Email
|
Print
Overview
After the Haitian earthquake, the Dominican Republic (DR) showed considerable solidarity with the Haitian victims, and relations between the countries improved. However, since March the DR has been deporting Haitians without due process. Improved relations with Haiti have not made the situation better for Dominicans of Haitian descent either. Since 2007, the Dominican authorities have been stripping them of their Dominican nationality, leaving many people functionally stateless.
Current Humanitarian Situation
Up until January 2010 the Dominican constitution stated that all children born on DR territory were DR citizens except for children of people “in transit.” Never applied consistently, in the past few years the government has been totally violating this right to nationality. In 2004 the DR passed a new migration law which redefined "in transit" as not being a legal resident. This contradicts an Inter-American Court of Human Rights decision which confirmed that “in transit” cannot be defined this way.
In 2007, the Dominican government issued Circular 17 and Resolution 12, which authorized the provisional suspension of identity documents issued “irregularly” to children of foreigners “who had not proved their legal status.” In practice, this means people born in the DR and issued birth certificates and identity documents are unable to use them for essential activities requiring proof of citizenship such as obtaining a passport, enrolling in school exams or college, getting married, or registering their child’s birth. In addition, the 2004 Migration Law is being illegally applied retroactively, leaving an increasing number of Dominicans of Haitian descent functionally stateless. Despite the over-simplified claims made by the Dominican government, not all Haitian descendents who live in the DR have access to Haitian nationality. In addition, many Dominicans of Haitian ancestry have no connection to Haiti.
In January 2010 the DR amended the nationality provisions of its constitution. Now, at least one parent must be a legal resident in order for their child born in the DR to automatically acquire citizenship. Yet the children of parents who are legal residents with official documents are still being denied birth registration when civil registry officials decide that their parents “are Haitian.”
Actions Needed
Dominican Republic
Field Reports In-Depth Reports Letters & Testimonies
After the Haitian earthquake, the Dominican Republic (DR) showed considerable solidarity with the Haitian victims, and relations between the countries improved. However, since March the DR has been deporting Haitians without due process. Improved relations with Haiti have not made the situation better for Dominicans of Haitian descent either. Since 2007, the Dominican authorities have been stripping them of their Dominican nationality, leaving many people functionally stateless.
Current Humanitarian Situation
Up until January 2010 the Dominican constitution stated that all children born on DR territory were DR citizens except for children of people “in transit.” Never applied consistently, in the past few years the government has been totally violating this right to nationality. In 2004 the DR passed a new migration law which redefined "in transit" as not being a legal resident. This contradicts an Inter-American Court of Human Rights decision which confirmed that “in transit” cannot be defined this way.
In 2007, the Dominican government issued Circular 17 and Resolution 12, which authorized the provisional suspension of identity documents issued “irregularly” to children of foreigners “who had not proved their legal status.” In practice, this means people born in the DR and issued birth certificates and identity documents are unable to use them for essential activities requiring proof of citizenship such as obtaining a passport, enrolling in school exams or college, getting married, or registering their child’s birth. In addition, the 2004 Migration Law is being illegally applied retroactively, leaving an increasing number of Dominicans of Haitian descent functionally stateless. Despite the over-simplified claims made by the Dominican government, not all Haitian descendents who live in the DR have access to Haitian nationality. In addition, many Dominicans of Haitian ancestry have no connection to Haiti.
In January 2010 the DR amended the nationality provisions of its constitution. Now, at least one parent must be a legal resident in order for their child born in the DR to automatically acquire citizenship. Yet the children of parents who are legal residents with official documents are still being denied birth registration when civil registry officials decide that their parents “are Haitian.”
Actions Needed
- The Dominican government should revoke Circular 17 and Resolution 12.
- The international community, particularly the United States, should hold the Dominican government to its international legal obligations, including compliance with the decisions of the Inter-American Court of Human Rights.
- The Dominican government should implement a regularization program for foreigners who have lived for extended periods in the DR.
Field Reports
-
10/13/2010La solidaridad impresionante de la República Dominicana tras el terremoto de enero en el vecino país de Haití ya ha conducido a mejores relaciones entre ambos países, que deben mantenerse con la celebración de un acuerdo bilateral sobre política migratoria que respete los derechos humanos. El Gobierno de la República Dominicana debería establecer el reglamento, largamente esperado, de la Ley de Migración de 2004 e instituir un proceso transparente de regularización que abra el camino para la legalización de los extranjeros que han vivido en la República Dominicana durante mucho tiempo. A pesar de los avances en las relaciones con Haití, el Gobierno de la República Dominicana continúa privando ilegalmente a los dominicanos de ascendencia haitiana de su nacionalidad, aumentando así la apatridia. Es necesario cambiar esta política.
-
10/13/2010The impressive solidarity demonstrated by the Dominican Republic in the aftermath of the January earthquake in neighboring Haiti already has led to improved relations between the countries. This must be sustained by reaching bilateral agreement on a migration policy which respects human rights. The Dominican Government should pass the long-awaited regulations for the 2004 Migration Law and put in place a transparent regularization process that gives a path to legal status to foreigners who have lived in the DR for long periods. Despite advances in relations with Haiti the Dominican Government continues to illegally strip Dominicans of Haitian descent of their nationality and is thus increasing statelessness. This policy must be changed.
In Depth Reports
-
10/22/2008Statelessness, or the lack of effective nationality, impacts the daily lives of some 11-12 million people around the world. Perhaps those who suffer most are stateless infants, children and youth. Though born and raised in their parents’ country of habitual residence, they lack formal recognition of their existence.
Advocacy Letters
news
from our blog
related issues
Refugees International (RI) advocates for lifesaving assistance and protection for displaced people and promotes solutions to displacement crises.
We are an independent organization, and do not accept any government or UN funding.
We are an independent organization, and do not accept any government or UN funding.