Fighting Imagined Invasions with Administrative Violence nationality as well. Those were the first generations of Dominican citizens of Haitian origin. 100 During this time, citizenship policies were derived from the Constitution of the Dominican Republic 1924, which was applicable until 1934 and provided nationality to individuals born from Dominican parents and those born from foreigner parents in the territory, among others. 101 In addition, Law No 1683 of 16 April 1948 Relating to Naturalisation, which is currently in force, allows foreigners to naturalise with the fulfilment of requirements of residence or marriage, implying the possession of documents to certify them. 102 C Administrative Violence The fall in sugar prices from the middle of the 1980s led to an increase in the arrival of unauthorised migrant workers in the Dominican Republic looking for other sources of labour. 103 This created fears of a ‘peaceful invasion’ of Haitians. 104 Starting in the 1990s, a nationalist movement promoted a restrictive interpretation of the term ‘in transit’, leading to the denial of birth registration of children born of undocumented Haitian migrants. Birth registration was often refused on a discriminatory basis (ie through administrative violence). 105 In 2004, with the General Law on Migration No 285-04, access to nationality was limited because undocumented immigrants, notwithstanding how long they had lived in the country, were considered as non-residents (‘in transit’). 106 Three years later, in 2007, the Central Electoral Board started issuing administrative resolutions to cancel and suspend identity cards and birth certificates issued to children before the 2004 law. 107 It applied such criteria retroactively, depriving many ethnic Haitians of their nationality and who continue to lack a nationality until present. In 2005, a landmark judgment of the Inter American Court on Human Rights (‘IACtHR’) brought forward by civil society organisations led by the Movimiento de Mujeres Dominico-Haitianas (‘Dominico-Haitian Women’s Movement’) (‘MUDHA’) rejected such discriminatory practices. 108 In Yean y Bosico v República Dominicana (‘Yean y Bosico’), the Court concluded that the discriminatory application of Dominican laws concerning access to civil documents and nationality violated the right to a nationality and equality, 109 leaving open the space for civil society to continue to contest the issues on the 100 Open Society Foundations, Dominicans of Haitian Descent and the Compromised Right to 101 102 103 104 105 106 107 108 109 Nationality: Report presented to the Inter-American Commission on Human Rights on the Occasion of its 140th Session (Report, Open Society Institute 5 October 2010) <https://www.justiceinitiative.org/publications/dominicans-haitian-descent-andcompromised-right-nationality> (‘Compromised Right to Nationality Report’). Constitution of the Dominican Republic 1924 art 8. Law No 1683 of 16 April 1948 Relating to Naturalisation (Dominican Republic) s 1. Perez (n 11) 118, 137. ibid. Compromised Right to Nationality Report (n 100). General Law on Migration No 285-04 (2004) (Dominican Republic) art 36(4) (‘Migration Law No 285-04’). María Paz Bermejo Pérez, ‘Políticas De Inmigración Y Ciudadanía Y El Estado Dominicano: Un Desafío De Gobernanza Democrática’ (Universidad Complutense 2018) 25 Caso las Niñas Yean y Bosico v República Dominicana (Judgment) (Inter-American Court of Human Rights, series C No 130, 8 September 2005). ibid. 209