Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 59
migratory situation, has been shaped by the historical construct of the national
identity and anti-Haitian rhetoric, which has resulted in laws and court rulings that
assimilated the practices already established by Registry officials who refused to
register or issue identification documents to the children of Haitian migrants in the
belief that they were not entitled to Dominican citizenship because they were
children born of Haitians in an irregular migratory situation.
112. This process of denationalization has been percolating for a number of decades.
Official documents dating back to the 1960s reveal that even then the Dominican
authorities were aware of the multiple problems that Haitian migrants and their
children born in the Dominican Republic encountered. 115 In a 1969 memorandum,
the official in charge of the Office of the Director General of Immigration, Manuel de
Jesús Estrada, informed the President of the Republic, Joaquín Balaguer, that:
The serious problem the country is facing because of the many Haitian
nationals, who have passively invaded our territory in massive numbers, is
compounded by the fact that they are having children with Dominican women,
children who, because they were born here, are Dominicans. Their numbers are
an alarming magnification of the invasion that ultimately poses a real threat to
our nationality. With the passage of time, the enormous nucleus of Haitians
(estimated to be some 250,000 at the present time) will increase in number for
the reasons previously explained, and the day is not far off when they will
number one million. If this situation is not somehow stopped in time, it will –I
repeat- pose a real threat to our nationality and to the very security of the
country and the State. 116
113. In 1976, a communication from the then Secretary of the Armed Forces, Major
General Juan Rene Beauchamp Javier, to the President of the Republic, Joaquín
Balaguer, discussed the need to draft a law under which migrant workers could be
classified as “foreigners in transit”. This due to the fact that the Constitution in force
at the time provided that the children of foreign nationals in transit did not qualify
for Dominican nationality based on jus soli, therefore this change would have had the
effect of limiting the acquisition of Dominican nationality in the case of children of
115
116
In a 1967 communication from the Director General of Immigration concerning the problems and abuses that
Haitian migrants faced when repatriated in mass numbers, he stated that: “one cannot discount the possibility
that Haitian nationals could qualify to obtain their permanent residency in the country, whether because of
the activities in which they engage or because they marry Dominican women and have children who were born
in the country, the only exception, of course, being the latter, if the status of their presence in the country has
not been defined.” See, Dominican Republic, Comunicación 06365 de Juan Estrella R., Director General de
Migración al Secretario de Estado de las Fuerzas Armadas [Communication 06365 from Juan Estrella R.,
Director General of Immigration, to the Secretary of State of the Armed Forces]. Santo Domingo, November
14, 1967.
Dominican Republic, Memorándum de Manuel de Jesús Estrada Medina, Subsecretario de Estado, Encargado
de la Dirección General de Migración al Doctor Joaquín Balaguer, Presidente de la República. Exposición sobre
el grave problema que ocasiona al país la gran cantidad de haitianos existentes en nuestro territorio
[Memorandum from Manuel de Jesús Estrada Medina, Under Secretary of State in charge of the Office of the
Director General of Immigration, to Dr. Joaquín Balaguer, President of the Republic, Exposition on the serious
problem posed by the large numbers of Haitians present on our territory]. May 6, 1969.
Inter-American Commission on Human Rights | IACHR
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