Fighting Imagined Invasions with Administrative Violence migrants in an irregular migratory situation were not entitled to Dominican nationality, 115 affecting approximately 210,000 individuals. 116 In response to this judgment, the Law No 169-14 attempted to remedy the situation by establishing a ‘Special Regime for Individuals Born in the National Territory and Irregularly Registered in the Dominican Civil Registry and on Naturalisation’. 117 The law created two categories of individuals and a special procedure for them: • • Group A: those listed in the Civil Registry, eligible for recognition as nationals, 118 and Group B: those who were not, who were required to apply for naturalisation through a special procedure. The procedure included numerous obstacles and thousands of individuals are still awaiting naturalisation. 119 In essence, ethnic Haitians whose birth was registered are in Group A and those whose birth was not registered are in Group B. The Central Electoral Board was in charge of regularising or transcribing in the Civil Registry the records of individuals from Group A, thus accrediting them as Dominican nationals, without charging any administrative fee. A provision establishing special rules of procedure for this group did not exist. The law merely determined the expedition of the restoration of documents. Nevertheless, in 2014 the Central Electoral Board made a call to the affected persons to present themselves for interview with regard to their documentation situation, which was not nationally announced. Due to this, the inspectors were given discretion regarding the transcription or annulment of the birth certificates, and the burden of proof was shifted to the particular individuals. 120 Moreover, the situation of persons belonging to Group B was even more complicated. Theoretically, according to art 6 of Law No 169-14, such persons could register in the ‘Book of Foreign Nationals’ provided by the Law as long as they credibly certified the fact of birth. 121 In addition, those individuals belonging to Group B were required to make a registration request within ninety days from the entry into force of the regulation of application of the law, providing one of the documents mentioned by art 11 as 115 Report on the Situation of Human Rights in the Dominican Republic (Country Report) (Inter- American Commission on Human Rights, Series L Doc 45/15, 31 December 2015) 73, 99. 116 Primera Encuesta Nacional de Inmigrantes en la República Dominicana (Report, European Union, United Nations Population Fund and Oficina Nacional de Estadistica 2012) 136. 117 Law No 169-14 Establishing a Special Regime for Individuals Born in the National Territory 118 119 120 121 and Irregularly Registered in the Dominican Civil Registry and on Naturalisation (May 2014) (Dominican Republic) (‘Law No 169-14’). ibid art 1. ibid arts 8–10. See also Report on Citizenship Law (n 94). Wooding (n 82) 111. Decree 250-14 Containing Regulations for Implementation of Law 169-14 (23 July 2014) (Dominican Republic) art 11 establishes the means of proof of the birth in the national territory. These are the accreditation by the hospital where the person was born, where the name of the mother, gender of the child and date of birth should be indicated; the Notary Act of seven Dominican witnesses that indicate the date and place of birth, as well as the name of the child and of the parents; the sworn declaration through a Notary Act from the person who received the child, indicating the date and place of birth and the name of the mother, and the sworn declaration through a notary act of Dominican family members in first or second degree that possess Dominican documentation. 211

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