Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 49
3.
The 2005 ruling of the Supreme Court of Justice by which children of
persons in an irregular migratory situation were prevented from acquiring
Dominican nationality based on the principle of jus soli recognized in the
Dominican Constitution.
4.
Implementation of administrative procedures introduced in 2007 by the
Central Electoral Board (JCE) to suspend or retain birth certificates of persons
whose parents did not have a Dominican residency permit.
5.
The formal prohibition in the 2010 Constitution banning nationality in the
case of the children of persons whose immigration status was irregular.
6.
Judgment TC/0168/13 of the Constitutional Court, by which the
Constitutional Court retroactively changed the interpretation regarding the
acquisition of nationality in accordance with the principle of jus soli in the
constitutions in effect from 1929 to 2010, by stating that people born in
Dominican territory children of migrants in an irregular migratory situation
were not entitled to Dominican nationality.
7.
Partially, Law 169-14, by subscribing the interpretation of the
Constitutional Court in the sense that the people affected were not entitled to
Dominican nationality, but that by legal foresight of Dominican migration policy
and the institutional and bureaucratic deficiencies Civil Registry, having been
registered tens of thousands of these people in the registry and granting
Dominican identity documents had made them assume that they were
Dominican nationals. In turn, the mechanism provided by the law for persons
born in the Dominican Republic of parents in irregular migratory situation and
who were never registered in the Civil Registry, that is, the persons included in
Group B, were to be registered in the books foreign births, reaffirming in that
sense the measures that led to the denationalization 70.
87.
Since the early 1990s, various reports and pronouncements of the Inter-American
Commission, 71 national72 and international 73 civil society organizations and other
70
Dominican Republic. Nota MP-RD-OEA 0742-14: Documento en relación a las Observaciones Preliminares de la
visita de la IACHR a la Dominican Republic, presentadas al Consejo Permanente el 19 de febrero de 2014
[Note MP-RD-OEA 0742-14: Document concerning the Preliminary Observations from the IACHR’s Visit to the
Dominican Republic], July 22, 2014. p. 5.
IACHR, Annual Report of the Inter-American Commission on Human Rights 1991. OAS/Ser.L/V/II.81 Doc. 6 rev1,
th
February 14 , 1992; IACHR, Report on the situation of human rights in the Dominican Republic.
OEA/Ser.L/V/II.104 Doc. 49 rev. 1, October 7, 1999; Dominican Republic, Note MP-RD-OEA 0742-14: Document
concerning the Preliminary Observations from the IACHR’s Visit to the Dominican Republic], July 22, 2014. p. 5.
CLADEM-Dominican Republic. Informe Alternativo Cumplimiento de la Convención de los Derechos de Niños y
Niñas en la República Dominicana. Santo Domingo, 2007; SJRM-Centro Bonó. Derechos Vulnerados.
Dominicanos/as Afectados por las Disposiciones de la JCE. Santo Domingo, 2011; Bridget Wooding and Richard
Moseley-Williams, Inmigrantes haitianos y dominicanos de ascendencia haitiana en la Dominican Republic.
Santo Domingo, Dominican Republic: International Cooperation for Development and the Jesuit Refugee and
Migrant Service, 2004; Movimiento de Mujeres Domínico-Haitianas (MUDHA) and the Comité Dominicano de
los Derechos Humanos; Coalición Nacional para los Derechos Haitianos, “Beyond the Bateyes: Haitian
Immigrants in the Dominican Republic, 1996; Americas Watch, National Coalition for Haitian Refugees. 1991.
Half Measures, Reform, Forced Labour and the Dominican Sugar Industry. Washington, United States.
71
72
Inter-American Commission on Human Rights | IACHR
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