Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 57
irregularly, having been recruited by “buscones” 108 (street agents or “seekers”) who
–sponsored by the CEA and with the cooperation of the military and immigration
authorities- illegally brought in Haitian workers to work in the sugar industry. 109
105. As an additional factor, historically the Dominican State failed to supply many
migrant workers with the proper documentation (immigration permits and alien
identification cards), the result being that these individuals, who were regularly
working for the State, had only a “ficha” (employee card). The CEA issued these
cards, which in practice served unofficially as the migrant workers’ identification
documents during their stay in the Dominican Republic.
106. The difficulties that the Haitian migrant workers had with the Spanish language –
many spoke Creole and/or French; the discrimination they encountered by virtue of
their nationality and race; and their reliance on their employers for basic services
like housing, health and education; meant that Haitian migrant workers were the
victims of intensive labor exploitation and deplorable living conditions in the
bateyes. Haitian migrant workers accepted these exploitative working conditions on
the sugar plantations and the poor living conditions in the bateyes since these jobs
were often their main hope of survival. Lack of better employment conditions in
their country of origin, these workers depended on the jobs they found in the
Dominican Republic. 110
107. In fact, the creation of new nuclear families on Dominican territory was the natural
consequence of the flow of Haitian migrants into the Dominican Republic in the XIX
and XX centuries. In the period between the 1929 Constitution and the 2002
Constitution, the Dominican State consistently recognized all persons born in its
territory as Dominican citizens; in the case of the children of migrants, citizenship
was only denied to those born of migrants in transit in the Dominican Republic.
Thus, as a result of the influx of migrants workers in the sugar industry, most of
whom were Haitian-born, new generations of Dominican families sprang from
foreign-born parents.
2.
The roots of racial discrimination in the Dominican Republic
108. The Commission observes that while colonialism and the struggle for Dominican
independence were factors that contributed to racial discrimination in the
Dominican Republic, it is important to highlight that between 1930 and 1961, the
108
109
110
Haitian workers on the sugar plantations of the Dominican Republic
(Vol. LXVI, 1983, Series B, Special Supplement); and OBMICA (Natalia Riveros), p. 41.
Buscones is the term used in the Dominican Republic to refer to those persons who offer their services to
perform various functions swiftly, either legally or illegally –often by bribing State agents- in exchange for
economic compensation. Buscones operate in a number of areas. For purposes of this report, these could
include persons assigned to: a) recruit and transport irregular Haitian migrants into the Dominican Republic, b)
obtain identification papers at the registry offices, or c) secure the release of some migrants in immigration
detention.
IACHR, Annual Report of the Inter-American Commission on Human Rights 1991. OEA/Ser.L/V/II.81 Doc. 6 rev.
1, February 14, 1992, pp. 280 and 287.
OBMICA (Natalia Riveros), p. 19.
Inter-American Commission on Human Rights | IACHR
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