Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 109
their own migratory situation, while in 27 cases they blamed the fact that they had a
foreign surname. Still others attributed their situation to different problems. The
Commission is deeply troubled by the fact that 1,843 of those who visited the
Commission to provide information said that they had been adversely affected by
Constitutional Court judgment TC/0168/13.
255. The information the Commission has compiled over the course of the years, 258
confirmed by the information and testimony received during the 2013 visit, has
exposed widespread practices in which Civil Registry officials either suspended
further issuance or took back birth certificates or identity cards belonging to
Dominicans of Haitian descent. There was no clearly defined procedure involved and
the minimum guarantees of due process were not observed. Having examined this
information, the Commission notes that the officials at the Civil Registry offices have
refused to hand over the documents in question to persons whose surname or
physical appearance made the officials suspect that they were the children of Haitian
parents, even though there were no irregularities at the time their birth was
declared. The children of Haitian parents encounter the same problem: when the
identity cards their parents used to register them were checked, their registrations
were not found.
256. Much of the testimony given before the Commission recounted how the denial or
withholding of documents by officials at the Registry offices and the investigations
conducted by the Central Electoral Board to determine the validity of the documents,
were motivated by discriminatory considerations such as physical appearance,
speech, skin color, language, surnames or the parents’ origin.
I’m 24 years old, from Bayaguana, a small province in the eastern part of
the country. My mother came to this country in 1986, when she was very
young. She had 7 children, and I’m one of them. I’ve lived a normal life
like any Dominican, I went to school until I was 18. That was when my
hardship began. I went to apply for my identity card, and handed over my
birth certificate. They took my application, put my name in the usual
book, like any other Dominican, and told me to return in three months,
which is the rule here, to get the identity card. But what happened? When
I went back three months later, they began making excuses: that they
258
During the IACHR’s visit to the Dominican Republic in 1991, it received testimony from many Dominicans of
Haitian descent and Haitians who told of how they had been summarily expelled. In many of these summary
deportations, families were broken up and property lost. Ten persons who testified stated that although they
had been born in the Dominican Republic and had the identification papers to prove it, they were detained by
immigration agents or military personnel, their documents were taken away or destroyed and they were
subsequently summarily expelled to Haiti, a country they had never been in and where they had no ties or
connections of any kind. Testimonies were taken from another 11 persons, whose immediate deportation had
the effect of separating them from their children and spouses. Generally speaking, the testimony revealed that
the families and children are those most affected by the summary expulsions of Dominican women of Haitian
descent and Haitian women; as a result of these forced separations, parents were involuntarily separated from
their children and the nuclear family was broken up. See, Annual Report of the Inter-American Commission on
Human Rights 1991. Supra note XX, pp. 286-289.
Inter-American Commission on Human Rights | IACHR
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