6. The Dominican Republic is not a party to the Statelessness Conventions.16 However, the State has
ratified a set of instruments that generate obligations to respect and guarantee without
discrimination the rights of Dominican people of Haitian descent. In particular, the right to nationality
is included in the International Covenant on Civil and Political Rights,17 the Convention on the Rights
of the Child,18 the International Convention on the Elimination of All Forms of Racial Discrimination,19
the Convention on the Elimination of All Forms of Discrimination against Women 20 and the American
Convention on Human Rights.21 This right must be protected without discrimination on the basis of
ethnic origin, colour, language, national origin or social status, among others.22 Furthermore, as a
State party to the International Covenant on Economic, Social and Cultural Rights, the State must
ensure access to social services to every person regardless of national origin, colour, race or migratory
context.23
III.
National law
7. In the previous cycle, we presented the situation related to the retroactive denationalization of
approximately 133,770 Dominican people of Haitian descent by the Ruling of the Constitutional Court
TC/0168/13, issued in September 2013, based on the irregular immigration status of their parents at
the time of their birth in the Dominican Republic.24 Although the Constitution adopted in 2010 denies
the descendants of migrants in an irregular situation the right to nationality, it establishes this right
for all people who enjoyed Dominican nationality before its entry into force.25
8. In response to the situation of massive statelessness generated by the Ruling, the State adopted Law
169-14 that establishes two categories of people and different regularisation processes. For
Dominicans in “Group A” – those born in the country between June 16, 1929 and April 18, 2007 who
were registered in the civil registry – the Law provides for a verification, approval and “transcription”
process of their birth certificates. For people in “Group B” – those born in the Dominican Republic
16
States parties to the 1951 Convention relating to the Status of Refugees and the Protocol of 197. Available at:
https://www.acnur.org/fileadmin/Documentos/BDL/2001/0506.pdf.
17
International Covenant on Civil and Political Rights; adopted by the General Assembly of the United Nations Organization on
December 16, 1966. Entered into force on March 23, 1976. Ratified by the Dominican Republic on January 4, 1978. Article 24
(hereinafter, “ICCPR”) .
18
Convention on the Rights of the Child; adopted by the General Assembly of the United Nations Organization on November 20,
1989. Entry into force on September 2, 1990. Ratified by the Dominican Republic on June 11, 1991. Articles 7 and 8 (hereinafter,
“CRC ").
19
International Convention on the Elimination of All Forms of Racial Discrimination; adopted by the General Assembly of the United
Nations Organization on December 21, 1965. Ratified by the Dominican Republic on May 25, 1983. Article 5 (hereinafter, “CERD”).
20
Convention on the Elimination of all Forms of Discrimination against Women; adopted by the General Assembly of the United
Nations Organization on December 18, 1979. Ratified by the Dominican Republic on September 2, 1982. Article 9 (hereinafter,
“CEDAW”).
21
American Convention on Human Rights; adopted by the General Assembly of the Organization of American States on November
22, 1969. Ratified by the Dominican Republic on January 21, 1978. Article 20 (hereinafter, “ACHR”).
22
International Covenant on Civil and Political Rights; adopted by the General Assembly of the United Nations Organization on
December 16, 1966. Entered into force on March 23, 1976. Ratified by the Dominican Republic on January 4, 1978. Article 26;
Convention on the Rights of the Child; adopted by the General Assembly of the United Nations Organization on November 20, 1989.
Entry into force on September 2, 1990. Ratified by the Dominican Republic on June 11, 1991, Article 2.1; ACHR, Ibid. Article 1.
23
International Covenant on Economic, Social and Cultural Rights; adopted by the General Assembly of the United Nations
Organization on December 16, 1966. Entered into force on January 3, 1976. Ratified by the Dominican Republic on January 4, 1978.
Articles 2.2 and 12.1 (hereinafter, “ICESCR ”); Convention on the Elimination of all forms of Discrimination against Women; adopted
by the General Assembly of the United Nations Organization on December 18, 1979. Ratified by the Dominican Republic on
September 2, 1982. Article 12.2.
24
DxD, ISI and CEJIL. Joint Submission to the Human Rights Council at the 32nd Session of the Universal Periodic Review, Third
Cycle, January-February 2019, The Dominican Republic. July 12, 2018.
25
Constitution of the Dominican Republic, proclaimed on January 26. Published in the Official Gazette No. 10561, January 26, 2010,
Articles 18.2. and 18.3.
3