Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 63
from the Dominican State concerning certain developments related to this serious
situation. The most recent was on February 9, 2015, when the Commission
requested information from the State about an allegation to the effect that 51
persons were allegedly deported to Haiti in a collective expulsion that reportedly
included 28 children said to have been born in the Dominican Republic, 14 women –
some of whom were the mothers of the children, another 14 Haitian migrants, and
Isabella Pomares, a Spanish nun who is 74 years old. The collective expulsion is said
to have been carried out on January 27, 2015, as the group was on its way to San
Juan de la Maguana to register under the procedures prescribed by Law 169-14 or
the National Regularization Plan for Foreigners in an irregular migratory situation,
whichever the case. When the State did not reply, the Commission reiterated its
request for information on April 1, 2015. The Commission regrets that, as of the date
of approval of this report, it had not yet received any reply from the State on this
request of information.
122. Through the mechanism of precautionary measures, the IACHR has requested the
adoption of six urgent measures of protection, detailed below, as an effective means
to protect against and prevent possible serious and irreparable harm to Dominican
persons of Haitian descent who were in imminent danger because of the measures
taken by authorities to deny them their right to Dominican nationality and the
situations created by the State’s refusal to recognize their right.
123. Acting on the complaints the Commission received alleging collective expulsions of
Haitians or persons so classified even when they may have been born on Dominican
soil, on June 26, 1991 the Commission asked the Government of the Dominican
Republic to take the necessary precautionary measures to prevent the
consummation of irreparable harm to persons who were awaiting deportation. This
request for precautionary measures was granted after President Balaguer’s issuance
of Decree 233 of June 13, 1991, which would repatriate any undocumented Haitians
in the Dominican Republic over the age of 16 and under age 60, and in response to
complaints of human rights violations committed against Haitian sugar cane
workers employed on the plantations of the Dominican Republic’s State Sugar
Council. 128
124. In 1999, the IACHR requested that the Dominican State implement three
precautionary measures to protect Dominicans of Haitian descent. First, on August
128
the Dominican Republic. 131st Session, March 10, 2008; Hearing on the Situation of violence against children
and women in the Haitian-Dominican frontier region. 137th Session, November 3, 2009; Hearing on the
Constitution and the right to nationality in the Dominican Republic. 140th Session, October 28, 2011; Hearing
on modification of the Civil Register in the Dominican Republic. 141st Session, March 28, 2011; Hearing on the
judicial response in cases of denationalization in the Dominican Republic. 143rd Session, October 24, 2011;
Hearing on the right to nationality in the case of Dominicans of Haitian descent in the Dominican Republic.
147th Session, March 12, 2013; Hearing on the situation of the right to nationality in the case of Dominicans of
Haitian descent affected by the denationalization policy. 150th Session, March 24, 2014; Hearing on the human
rights situation of Haitian migrant workers and their families in the Dominican Republic. 150th Session, March
24, 2014; and Hearing on the progress made and challenges posed by Law 169/14 in the Dominican Republic.
153rd Session, October 31, 2014.
IACHR, Annual Report of the Inter-American Commission on Human Rights 1991. OEA/Ser.L/V/II.81 Doc. 6 rev.
1, February 14, 1992.
Inter-American Commission on Human Rights | IACHR
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