112 | Report on the Situation of Human Rights in the Dominican Republic
258. On the basis of information and testimonies gathered throughout its visit, the
Commission deems that the decisions taken by the civil servants of the Civil Registry
Offices to deny or withhold identity documents, as well as the decisions of the
Central Electoral Board to start investigations to determine the validity of the
identity documents, highlight the use of racial profiling against persons born in the
Dominican Republic descendants of Haitians, because these actions taken by
authorities were based on discriminatory criteria, such as physical appearance, the
way of talking, skin color, language, surnames or origin of parents. Along these lines,
the Commission deems it is necessary to reiterate that the basic right to equal
protection before the law and nondiscrimination requires States to have policies,
laws, and practices aimed enforcing the law which are not unjustifiably aimed at
certain individuals only on the basis of their ethnic or racial features such as skin
color, accent, ethnic group or area of residence well-known for having a specific
ethnic population.
•
Figures on the affected population
259. The Commission notes that it has been impossible to determine precisely how many
persons were or are affected by judgment TC/0168/13. One of the major challenges
encountered when trying to determine the actual number of persons affected is the
temporal scope of the judgment, which retroactively and arbitrarily deprived
persons born in the almost 78-year period between June 21, 1929 and April 18,
2007 of their Dominican nationality.
260. Another factor that makes it difficult to determine precisely how many people were
affected by judgment TC/0168/13 is what Dominican officials themselves have
described as the institutional weakness of authorities when it comes to vital records
and immigration, who leave entire population groups –both Dominican nationals
and immigrants- with no identification and immigration papers. In its observations
to the draft of the present report, with reference to the figures for the affected
population, the Dominican State stressed what had been stated by President Danilo
Medina, when he pointed out that: “this is a complex reality, with diverse legal bases,
various human groups, and many figures and interpretations. It is a reality that
requires pondering, investigation, analysis, and honesty.” 260 Likewise on June 26,
2015, President Danilo Medina commented that:
[i]n the Dominican Republic’s case, we have inherited a system that for decades
left us with a weak government bureaucracy that has left entire population
groups –both nationals and immigrants- undocumented and therefore
unprotected. To put an end to this situation, we decided to take the initiative of
providing everyone living in the country with the documentation appropriate
260
Dominican Republic, Permanent Mission of the Dominican Republic to the Organization of American
States. Note MP-RD-OEA 1395-15: Note whereby the note from the Ministry of Foreign Affairs with the
Observations of the Dominican State on the “Draft Report of the Situation of Human Rights in the Dominican
Republic” is forwarded. December 21, 2015, p. 8.
Organization of American States | OAS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents