I even told her, ‘Look, you’re going to have to bear
with this, but you have to know that you’re even
going to have to subject the children to the Board’s
[JCE] torture.”
Thus, instead of identifying solutions that safeguard the
best interests of the child and protect the human right
to an identity, in line with guidance by the Committees
on the Rights of the Child and Migrant Workers,25 exclusionary practices continue to prevail.
Another novelty that occurred during the pandemic
was the issuance of Decree 262-20 at the end of President Danilo Medina’s term, in July 2020. Decree 26220 authorizes the naturalization of some 749 persons
who registered under Law 169-14 as part of Group B,
mainly children and youth. Almost all the decree beneficiaries were assisted by various social organizations
that work on the issue, including our counterpart in this
study, CEDESO. However, neither the families nor the
beneficiaries have knowledge of when nor how they
will receive the necessary documentation to prove their
status as naturalized persons.
For example, Antoine is a 39-year-old Haitian migrant,
who worked for 21 years in agriculture and who is registered in the PNRE. He is the father of six children born
in the Dominican Republic, three with birth registration
and three without registration. His wife is also from Haiti and has a passport and PNRE sticker. The three unregistered children were born between 2010 and 2012,
after the entry into force of the new Constitution that
restricts jus soli and before the PNRE. Antoine and his
wife were able to register their youngest, who was born
in 2017, when the regularization sticker was valid on
their passports, and thanks to CEDESO’s assistance
they were able to register their children born in 2004
and 2008 for naturalization under Law 169-14. These
latter two children were named as beneficiaries of Decree 262-20. In regard to his current situation, Antoine
commented that:
“I have the certificate there for when they ask for
it. I don’t know if they’ll exchange it to give you the
See joint general comment no. 4 (2017) of the Committee for
the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on
the Rights of the Child on the obligations of States regarding the
human rights of children in the context of international migration
in countries of origin, transit, destination and return, https://digitallibrary.un.org/record/1323015?ln=en
25.
country’s real documents [he is referring to the birth
certificate that the Dominican authorities issue to foreigners]. They told me that they gave it to them and
that one can get the child’s papers, but that they
won’t have the same rights as those children whose
parents have an ID from the Dominican Republic.
But they told me that it is a birth certificate, it’s there
in my house. Now I don’t know what’ll happen later
for them, but the youngest ones still have not been
registered, and those who benefited [from Decree
262-20] I don’t know if they’ll give them another paper, or if they’ll come up with a better one.”
The uncertainty about the implementation procedures
for Decree 262-20 is evident from the Central Electoral Board (JCE, in Spanish) itself. The JCE received
the list of the 749 beneficiaries of the Decree on August 4, 2020, from the then Vice Minister of Migration
Management and Naturalization of the MIP, Mr. Luis
Fernández. At the time of this publication, the JCE had
not received guidelines on the procedure to follow in
these cases, although they anticipate continuing with
the practice of transcription to a special registry. Thus,
the beneficiaries of the decree who have reached the
age of majority would receive a valid foreigner’s identity
card for one year, renew it once, be transcribed into a
special registry, and eventually be granted a Dominican
identity card. Once again, the delivery of the documentation proving their Dominican nationality is
postponed indefinitely in time through these manifestly burdensome processes.
At the end of April 2021, the new President Luis Abinader issued another Presidential Decree, no. 29721, which grants Dominican naturalization to 50 more
people who had applied under the special regime for
Group B of Law 169-14. At the time of writing, civil society organizations accompanying the population were
analyzing which of the people on the decree’s list corresponded to the cases they are handling, and what
the next steps would be.
It is worth recalling that Law 169-14 stipulates that
people who were registered in the so-called Group B
could opt for naturalization after a period of two years.
This means a process should have been in place by
2016. As it stands, seven 7 years have passed and an
administrative procedure has yet to be determined.
In addition, there is continued debate among government actors with contrary positions regarding how to
proceed. On May 20, 2021, the new Vice Minister of
32 Research Brief: COVID-19 Impacts on Haitian Migrants and their Descendants on the Southern Border of the D.R.
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