Executive Summary | 15
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in the Civil Registry. 2 This means that many of the people who would be part of
Group B would not have been registered under the procedure provided for them
under Law 169-14.
The Commission recognizes that the Dominican government has taken action to
address the situation of those affected by judgment TC/0168/13. While the
Commission rejects the ground rules underlying Law 169-14, it recognizes the
practical importance of the procedure for restoring the Dominican nationality to the
children born in Dominican territory of non-resident foreign parents and who were
registered in the books of the Civil Registry, i.e. those of Group A. However, the
Commission cannot but express its rejection of the procedure that allows people
born in the Dominican Republic and who under Dominican legislation were entitled
to Dominican nationality, to be treated as foreigners and that the option given to
them to retell their Dominican nationality is to apply for a naturalization process
after a period of two years of having regularized their migratory status in
accordance with the National Plan for the Regularization of foreigners in irregular
migratory situation. Since the solution Law 169-14 provides for people in Group B is
to consider them as foreign, tens of thousands of people and their descendants
continue without having their nationality restored and hence without being
effectively repaired for the arbitrary deprivation of nationality and statelessness in
which they were left after judgment TC/0168/13.
The Commission also expresses its deep concern about the risk of being deported
from the Dominican Republic of persons born in the Dominican territory who lack
identification documents certifying their Dominican nationality, contrary to the
provisions of the American Convention and the standards developed by the InterAmerican Commission and the Court.
Based on its detailed examination of the situation of Dominicans of Haitian descent
with respect to their rights to nationality, identity, equality, non-discrimination and
other rights and related problems, as the group most affected by judgment
TC/0168/13, in this report the Commission will make a number of
recommendations to the State in that regard. In that spirit, the Commission urges the
State to adopt the necessary measures to prevent judgment TC/0168/13 from
continuing to have legal effects; to fully restore the right to nationality of those
affected by judgment TC/0168/13; to void of legal effects the provisions of Law 16914 that are based on considering as foreigners people who were born in the
Dominican Republic children of irregular migrants, as this implicates a retroactive
deprivation of nationality; and to take steps to stop the practices of denying
Dominican nationality to persons born in the territory based on the origin of their
parents or ancestor, the migratory status of their parents; among other
recommendations made in this report.
Among the various actions that the Dominican government has made to assist the
Haitian State and Haitian migrants in the Dominican Republic, the Commission
considers it relevant to emphasize the importance of the actions taken by the
This number does not include the children of these people.
Inter-American Commission on Human Rights | IACHR
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