YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
85
and that rule remained in force at least until the passage of the 1983
Constitution.
Second, from 1983 until 1987, Haitian nationality would only pass jus
sanguinis if both parents were Haitian.255 Notably, from 1984 until at least
1987, the child of a Haitian mother and a foreign father born abroad could
only acquire Haitian nationality at the age of eighteen if the child returned
to Haiti.256 Nevertheless, worth noting is that this slightly more permissive
rule would not necessarily guarantee the right to acquire Haitian
nationality at birth.257
Third, from 1974 until 2010 there was a ban on dual nationality.258
Under this rule, a person who “opted for another nationality” was not
considered Haitian. This raises questions about when a person born in the
Dominican Republic to Haitian parents may have “opted for another
nationality.” Most likely, a person would be considered to have opted for
another nationality in the Dominican Republic if that person had acquired a
Dominican birth certificate or other national identity document from
Dominican authorities. It is also possible that a person born in the
Dominican Republic who attempted to acquire such documents thereby
sought to exercise his or her right to birthright nationality and opted for
another nationality.
Accordingly, there are at least three distinct regimes for jus sanguinis
nationality acquisition throughout the period from 1929-2010, and at least
two scenarios for how these three regimes could operate as a matter of law.
Under one scenario, newer constitutions could trump older constitutions,
Haitian. Id. art. 17.
255. See CONSTITUTION DE 1983 DE DE LA REPUBLIQUE D’HAITI [1983 CONSTITUTION OF THE
REPUBLIC OF HAITI], art. 11. Article 11 states that a Haitian is “1) [a]nyone born in Haiti to [a]
Haitian father or Haitian mother; 2) [a]nyone born in a foreign country to a Haitian father and
a Haitian mother; [and] 3) [a]nyone born in Haiti to a foreign father or, if the father does not
recognize the child, to a foreign mother, as long as he is of the black race, is Haitian.” Id.
(translation on file with author) (emphasis added).
256. See Décret du 6 Novembre 1984 sur la Nationalité Haitienne [Nov. 6, 1984 Decree on
Haitian Nationality], arts. 7 & 8, Le Moniteur No. 78, Nov. 8, 1984 (Haiti).
257. Specifically, Articles 7 and 8 of the 1984 Decree state that a child born abroad to a
foreign father and a Haitian mother will keep the foreign nationality until their age of
majority, at which time the child can return to Haiti and claim Haitian nationality by making a
declaration before the civil court of his residence. Id.
258. See Feb. 27, 1974 Decree on Nationality and Naturalization, supra note 254, art. 17
(stating that Haitian nationality is incompatible with all other nationalities and no one may
hold a double nationality where one of the nationalities is Haitian); see also 1983 CONSTITUTION
OF THE REPUBLIC OF HAITI, Aug. 27, 1983, art. 18 (proclaiming that “[d]ouble nationality can be
recognized by bilateral or multilateral convention but is reserved to Haitians who have never
opted for another nationality”) (translation on file with author); 1987 CONSTITUTION DE LA
REPUBLIQUE D’HAITI [1987 CONSTITUTION OF THE REPUBLIC OF HAITI], Mar. 29, 1987, art. 15. The
2012 amendment to the 1987 Constitution created the current law that applies to all Haitian
people: “Every Haitian is subject to the rights, privileges, and duties attached to Haitian
nationality, except for those privileges reserved to Haitians by origin. No Haitian can uphold a
foreign nationality on Haitian territory.” CONSTITUTION DE LA REPUBLIQUE D’HAITI
[CONSTITUTION OF THE REPUBLIC OF HAITI] June 19, 2012, art. 12 (translation on file with
author), amended by LOI CONSTITUTIONNELLE PORTANT AMENDEMENT DE LA CONSTITUTION DE
1987 [CONSTITUTIONAL LAW ON THE AMENDMENT OF THE 1987 HAITIAN CONSTITUTION].
Electronic copy available at: https://ssrn.com/abstract=3111529
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