Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 87
195. Members of Group B, or in other words, children born on Dominican soil to foreign
parents in an irregular migratory situation and whose names are not listed in the
Dominican Civil Registry, they may be listed in the foreigners’ book contemplated in
General Immigration Law No. 285-04, provided the fact of their birth is reliably
supported by the means established in the rules governing this law. Once these
people born on Dominican soil are listed in the foreigners’ book, they are to apply
for the National Plan to Regularize Foreigners in an irregular migratory situation.
After a period of two years, these people may apply for Dominican citizenship
through regular naturalization.
196. The Ministry of the Interior and Police is the government agency responsible for
implementing Decree No. 250-14 and for processing applications to be listed in the
book in which the births of foreigners are recorded. While the Ministry’s estimate
that the number of persons born in the country who could take advantage of the
procedure established by Decree No. 250-14 was between 110,000 and 145,000,
according to what President Medina reported only 8,755 persons had been recorded
in that process. 202
C.
Principal concerns and standards regarding the right to
nationality of Dominicans of Haitian descent and
judgment TC/0168/13
197. Practices, laws, and court rulings based on discriminatory criteria - such as the
national origin of their ancestors, skin color, command of Spanish language, or
surnames- to strip Dominicans of Haitian descent of their Dominican citizenship
have left these persons in a situation of extreme vulnerability in terms of their right
to nationality, a situation the Commission has been monitoring since the early
1990s. Throughout this period, the Commission has observed how the arbitrary
denial of nationality in the case of Dominicans of Haitian descent, the fact that they
find themselves stateless in their own country, the lack of a lasting solution that fully
restores their right to citizenship, and the other rights that have been violated as a
result of being denied their rights to nationality and legal personality, have left
Dominicans of Haitian descent with an ever-present sense of frustration and
uncertainty that has lasted for years and has even been passed down from one
generation to the next.
202
Dominican Republic, Discurso de rendición de cuentas del Presidente Danilo Medina ante la Asamblea Nacional
[State of the Nation address delivered by President Danilo Medina before the National Assembly], Santo
Domingo, February 27, 2015.
Inter-American Commission on Human Rights | IACHR
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