THE RISK OF STATELESSNESS
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YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017
[Vol. 19
American Court decision, there was little question that it was responding to
the regional tribunal in both the form and substance of its analysis. First, it
issued its decision only months after the Inter-American ruling, and after
very public pronouncements of high-level Dominican officials denouncing
the regional tribunal.138 Second, the SCJ followed the framework that the
Inter-American Court had set forth in The Girls Yean and Bosico, analyzing
possible limitations on the interpretation of the nationality provision of the
Dominican Constitution set by state obligations not to discriminate and to
reduce statelessness.139 The SCJ purported to apply the American
Convention on Human Rights and other key human rights instruments,140
and provided a specific analysis of the obligations of the Dominican
Republic under the 1961 Convention on the Reduction of Statelessness.141
This exchange between the Inter-American Court and the SCJ elevated
the issue of statelessness in the debate about nationality in the Dominican
Republic. The political and legal significance of statelessness was made
evident by the reasoning of each court, and each side of the nationality
debate began to view the statelessness question as important to its ability to
prevail. Both national and international actors took this cue and began to
refine their positions as to the statelessness of persons born in the
Dominican Republic to Haitian parents.
Meanwhile, the situation deteriorated in the Dominican Republic. Once
the 2004 law had been sustained as constitutional, the Central Electoral
Board (Junta Central Electoral, “JCE”), which was the entity responsible for
birth registration and national identification documents in the Dominican
Republic, began to apply its nationality framework retroactively.142 In 2007,
an internal memo of the JCE known as “Circular 017” directed civil registry
offices to review birth certificates before issuing copies of identity
documents.143 The JCE then issued “Resolution 12,” which provided that
138. See David C. Baluarte, Inter-American Justice Comes to the Dominican Republic: An Island
Shakes as Human Rights and Sovereignty Clash, 13 HUM. RTS. BRIEF 25, 28 (2006) (discussing
multiple officials’ reactions to the Inter-American Court’s decision in The Girls Yean and Bosico).
139. See supra notes 134-35 and accompanying text.
140. See SCJ, 14 diciembre 2005, B.J. No. 1141, p. 3 (Dom. Rep.) (listing human rights
instruments the SCJ took into account); id. at 5 (listing relevant portions of the Universal
Declaration of Human Rights and the International Covenant on Social, Economic and
Cultural Rights).
141. Id. at 8-9. The Dominican Republic signed the 1961 Convention in 1961. See Status of
the 1961 Convention, supra note 85.
142. See SAIS Int’l Human Rights Clinic, Justice Derailed: The Uncertain Fate of Haitian
Migrants and Dominicans of Haitian Descent in the Dominican Republic, JOHNS HOPKINS UNIV.
SCH.
OF
ADVANCED
INT’L
STUD.
22
(2015),
https://www.saisjhu.edu/sites/default/files/Final-Report-Justice-Derailed-The-Uncertain-Fate-2015-v1.pdf
[https://perma.cc/ZZ6H-HQPT].
143. Junta Central Electoral [JCE] [Central Elections Board], Circular No. 017 del 29 de
marzo de 2007, que consigna el estricto cumplimiento a la Ley No. 659 sobre Actos del Estado
Civil y sus modificaciones al firmar las Actas de Nacimiento o cualquier documento [Circular
No. 017 of Mar. 29, 2007, pronouncing strict compliance with Act No. 659 governing Civil
Status Acts and its amendments when signing Birth Certificates or any document] (Mar. 29,
2007) (Dom. Rep.); see also 2015 IACHR Report on the Dominican Republic, supra note 111, ¶ 166
(discussing the issuance and effects of Circular No. 017); Open Soc’y Justice Initiative,
Electronic copy available at: https://ssrn.com/abstract=3111529
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