86 | Report on the Situation of Human Rights in the Dominican Republic
authorities were ordered not to adopt the measures provided for in articles 121 et
seq of the General Immigration Law, with regard to foreigners in an irregular
migratory situation living within the territory of the Dominican Republic and who
have applied for regularization. 199 In Chapter VI of this report, the Commission will
examine its concerns regarding this Plan’s application to Haitian migrants.
5.
Law 169 of 2014: A special regime for persons born in Dominican
territory irregularly registered in the Dominican civil registry,
and on naturalization
191. To respond to the effects of judgment TC/0168/13, President Danilo Medina
introduced and Congress approved Law No. 169-14, which established a “special
regime for persons born in Dominican territory irregularly registered in the
Dominican civil registry, and on naturalization.” Law No. 169-14 recognized that by
having singled out and criticized the shortcomings in Dominican immigration policy
and the Civil Registry’s institutional and bureaucratic weaknesses, the Constitutional
Court had found that the State itself was responsible for irregularities and problems
in this area, which has been a principal factor contributing to the situation that
persons who received that document from the State are now facing. 200
192. Furthermore, Law No. 169-14 recognized that the State, through its representative
bodies, is called upon to solve the problem facing persons who, although irregularly
registered into the Civil Registry by the State itself, have throughout their lives acted
on the assumption that they have Dominican citizenship and have thus laid down
definite roots within the Dominican society.
193. Under the law, different legal regimes are established for two groups of persons: a) a
special regime for children born within the national territory of nonresident foreign
parents in the period between June 16, 1929 and April 18, 2007, and whose names
appear in the records of the Dominican Civil Registry but were listed on the basis of
documents that the current laws do not recognize as valid for those purposes
(known as Group A); and b) the registration of children born in the Dominican
Republic of foreign parents in an irregular migratory situation and whose names are
not listed in the Civil Registry (known as Group B). 201
194. As for the members of Group A, the law provides that the Central Electoral Board
shall proceed to regularize them and/or enter into the Civil Registry any certificates
of persons previously listed in the Dominican civil registry whose identification
documents were either suspended or taken away; no bureaucratic procedures shall
be required of the beneficiaries.
199
200
201
Ibid., Article 37.
Dominican Republic, Law No. 169-14: A special regime for persons born in Dominican territory irregularly
registered in the Dominican civil registry, and on naturalization, May 23, 2014, consideranda five.
Ibid., Article 1.
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