76 | Report on the Situation of Human Rights in the Dominican Republic 159. Article 18 of the 2010 Constitution, therefore, recognizes the principles of jus soli and jus sanguinis as conferring Dominican nationality automatically. It also provides that nationality can be acquired through naturalization. Under Article 18, certain categories of persons cannot invoke the principle of jus soli as the basis for claiming Dominican nationality; in addition to the sons and daughters of foreign nationals who are members of diplomatic and consular representations, these also include foreign nationals in transit or foreign nationals “residing illegally within Dominican territory.” Thus, the 2010 Constitution added another group to those that did not qualify for Dominican nationality based on jus soli: the sons and daughters of foreign nationals “residing illegally within Dominican territory.” a) Registration of birth and the Identity and Voter Registration Card 160. While Dominican nationality is conferred automatically once the requirements established in the Constitution have been met, the birth certificate issued when a birth is registered serves as proof of the acquisition of Dominican nationality. This proof of nationality is provided by the civil registry state agency, which is now regulated by the Civil Registry Office, a unit within the Central Electoral Board. 167 Article 212 of the Constitution provides that the Civil Registry and the Identity and Voter Registration Card are the competency of the Central Electoral Board, which is thus in charge of issuing birth certificates and identity and voter registration cards. 161. The birth certificate is the legal document proving the person’s name and identity and is therefore necessary to establish one’s identity for purposes of the law, which encompasses nationality and juridical personality. Registration of birth is governed by articles 39, 40, and 41 of Law No. 659 of July 17, 1944, on Civil Status Procedures. It is supplemented by provisions of the Civil Code and of Law 136-03, which is the Code for Protection of the Basic Rights of Children and Adolescents, Law 8-92 of April 13, 1992, Electoral Law No. 275-97 of December 21, 1997 and its amendments, the Dominican Criminal Code, the case law of the Supreme Court and the Constitutional Court, and the Constitution of the Republic. 162. This law provides that, in the case of a late declaration of birth, the Civil Registry officer may, after investigating the veracity of the declaration, decide to register or not register the birth in the corresponding registry. Veracity is established by presenting a number of documents, which are considered requirements in the case of a late declaration of birth and that, under Article 9 of Law 659, 168 must be confirmed by the JCE. 167 168 Since 1992, the Central Electoral Board (JCE) has been the government agency responsible for administration of the Dominican Republic’s vital records system. It has 161 registry offices spread through the entire country and is responsible for issuing birth certificates, identity cards and passports. It is also responsible for conducting all elections for public office. The JCE currently has nine members and their alternates (who get four-year Senate appointments). The JCE is divided into three chambers: (1) the Plenary, (2) the Administrative Chamber, and (3) the Judicial Chamber. Law No. 659 of July 17, 1944, on Civil Status Procedures, provides the following in its Article 9: “Registry officials shall follow the instructions they receive from the Central Electoral Board and from the Central Registry Office and shall be under the immediate and direct supervision of the inspector prosecutors.” Organization of American States | OAS