Chapter 1 Introduction | 23
5.
6.
7.
B.
8.
9.
8
9
Dorzema et al., 8 and the case of the Yean and Bosico girls, 9 all of which were brought
against the Dominican Republic.
Since its 1991 visit to the Dominican Republic, demanded by the situation of human
rights violations of persons of Haitian descent in the country, mainly in the form of
immigration operations and collective deportations, the Inter-American Commission
observed that in many cases the persons deported were born on Dominican soil
which, under the Constitution and the laws in force at the time of their birth, would
have entitled them to Dominican nationality. Thus, for more than two decades now,
the IACHR has been monitoring the situation of Dominicans of Haitian descent who,
throughout various measures taken by the Dominican authorities, have been denied
their right to Dominican nationality and other related rights.
In this regard, the violations of the right to nationality that the Commission observed
on its most recent on-site visits continue to this day, and have been aggravated by the
Constitutional Court’s judgment TC/0168/13. Therefore, given the situation created
by the issuance of judgment TC/0168/13 and the impact it could have on tens of
thousands of people, the purpose of the Commission’s visit was to examine the
human rights situation in the Dominican Republic with regard to the rights to
nationality, juridical personality, identity, equality, non-discrimination and other
rights and related issues, all in light of the international commitments voluntarily
undertaken by the Dominican State.
The analysis provided in this report serves as the basis for the recommendations the
Commission has formulated for the Dominican Republic to ensure that its laws and
practices pertaining to the rights to nationality, juridical personality, equality before
the law and non-discrimination, as well as its immigration policies, complies with
the international human rights standards it voluntarily undertook to observe.
On-site visit to the Dominican Republic and follow up
In a note sent to the Permanent Mission of the Dominican Republic before the OAS
on September 26, 2013, the Inter-American Commission consulted the Dominican
State about the possibility of conducting an on-site visit from October 20 to 23, 2013.
On October 4, 2013, the Permanent Mission sent to the IACHR note MP-RD-OEA
2049-13, in which it advised the Commission that it could not receive a visit from the
Commission on the dates indicated, but that the Commission could request
alternative dates.
On October 27, 2013, the Permanent Mission sent a note in which it invited the
IACHR to visit the country. In response, on October 28, 2013, the Executive
I/A Court H.R. Case of Nadege Dorzema et al. v. Dominican Republic. Merits Reparations and Costs. Judgment
of October 24, 2012. Series C No. 251.
I/A Court H.R. Case of the Yean and Bosico Girls v. Dominican Republic. Judgment of September 8, 2005. Series
C No. 130.
Inter-American Commission on Human Rights | IACHR
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