YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
63
children.93 This history has fed widespread prejudice, which has in turn
been stoked by xenophobic extremists, and created the conditions necessary
for the disenfranchisement of Dominican-born persons of Haitian descent.94
In this environment, Dominican authorities have elaborated policies,
promulgated laws, and even overseen a Constitutional reform that has
resulted in the systematic denial and deprivation of Dominican nationality
to Dominican-born persons of Haitian descent.95
The following section explores how the Dominican Republic has
implemented measures of nationality discrimination over the last two
decades, and looks at the role of the human right to nationality and
statelessness protection in combating the consolidation of a system of
institutionalized racism. This section will first set out the legal framework
in which the nationality debate has unfolded in the Dominican Republic
and highlight the abuses that have led to the situation of statelessness.
Next, this section will track a debate between the Inter-American Court of
Human Rights and the high courts of the Dominican Republic about the
proper role for the law of statelessness in addressing the situation of
persons denied Dominican nationality.
Finally, this section will present the Inter-American Court’s decision in
Expelled Dominicans and Haitians vs. Dominican Republic, in which the Court
took a novel normative step to protect those who face a “risk of
statelessness” in the Dominican Republic. Specifically, the Court expanded
the well-established rule described in the previous section that a state must
guarantee its nationality to a child born stateless in its territory. The Court
found that the Dominican Republic had an obligation to determine whether
children born in its territory were stateless, and in finding that it had failed
to do so, required it to guarantee Dominican nationality to persons who
faced a risk of statelessness. This discussion frames the critique presented in
the final section of this paper.
A. Nationality Rights and Statelessness in Hispaniola
The history of Dominican and Haitian relations is long and complex.96
An account of the common history of these two conjoined island nations
often begins with the 1822 invasion by Haitian forces of the Dominican
Republic directly after its independence from Spain in 1821.97 The period of
Haitian occupation lasted until 1844, and was followed by persistent
conflicts that left scars that have marked Dominican-Haitian relations for
93. See Edward Paulino, Dominican Republic: Bearing Witness to a Modern Genocide,
BERKELEY REV. LATIN AM. STUD., Spring–Fall 2016, at 51, 55.
94. See Bridget Wooding, Upholding Birthright Citizenship in the Dominican Republic, 44
IBEROAMERICANA – NORDIC J. LATIN AM. CARIBBEAN STUD. 99, 99-101 (2014).
95. See Amnesty Int’l Report on Stateless People in the Dominican Republic, supra note 13, at 1121.
96. See Blake, supra note 3, at 143-48; Hannam, supra note 12, at 1132-36.
97. D.J. Lecce, International Law Regarding Pro-Democratic Intervention: A Study of the
Dominican Republic and Haiti, 45 NAVAL L. REV. 247, 248 (1998).
Electronic copy available at: https://ssrn.com/abstract=3111529
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