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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