52 | Report on the Situation of Human Rights in the Dominican Republic
90.
91.
Along these lines, as it has contended in the past, the Commission deems it is
necessary to reiterate that any legal practice, norm, or interpretation that supports
refusal of the registration of birth and the issuance of birth certificates for children
born in the Dominican Republic of Haitian migrant workers and who met the
requirements for securing Dominican nationality constitutes an arbitrary
deprivation of nationality and therefore a violation of Article 20.3 of the American
Convention on Human Rights. 83
The Commission appreciates the fact that in early October 2013, within days of
Constitutional Court judgment TC/0168/13 being handed down, President Danilo
Medina held a meeting in the Palacio Nacional with Dominicans of Haitian descent
and civil society organizations dedicated to the defense of this group’s basic human
rights, to learn firsthand how the decision affected them, and to find a social and
humane solution to the problem it created. In his remarks about the meeting,
President Medina stated that “there were young people present who were pursuing
their studies, walking 18 kilometers every day; when they were about to receive
their high school diploma, it turned out that they had no identification document and
therefore could not get their degree.” He went on to say that “I said I was sorry –I
didn’t apologize- for everything they experienced in all this time and that I was going
to launch a process of consultations to ascertain what we could do in coordination
with the organs that have some authority vis-à-vis the measures that have been
taken.”84
1.
Historical background of Haitian migration to the Dominican
Republic
92.
As a preliminary consideration, the Commission believes it is important to recall that
the States of this hemisphere emerged after declaring their independence from
European colonial powers. 85 One of the main characteristics of European colonialism
in the Americas and its legacy was the creation of race-based colonial societies,
where the colonists were clearly differentiated from the indigenous and Afrodescendant populations. One of the main consequences of colonialism was the
multiple forms of discrimination and racism to which indigenous peoples and Afrodescendants have been subjected across the length and breadth of the American
hemisphere. Slavery only served to reinforce forms of discrimination and racism
against Afro-descendants. Slavery as both the foundation of many colonial
economies for centuries in the Caribbean and also the root (not merely
83
See: IACHR, Report on the Situation of Human Rights in the Dominican Republic, 1999; see also; I/A Court H.R.,
Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary Objections, Merits, Reparations
and Costs. Judgment of August 28, 2014. Series C No. 282, para. 277, 293, 298, and 299.
See, Hoy, Medina confirma pidió “excusas” a descendientes haitianos. October 9, 2013. See, also, Acento,
Danilo buscaría solución a caso de dominicanos de ascendencia haitiana. October 7, 2013.
The Commission has held that discrimination, racism, xenophobia and intolerance in the Americas have their
genesis in racial and cultural preconceptions brought by European conquerors and nurtured for centuries of
colonization. See IACHR, Second Progress Report of the Special Rapporteur on Migrant Workers and Their
Families in the Hemisphere. 2001, para. 81.
84
85
Organization of American States | OAS
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