DOMINICAN REPUBLIC
In the Dominican Republic, large-scale statelessness (affecting over 130,000 persons) has
been caused by the denial and deprivation of
nationality of Dominicans of Haitian descent.
The watershed and discriminatory 2013 Constitutional Court decision known as ‘La Sentencia’,
excluded citizens of foreign ancestry (mainly
Haitian descent) from the jus soli system of
citizenship acquisition with retroactive effect.5
Law 169-14, adopted in 2014 to palliate the effects of the ruling, is inadequate in scope and
UNHCR Representative for
the US and the Northern Caribbean,
Matthew Reynolds
Beneco Enecia, “23 May 2021 sees the seventh
anniversary of the so-called naturalisation law
169-14. Distressingly, under half of those eligible to have Dominican documents restored have
achieved this. Despite 799 persons of Haitian ancestry being authorised for naturalisation, we are
in the dark as to how this can happen.”6
RIGHT TO NATIONALITY,
DOCUMENTATION AND LEGAL STATUS
Deliberately working within a system of entrenched systemic discrimination perpetuating
inequality, racism and xenophobia against Dominicans of Haitian descent, the government
on the impact of COVID-19 on Haitian migrants
and their descendants in the border region. It
conducted 50 in-depth interviews with parents
of stateless children and two focus groups, as
well as consulting with key stakeholders. The
documents to those of Haitian descent born on
Dominican soil. Important but slow progress
has occurred in that under half of eligible persons have regained their Dominican documents,
but nobody has had their naturalisation materialised among the group of persons who were
to get married, obtain school diplomas, start a
business, get a driver's licence or passport, and
a ‘cédula’, the national ID card essential for voting and banking. This has created a multi-generational problem, where entire families lack
Dominicans of Haitian descent to conditions of
poverty and exclusion, with many living in isolated and impoverished ‘bateyes’.7 Women and
girls are especially vulnerable to violence and
marginalisation, including forced prostitution,
cent years, racist and xenophobic rhetoric has
on social media. Human rights defenders, journalists and groups who condemn ‘La Sentencia’
face growing hostility and threats.
Exceptional COVID-19 measures inherited from
the previous government continue under the
Abinader administration which took power in
August 2020. Lack of documentation is a barrier
to social protection. Affected persons lack medical insurance and clean drinking water, while
conditions are dire in impoverished communiernment assistance.8 Civil registry disruption
has exacerbated barriers to birth registration.
In the Dominican Republic, civil registration
services were suspended during the initial stages of the pandemic from March till May 2020,
resuming in June 2020. This included civil reg9
In October 2020,
other limitations on mobility prevented Haitian
migrants and their descendants from being
able to retrieve civil registration documents for
themselves and their children. For example, the
procedures for the renewal of regularisation
documents for migrant parents, which could
eventually favour the naturalisation of their
stateless children, were cumbersome under
the pandemic. Further, COVID-19 prevention
measures limiting the number of people who
can gather have complicated the process of
delivering and receiving services. Haitian mipassports / renewing regularisation status due
THIS PUBLICATION LOOKS MORE
CLOSELY AT RIGHT TO NATIONALITY,
DOCUMENTATION AND LEGAL STATUS;
RIGHT TO HEALTH AND SOCIO-ECONOMIC
RIGHTS,4 AND MAKES THE FOLLOWING
CALL TO ACTION TO THE GOVERNMENT
AND RELEVANT STAKEHOLDERS:
FACILITATE LEGAL CHANNELS TO ENSURE
ACCESS TO NATIONALITY, BASED ON NONDISCRIMINATORY POLICIES AND PRACTICES,
WHICH PROMOTE MORE INCLUSION OF
SHARE UP TO DATE INFORMATION ON THE GROUP
RECEIVED ID AND ELECTORAL DOCUMENTS,
WITH OTHER STATE DATA BASES SUCH SIUBEN,
TO GUARANTEE THAT THOSE ELIGIBLE TO
BENEFIT FROM RELEVANT SOCIAL PROTECTION
PROGRAMMES, ARE ACCORDINGLY INCLUDED.
OFFER EQUAL ACCESS TO VACCINATIONS TO ALL
RESIDING IN THE COUNTRY AS A STATE POLICY,
INDEPENDENTLY OF THE DOCUMENTARY STATUS
OF THE PERSON CONCERNED, TO CONTAIN AND
CONTROL COVID-19.
NATURALISE ALL DESCENDANTS OF HAITIAN
WHO ARE ENTITLED TO NATURALISATION AFTER
TWO YEARS OF OBTAINING A MIGRANT STATUS
only puts them at risk but also impacts their
ability to meet documentation requirements for
registering their children’s birth.
Civil registration services were suspended
from March to June 2020, creating a backlog
of birth registrations. Late declarations of birth
increase the risk of statelessness, especially for
a population whose belonging is already questioned, due to onerous and costly requirements
for late birth declarations. The government is
addressing the existing backlog by offering registration services in decentralised locations and
extending operating hours;10 and in an example
of good practice the Dominican government
extended the time allowed for registering vital
events in a timely fashion. Presidential Decree
tal events between 21 January and 3 July 2020
could be registered without a late penalty up to
nancial constraints have continued to affect the
possibility of obtaining overdue documents.
ESTABLISH A GOVERNMENT-CIVIL SOCIETY
WORKING GROUP TO EVALUATE AND PROVIDE
SOLUTIONS FOR INDIVIDUALS EXCLUDED FROM
THE CIVIL REGISTRY WHO ARE RECEIVING LEGAL
ACCOMPANIMENT AND ASSISTANCE FROM NGOS.
EQUALITY AND NON-DISCRIMINATION
During the pandemic, anti-Haitianism has increased.11 President Luis Abinader announced
plans to build a wall along the Dominican-Haitian
15