132 | Report on the Situation of Human Rights in the Dominican Republic
all those who were not considered nationals of any other State, pursuant to its
legislation.
327. In the Commission’s view, the Constitutional Court’s interpretation of the term
“foreigners in transit” and the retroactive effect the Court gave that interpretation
have led to an unreasonable, discriminatory and disproportionate result by
considering as “foreigners in transit” Haitian immigrants who have lived in the
Dominican Republic for 30, 40, or 50 years and who, for that reason, have developed
personal, family, and social ties with the Dominican State. 314
328. The situation of vulnerability of Dominicans of Haitian descent as a result of the
arbitrary deprivation of their Dominican nationality and their juridical personality
requires the Dominican State to implement all necessary policies and measures to
overcome that situation of vulnerability and to improve the conditions of this
population group, so that its members may be guaranteed their right to
nondiscrimination, respecting and ensuring their rights as recognized in the
American Convention.
329. The process of denationalization of persons born in the Dominican Republic of
Haitian migrant parents in an irregular situation has shown that the actions of
diverse Dominican officials have been aimed at changing and reinterpreting the
scope of the constitutional provision, in effect without interruption since the
Constitution of June 20, 1929, on the acquisition of Dominican nationality through
application of the principle of jus soli, first of all likening foreigners in transit to
migrants in an irregular situation and, since the 2010 Constitution, expressly
including as persons ineligible to acquire Dominican nationality, in addition to the
children of foreigners in transit, the children of migrants in an irregular situation
residing on Dominican soil. Along these lines, the Commission notes that the
criterion established in judgment TC/0168/13, as well as the measures adopted to
implement that judgment, come to constitute a crucial stage in this type of historical
revisionism promoted by the Dominican authorities.
330. The Commission is of the general view that Dominicans of Haitian descent must have
their Dominican nationality fully restored and must be guaranteed the effective
enjoyment of all their human rights, without any form of discrimination, as would be
the case for any Dominican national.
331. In light of the foregoing conclusions, the Inter-American Commission on Human
Rights makes the following recommendations to the Dominican Republic:
1.
314
Adopt, within a reasonable period of time, the necessary measures to nullify
any norm of any kind, whether constitutional, legal, regulatory, or
administrative, as well as any practice, decision, or interpretation, that
establishes or has as a result that the irregular status of foreign parents will
National Coalition for Haitian Rights. Beyond the Bateyes: Haitian Immigrants in the Dominican Republic, 1996,
pp. 23 and 24.
Organization of American States | OAS
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