receive a reissued birth certificate. In 2015 civil society groups reported that many Group A individuals experienced difficulties obtaining reissued birth certificates at JCE offices. NGOs documented cases of individuals they determined qualified as Group A but were not included in the JCE’s audit results list. In response to complaints, the government created channels for reporting missing cases, delays, or failures to issue Group A nationality documents in JCE satellite offices, including a telephone line and social media accounts. NGOs reported the measures led to improved document issuance rates for Group A.

UN officials and NGOs said the law on nationality had a disproportionate and negative impact on women and their children. They reported that mothers, especially unmarried mothers of Haitian origin, were unable to register their children on an equal basis as the fathers. The law requires a different birth certificate for foreign women who do not have documentation of legal residency. This led to discrimination in the ability of children born to foreign women with Dominican citizen fathers to obtain Dominican nationality, especially if they were of Haitian descent. This was not true in the reverse situation when children were born to a Dominican citizen mother with a foreign-born father.

Dominican-born persons of Haitian descent without citizenship or identity documents faced obstacles traveling both within and outside the country. In addition, undocumented persons may not obtain national identification cards or voting cards. Persons who did not have a national identification card or birth certificate had limited access to electoral participation, formal-sector jobs, public education, marriage and birth registration, formal financial services such as banks and loans, courts and judicial procedures, and ownership of land or property.

Between 2015 and September 2018, officials from the IOM identified 20 Group A or B beneficiaries who were deported by government authorities. UNHCR reported during the year that it was able to prevent the deportation of 12 Group A or B beneficiaries by coordinating with the General Directorate of Migration.

In March the IACHR removed the country from a black list reserved for countries with the most egregious violations of human rights, where it had been placed in 2017 because of its treatment of Dominicans of Haitian descent. The removal was due to the government agreement to create a working group with civil society participation that would address 12 issues the IACHR identified as priorities, such as the impact of the 2013 Constitutional Tribunal decision that disproportionately deprived black, ethnically Haitian Dominicans of citizenship based on their race and national origin.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future