during the same period that were never registered in the civil registry – they can register in a book of
foreigners, obtain immigration status for a period of two years and then apply for naturalization.26.
Below, we present the main persistent challenges related to the poor implementation of this
regulation.
IV.
Update on the violation and non-application of Law 169-14 and its
consequences
9. More than 9 years after the adoption of Law 169-14, thousands of denationalized people continue to
be stateless. In addition to the inherent deficiencies in the law,27 important challenges persist to its
full implementation. The State lacks political will to resolve the situation of stateless people.28 Despite
the recommendations issued to the Dominican Republic in the last two UPR cycles, the majority of
people affected by the ruling, that is, at least 130,000 people,29 are left in a situation of statelessness
without access to simple, fast and effective legal means to reestablish and enjoy their Dominican
citizenship. There is also a lack of measurement of the impact of this regulation, as well as clear public
data on the number of people who have not yet been able to recover their nationality.30 After some
time, new profiles of stateless people are also generated, particularly the descendants of
denationalized people.31
10. From “Group A”, approximately 34,00032 or 35,00033 people – more than 56% of the total population
– have not yet received identity documents. Furthermore, their documents were transcribed in a book
other than the official record, exposing them to discriminatory treatment and nullity actions due to
duplication of records.34 The main challenges in obtaining these documents include the need to go to
the Central Electoral Board (JCE) several times, the lack of guidance on the regularisation process,
discretionary and discriminatory acts by JCE officials35 and the fear that the process will be used for
deportation purposes.36
11. On the other hand, of the 7,159 people who registered in “Group B” whose files had been approved,
only 1,835 exhausted the procedures and were able to submit an application for naturalization.37 Only
799 benefited from presidential decrees of naturalization38, which have not been fully fulfilled due to
a lack of cooperation from state institutions. In particular, the vice Minister of the Ministry of the
26
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; Citizen participation. Preliminary report of the investigation
on the implementation of Law No. 169-14. October 13, 2022. P. 6.
27
For example, the one that requires people from “Group B”, born in the country, to register as “foreigners” in order to access
naturalization.
28
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 395.
29
Citizen participation. Preliminary report of the investigation on the implementation of Law No. 169-14. October 13, 2022.
30
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 366, 367, 370.
31
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 395.
32
US Department of State Annual Report on Human Rights Dominican Republic. 2022. P. 18; Ad-hoc coalition of civil society
organizations. Joint Report to the Committee on the Rights of the Child on the situation of children and adolescents in the Dominican
Republic, with emphasis on the rights to nationality, equality, non-discrimination, and access to education and health. 2023. P. 9.
33
IACHR. Annual Report 2022. Chapter IV.a. Development of human rights in the region. OAS/Ser. L/V/II. Doc. 50 rev.1. April 1,
2023. Para. 675; OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 376.
34
Citizen participation. Preliminary report of the investigation on the implementation of Law No. 169-14. October 13, 2022. P. 22
35
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 385.
36
Citizen participation. Preliminary report of the investigation on the implementation of Law No. 169-14. October 13, 2022. P. 26.
37
OBMICA. Status of Migrations Concerning the Dominican Republic. 2021. P. 373; Citizen participation. Preliminary report of the
investigation on the implementation of Law No. 169-14. October 13, 2022. P. 38.
38
Decree 262-2020 adopted by former President Danilo Medina in July 2020 in favour of 749 people and Decree 297-21 adopted by
President Luis Abinader Corono on April 31, 2021 in favour of 50 people. Citizen participation. Preliminary report of the investigation
on the implementation of Law No. 169-14. October 13, 2022. P. 38.
4