Executive Summary | 11
EXECUTIVE SUMMARY
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The Inter-American Commission on Human Rights has monitored the difficulties and
obstacles that children of Haitian immigrants born since the early 1990s are
encountering in Dominican territory in order to be registered and benefit from the
papers that prove they are Dominican nationals, pursuant to application of the jus
soli principle. At first, civil servants of the Civil Registry Offices would refuse to
register the birth of children born in the Dominican Republic to Haitian migrants
because their parents’ migratory situation was irregular. The argument commonly
used by the authorities was that, according to the Constitution, the children of
foreigners in transit could not acquire Dominican nationality on the basis of the jus
soli principle. The national origin and migratory status of their parents have led
Dominicans of Haitian descent to encounter various forms of discrimination
throughout their lives, discrimination that has not only violated their rights to
nationality, juridical personality, and equality and non-discrimination, but has also
precipitated the violations of their other human rights.
On September 23, 2013, the Dominican Republic’s Constitutional Court handed
down judgment TC/0168/13. Said ruling redefined, retroactively, the criteria for
acquiring citizenship by application of the principle of jus soli by giving a new
interpretation to the concept of foreigners in transit, equating this concept with that
of a foreigner in an irregular migratory situation. Through this judgment, the Court
retroactively changed the interpretation given to the term "foreigners in transit" in
the Dominican constitutions in force between 1929-2010, all of which established
said category as a constraint to acquire Dominican nationality by jus soli. Indeed,
with regard to a particular case, the Court found that despite the fact that the
appealing person was born in the Dominican Republic and had been registered by
the authorities as such, at a time that the Constitution recognized the ius soli as a
means acquiring nationality, the new interpretation of "foreigners in transit"
deprived her of the right to Dominican nationality.
Judgment TC/0168/13 ordered the administrative transfer of all birth certificates of
people born in the Dominican Republic as children of "foreigners in transit" from
1929-2007, to the birth registration book of foreigners, arbitrarily depriving of their
nationality a significant number of people who enjoyed Dominican nationality, and
leaving them in a situation of statelessness for considering them foreigners despite
being born in Dominican territory and having identity documents that proved so.
The Commission considers that judgment TC/0168/13 by the Constitutional Court
led to the arbitrary deprivation of nationality to all persons over whom it extended
its effects on. At the same time, the ruling had a discriminatory effect, since it struck
Inter-American Commission on Human Rights | IACHR
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