Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 61 already been monitoring various human rights situations in the Dominican Republic since 1965. 120 However, with its on-site visit to the Dominican Republic in 1991, the IACHR began to devote even more attention to the various situations that violated the human rights of Haitian migrants and their descendants - particularly that of the lack of documentation and irregular migratory situation that has been their lot for decades, how these situations have affected their children’s claim to Dominican citizenship, and the risks they face of being summarily deported. 117. For its part, the Inter-American Court of Human Rights has delivered three judgments and approved a number of provisional measures in this regard. 121 The OAS Permanent Council has introduced the topic during its meetings. 122 This report is, therefore, the result of the effort that the organs of the Inter-American System, particularly the Inter-American Commission, have made to monitor the situation of the right to nationality in the case of Dominicans of Haitian descent in the Dominican Republic, based on information compiled during the 2013 visit and other related activities, such as requests seeking information from the State, public hearings, and work meetings. 118. As far back as the report on the 1991 visit, the Commission pointed out that children were being denied Dominican identification documents because their parents had no immigration papers. Hospital personnel refused to issue a record of live birth or the civil registry officials refused to register the children and issue them a birth certificate. This made it virtually impossible for these children to obtain their Dominican identification documents. The argument that government officials gave as far back as 1991 was that the only document the parents had was the one identifying them as temporary workers, which placed them in the category of foreign nationals in transit, even though they had lived in the Dominican Republic for years. 123 Ever since, the IACHR has maintained that: In many cases for which complaints have been made to the Commission, individuals expelled were born in the Dominican Republic and had the constitutional right to nationality. The government pointed out in this regard that they were not nationals, even though they might have been born on Dominican soil, because they were the offspring of illegal 120 121 122 123 See, IACHR, The situation of political refugees in America. Report prepared by the Executive Secretariat of the Inter-American Commission on Human Rights. OEA/Ser.L/V/II.11 Doc. 7, November 2, 1965, p. 542. See, I/A Court H.R., Case of the Yean and Bosico Girls v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 8, 2005. Series C No. 130; I/A Court H.R., Case of Nadege Dorzema et al. v. Dominican Republic. Merits Reparations and Costs. Judgment of October 24, 2012. Series C No. 251; 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; I/A Court H.R. Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic regarding Dominican Republic. Orders of the Inter-American Court of Human Rights of August 18, 2000, September 14, 2000, November 12, 2000, May 26, 2001, February 2, 2006, July 8, 2009 and December 1, 2011. See, OAS, Permanent Council, Acta de la sesión ordinaria celebrada el 29 de octubre de 2013. OEA/Ser.G CP/ACTA 1944/13. Approved at the meeting of September 24, 2014, p. 19; and OAS, Permanent Council, Acta de la sesión ordinaria celebrada el 19 de febrero de 2014. OEA/Ser.G CP/ACTA 1955/14. Approved at the meeting of February 11, 2015. 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, p 292. Inter-American Commission on Human Rights | IACHR

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