22 | Report on the Situation of Human Rights in the Dominican Republic 3. 4. 5 6 7 ruling has denationalized and created a situation of statelessness of a magnitude never before seen in the Americas. Constitutional Court judgment TC/0168/13 was a critical turning point in the arbitrary denationalization of Dominicans of Haitian descent and illustrates the considerable challenges the Dominican State is facing in the area of racial discrimination and the effects that this situation has had in the form of violations of the other rights of persons of Haitian descent. The backdrop of this situation is the discrimination that Dominicans of Haitian descent have historically experienced on various fronts, and which manifests itself in a number of ways, including policies, laws and practices aimed at denying them their right to Dominican nationality on the basis of such criteria as skin color, their parents’ nationality or descent, surname, command of language, and others. The report also looks at a number of problems that migrants encounter 5, particularly Haitian migrants, in respect to the use of racial profiling in immigration control operations, immigration detention, and the guarantees of due process and judicial protection in immigration proceedings conducted for the purpose of deportation or expulsion 6. The information the Commission has received since the early 1990s illustrates a context of structural discrimination fostered by the activities of certain authorities, political parties, and business and social actors within the Dominican Republic. Its roots can be traced back to Haiti’s occupation of the Dominican Republic in 1822 and to the rise of anti-Haitian sentiments and the various forms of discrimination that have evolved over the years targeting persons of Haitian origin. In this regard, the Commission believes that some provisions of the laws now in force and the practices of some authorities are not in compliance with the Dominican Republic’s obligations as spelled out in the American Convention and other inter-American and international instruments. This was the finding of the Inter-American Court in its judgments on the case of Expelled Dominicans and Haitians, 7 the case of Nadege Throughout the report, the IACHR will use the term “migrant.” The Commission will also use the expression “migrant in an irregular situation” to refer to those persons who have entered Dominican territory without the necessary documentation or have stayed past the time that they were authorized to stay. The Commission recommends that OAS Member States avoid the expressions “illegal,” “illegal [im]migrant,” and “illegal [im]migration” to refer to migrants whose immigration status is irregular. The use of the expressions “illegal” or “illegal [im]migrant” reinforces the criminalization of migrants and the false and negative stereotype that migrants, due to their irregular situation, are criminals. The Commission considers it necessary to specify that the irregular entry or stay of a person in a State are not criminal offenses but administrative infractions. In addition to the above, “legal” or “illegal” are not qualities that can be ascribed to human beings. For the sake of clarity, the actions of human beings can be described as “legal” or “illegal,” but not the persons per se. A person’s immigration status may not comply with what a given State’s legal system requires, but it may not be extrapolated from that status the ‘legality’ or illegality’ of that person. The International Law Commission has defined "expulsion" as a legal act or conduct attributable to a State, whereby an alien is compelled to leave the territory of that State. For purposes of this report, the Commission used the terms expulsion, deportation, repatriation, and return will be used interchangeably to refer to the expulsion of a person who lacks the Dominican nationality in the territory of the Dominican Republic. See International Law Commission, Draft Articles on the expulsion of foreigners, adopted at its 66th session, art. 2.a. 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. Organization of American States | OAS