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