YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
65
migrant population was common throughout this period,110 and this ethnic
tension influenced immigration and nationality policies. Memos recently
opened to the public from the Dominican National Archive demonstrate
this relationship. For example, a memo from the State Secretary of the
Armed Forces to President Joaquin Balaguer and other members of his
cabinet in 1976 proposed a reform to Dominican laws to address the
problem of Haitian migration.111 The specific proposal was to redefine the
status of Haitian workers who arrived in the Dominican Republic to labor
in the agricultural sector as foreigners “in transit,” thereby creating a legal
barrier to their children becoming Dominican nationals.112 This memo
emphasized that such a change would require “substantial” alterations to
laws governing national identification documents and immigration.113 This
proposed legislative change was never made, but it helps to explain events
that unfolded over the years that followed.
Throughout the 1990s, societal discrimination began to manifest more
regularly in the civil registry, and Haitian migrants who sought to register
their children as Dominican began to encounter problems.114 Legal
challenges became more common, and one appeals court published a
decision in 2003 declaring that the “in transit” exception did not encompass
the children of irregular migrants.115 Nevertheless, stories of the children of
Haitian migrants being denied birth certificates in civil registries became
increasingly widespread, as did the stories of missed educational and other
opportunities that accompanied these denials.116
Then, in 2004, the Dominican legislature passed a new immigration law
in which it explicitly defined categories of “non-resident” migrants as “in
transit” under the Constitution.117 Among these categories of non-residents
110. Perhaps the most troubling manifestation of this sentiment was the massacre of an
estimated 15,000 Haitian migrants in 1937, an effort at ethnic cleansing initiated by the
dictator, President Rafael Trujillo. See Richard Lee Turits, A World Destroyed, A Nation Imposed:
The 1937 Massacre in the Dominican Republic, 82 HISP. AM. HIST. REV. 589, 589-91 (2002).
111. Comunicación 4411 del Secretario de Estado de las Fuerzas Armadas, Mayor General
Juan Rene Beauchamp Javier al Presidente de la República, Joaquín Balaguer [Communication
4411 from the Secretary of State of the Armed Forces, Major General Juan Rene Beauchamp
Javier, to the President of the Republic, Joaquín Balaguer] (Mar. 2, 1976) [hereinafter
Communication 4411] (Dom. Rep.); see also Inter-Am. Comm. H.R., Report on the Situation of
Human Rights in the Dominican Republic, ¶ 113, OEA/Ser.L/V/II, doc. 45/15 (Dec. 31, 2015),
http://www.oas.org/en/iachr/reports/pdfs/DominicanRepublic-2015.pdf
[https://perma.cc/96MB-KJJ4] [hereinafter 2015 IACHR Report on the Dominican Republic]
(discussing the content of Communication 4411).
112. Communication 4411, supra note 111.
113. Id.
114. See Case of Expelled Dominicans and Haitians ¶¶ 163-66.
115. See La Cámara Civil de Corte de Apelación del Distrito Nacional [The Civil Chamber
of the Appeals Court of the National District], 16 octubre 2003, Sentencia No. 453 [Judgment
No. 453] (Dom. Rep); see also Case of the Girls Yean and Bosico v. Dominican Republic,
Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C)
No. 130, ¶ 154 (Sept. 8, 2005) (discussing Judgment No. 453).
116. See The Girls Yean and Bosico ¶¶ 144-47.
117. Ley General de Migración, No. 285-04 [General Migration Law, No. 285-04], art. 36.
(G.O. No. 10291) (Aug. 15, 2004) (Dom. Rep.). Note that this appeared to be the same legal
proposal that had been made in the Balaguer-era memo, but that was never implemented.
Electronic copy available at: https://ssrn.com/abstract=3111529
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