THE RISK OF STATELESSNESS
64
YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017
[Vol. 19
decades.98 Notably, Dominican Independence Day celebrates independence
from Haiti.99
The history of the right to Dominican nationality at birth reflects the
history of the island itself. In 1844, when the Dominican Republic became
independent from Haiti, it promulgated a protectionist Constitution that
gave birthright citizenship only to children born to Dominicans.100 In 1858,
the Dominican Republic changed course and incorporated a broad rule of
birthright nationality in a manner consistent with most other countries in
the Americas, guaranteeing Dominican nationality to all persons born in
the national territory.101 In the decades that followed, there were slight
adjustments to this absolute rule of birthright nationality.102
In 1929, a new formulation was included in the Constitution that would
provide the rule of birthright nationality in the Dominican Republic for
more than 80 years.103 This provision pronounced that Dominican
nationality would be granted to anyone born in the nation’s territory, with
the exception of those people born to foreigners in diplomatic service or “in
transit.”104 Surprisingly, no clear definition of “in transit” was provided at
the time, and no legislation directly addressed this constitutional language
for 75 years.105
This is surprising in part because Haitian migration towards the
Dominican Republic flowed nearly unencumbered through a clearly
demarcated though porous border throughout the Twentieth Century.106
This migration took place to supply labor in the agricultural, construction,
and domestic service sectors, and led to notable contributions by Haitians
to socio-cultural life in the Dominican Republic.107 Hundreds of thousands
of Haitian migrants made the Dominican Republic their home108 and their
children were considered Dominican under the prevailing interpretation of
the Dominican Constitution.109
Discrimination and state-authored violence towards the Haitian
98. See SAIS Int’l Human Rights Clinic, Torn at the Seam: Migration, Deportations, and
Humanitarian Concerns on the Island of Hispaniola, JOHNS HOPKINS UNIV. SCH. OF ADV. INT’L
STUD. (SAIS), 14-20 (2016), https://www.sais-jhu.edu/sites/default/files/torn-at-theseam_sais-ilaw-hrc-2016.pdf [https://perma.cc/XE85-5ZEX].
99. Id. at 14.
100. PRIMERA CONSTITUCIÓN DOMINICANA [FIRST DOMINICAN CONSTITUTION], Nov. 6,
1844, art. 7 (Dom. Rep.).
101. TCRD, 25 septiembre 2013, Sentencia TC/0168/13, pp. 49-50.
102. Id. pp. 50-51.
103. Id. pp. 49-52.
104. REVISIÓN DE 20 DE JUNIO DE 1929 DE LA CONSTITUCIÓN DE LA REPUBLICA DOMINICANA
[JUNE 20, 1929 REVISION TO THE CONSTITUTION OF THE DOMINICAN REPUBLIC], June 20, 1929, art.
8(2).
105. See infra note 117 and accompanying text.
106. See Hannam, supra note 12, at 1133.
107. See id.
108. 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, ¶ 157
(Aug. 28, 2014).
109. See id. ¶¶ 289-91, 295 (explaining changes in interpretation of the Constitution and the
view prevailing until at least 2004).
Electronic copy available at: https://ssrn.com/abstract=3111529
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