Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 123 the Haitian State in which they have referred to those affected by judgment TC/0168/13 and rendered stateless. 291. After judgment TC/0168/13 was issued the TC / 0168/13, the Ministry of Foreign Affairs of Haiti issued a statement fixing the position of the Government of Haiti in relation to that judgment and stating that it "could render stateless a considerable number of Dominicans Haitian descent ", while noting that the judgement went against the decision of the Inter-American Court in the case of Yean and Bosico vs. Dominican Republic of 2005.290 Subsequently, the Ministry of Haitians living abroad issued a statement in which they deplored the decision of the Dominican government to comply with judgment TC/0168/13, saying that compliance of it would affect the interests of more than 210,000 Dominicans of Haitian descent placing them in a situation of statelessness. 291 292. Also, the Minister of Foreign Affairs of Haiti, Mr. Lener Renauld, in his intervention before the Permanent Council of the OAS on July 8, 2015, said that Haiti would not receive any person other than a Haitian migrants in an irregular situation referring to the eventual resumption of deportations from the Dominican Republic, and that there was "a great risk that Haiti receives thousands of denationalized persons." 293. The Commission considers that the fact that the Haitian authorities refer to those affected by the judgment of the Constitutional Court as stateless persons is a form of recognition by the Haitian authorities that the members of this population are not considered Haitian nationals in accordance with applicable law in Haiti. The Haitian authorities have indicated that they do not consider those affected by the judgment to be Haitian nationals. 294. In light of the arbitrary deprivation of nationality resulting from judgment TC/0168/13 and for the reasons explained above regarding the acquisition of Haitian nationality, the Commission concludes that anyone who held Dominican nationality exclusively prior to said judgment and was not considered a national by any other State would be left stateless, under its law, according to the definition in Article 1.1 of the 1954 Convention relating to the Status of Stateless Persons. 3. The right to identity of persons of Haitian descent 295. The IACHR noted during its on-site visit that the birth certificate issued by the Civil Registry Office, as an entity of the Central Electoral Board, is the official legal document attesting to a person’s name and identity and is therefore necessary to secure a legal identity, which includes both nationality and juridical personality. The Commission also heard testimony from several people who indicated that the identity document was essential in the Dominican Republic in order to gain access to 290 291 Republic of Haiti, Ministry of Foreign Affairs, Official position of the Government of Haiti on Judgment TC/0168/13 adopted by the Dominican Constitutional Tribunal. October 2, 2013. Republic of Haiti, Ministère des Haïtiens vivant à l'Etranger, Position officielle du Ministère des Haïtiens vivant à l'Etranger. October 24, 2013. [Available only in French]. Inter-American Commission on Human Rights | IACHR

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