Over the past seven years, the Dominican government has re-written its Constitution, re-interpreted old laws and passed new ones. In 2013,
‘La Sentencia’ was ruled by the Constitutional
Court, which retroactively stripped the nationality of tens of thousands of Dominicans, primarily
affecting those of Haitian descent. The judgment ruled that those whose parents were irregular migrants at the time of their birth shall be
deprived of Dominican nationality regardless of
whether their citizenship was recognised under
the law between 1929 and 2007.22 Following international and domestic outcry, Law 169-14, introduced in 2014, was enacted in an attempt to
rectify some of the injustice caused by the 2013
‘La Sentencia’ ruling. The Law divides the affected persons into two groups, in which Group A
have birth registration and Group B do not but
had the right to Dominican nationality under the
Constitution when born. Although Law 169-14
offered the chance of review, leading to the posGroup A and the opportunity to naturalise for
Group B, the Law has come under criticism for
the lack of transparency in application procedures and the lack of clear solutions for part of
Group B. The enshrining of these Laws and the
ongoing cases of statelessness are not isolated
events; rather, they are the consequences of a
long legacy of systemic discrimination towards
Dominicans of Haitian descent over multiple
decades which have left many stateless and
vulnerable to human rights abuses.23
•
•
•
Ministerio de Interior y Policía (Ministry of Interior and Police), which is the umbrella
ministry for the Direccion General de Migración (Migration Management). The Ministry
has a particular role in facilitating the naturalisation of those who registered under Law
169-14. There have been calls for the MIP to take a lead in ensuring that the Presidential
Decree (July 2020)24 of outgoing President Medina and a subsequent decree by President Abinader in April 2021 to fast track the naturalisation of 799 affected persons are
materialised.
Dominican Congress, which is responsible for passing relevant laws such as the Anti-discrimination Law which has been circulating in draft form for several years.
Ministerio de Salud Pública (Ministry of Public Health), which has a key role in promoting and implementing the current national vaccine campaign. Dialogue between key civil
society actors and hard to reach populations with the Ministry is necessary to ensure the
widest possible outreach and effectiveness of the campaign.
Impact
The project has helped support those Dominicans of Haitian ancestry eligible for naturalisation by keeping them informed of the Presidential Decrees of July 2020 and April 2021
respectively to fast track the naturalisation of some 799 persons, which should provide a
precedent for the operation of Law 169-14 in this respect. Overtures have been made directly
to the MIP with a view of materialising this. However, the situation is complicated to the extent
that there has been little movement on the original 749 persons (mainly children) while a second decree has been issued covering a further 50 persons but with continued uncertainty on
not just how this may be judicially materialised but, crucially, whether the political will exists
to do so. Accompaniment of affected persons under the pandemic is providing the evidence
base for re-establishing policy dialogue with the Dominican authorities, accounting for the exof affected persons. Those selected for small-scale economic initiatives are demonstrating
the resilience possible even in strained circumstances, when due to lack of documentation,
17