THE RISK OF STATELESSNESS 86 YALE HUMAN RIGHTS & DEVELOPMENT L.J. 2017 [Vol. 19 such that the only relevant rule is that provided by the 1987 Constitution. Alternatively, the constitution in effect at the time of an individual’s birth could govern that individual’s claim to Haitian nationality.259 Notably, the constitutions themselves are not clear on the question of how they relate to one another, and public guidance is scarce. Regardless, demonstrating eligibility under the relevant legal framework likely requires both a legal showing as well as evidence of the parents’ nationality. This is particularly important if the date of one’s birth determines which constitutional framework for jus sanguinis nationality acquisition applies, because it matters at different points which parent had Haitian nationality. Such uncertainty makes it difficult to determine which children of Haitian migrants might be nationals “under the operation of [Haitian] law,” and therefore complicates a determination of statelessness. Moreover, this uncertainty is compounded by challenges related to the capacity of Haitian officials and institutions to effectively interpret and apply these laws. Indeed, the next step in determining whether a person is “considered” a national is to conduct a “careful analysis of how a state applies its nationality laws.”260 Accordingly, a statelessness determination requires not only reading laws and considering how they operate, but also understanding how the laws are applied in practice.261 UNHCR guidance acknowledges that competent authorities are often charged with assessing evidence and making a determination of whether to grant an individual automatic nationality.262 Such competent authorities may interpret certain evidence as insufficient, regardless of an apparent automatic right to nationality under the law. UNHCR guidance suggests that, in such cases, the conclusion of the competent authority, rather than the black letter law itself, should be considered determinative on the question of whether a person is “considered as a national” of the state.263 To the extent that Haitian officials are called upon to “consider” the claims to nationality of persons born in the Dominican Republic, there is evidence that limitations in the capacity of public institutions may also contribute to a risk of statelessness. Official recognition of Haitian nationals born abroad suffers from challenges related to Haiti’s institutional fragility, especially after the 2010 earthquake.264 A foreign birth must be documented 259. This was assumed by the Inter-American Court in its “risk of statelessness” analysis in Expelled Dominicans and Haitians where it applied different constitutional regimes in analyzing Victor Jean’s case and those of his children. See Case of Expelled Dominicans and Haitians v. Dominican Republic, Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 282, ¶ 297 (Aug. 28, 2014). 260. UNHCR Handbook on Protection of Stateless Persons, supra note 243, ¶ 23. 261. Id. ¶ 24. 262. Id. ¶ 36. 263. Id. ¶ 37. 264. Catherine A. Tobin, No Child is an Island: The Predicament of Statelessness for Children in the Caribbean, 1 DEPAUL INT’L HUM. RTS. L.J. 1, 6 n. 32 (2015); UNHCR, Div. of Int’l Prot, Human Rights Liaison Unit, Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report Universal Periodic Review: Haiti, at 3 & n.3 (Mar. 2011) [hereinafter 2011 UNHCR Submission Electronic copy available at: https://ssrn.com/abstract=3111529