48 | Report on the Situation of Human Rights in the Dominican Republic
while other countries recognize at least permanent resident status, yet this is not the
case of the Haitians in the Dominican Republic.” 68 Elaborating, the IACHR wrote that:
85.
86.
some 500,000 undocumented Haitian workers reside in the Dominican
Republic. In several cases these persons have lived in the Dominican Republic
for 20 to 40 years, and many were born there. Most of them confront
permanent illegality, which is passed on to their children, who cannot obtain
Dominican nationality, because according to the restrictive interpretation by
the Dominican authorities of Article 11 of the Constitution, they are the
children of "foreigners in transit." It is not possible to consider persons who
have resided for several years in a country in which they have developed
innumerable contacts of all types to be in transit. Consequently, numerous
children of Haitian-born parents are denied fundamental rights, such as the
right to nationality of the country of birth, access to health care, and access to
education. 69
Because so many Haitians were in an irregular migratory situation – one, in many
cases, fostered by the actions and omissions of Dominican and Haitian authorities, as
well as private business – Civil Registry officials, at their discretion, began to refuse
to issue identification documents to children born in the Dominican Republic of
Haitian migrants in an irregular migratory situation. Thus, the effects of the parents’
irregular migratory status began to extend to their children, particularly when it
came to recognition of Dominican nationality, even though the children were born in
the Dominican Republic.
When it examined how this situation evolved over the years, the Commission was
able to discern how the practice that Civil Registry officials initially used to refuse to
register the birth of children born in the Dominican Republic of Haitian immigrants
on the grounds of the latter’s irregular migratory situation, gradually spread to the
point of being assimilated into different measures, laws, and decisions introduced by
the other branches of the Dominican State. The Inter-American Commission
distinguishes the following stages in the denationalization of Dominicans of Haitian
descent:
1.
The Civil Registry officers’ de facto refusal to register the birth of the
children of Haitians in an irregular migratory situation, at least as far back as
the 1980s.
2.
With enactment of the 2004 Immigration Act, the adoption of stricter
nationality criteria that put any non-resident, including temporary workers, in
the same category as a person in transit so that their foreign nationality would
pass down to their children.
68
69
IACHR, Report on the situation of human rights in the Dominican Republic. OEA/Ser.L/V/II.104 Doc. 49 rev. 1,
October 7, 1999, par. 350.
IACHR, Report on the situation of human rights in the Dominican Republic. OEA/Ser.L/V/II.104 Doc. 49 rev. 1,
October 7, 1999, par. 363.
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