citizenship to those born on its territory, with the exception of children of diplomats and
those “in transit” through the country. But Dominican government officials routinely
refused to register births of persons of Haitian descent on the ground that Haitian migrants
in the country were “in transit,” even if they were long-term residents. The Inter-American
Court of Human Rights ruled in 2005 that the Dominican Republic’s denial of nationality
through its refusal to issue birth certificates violated that country’s own constitution (Yean
and Bosico v. Dominican Republic 2005). The Senate of the Dominican Republic rejected
the judgment, followed shortly by a decision of that country’s Constitutional Court
upholding the previous interpretation that undocumented migrants should be considered
as being “in transit.”
Two later developments in the Dominican Republic greatly exacerbated the problem
of de jure statelessness. In 2010, the amended Dominican Constitution denied citizenship
to children born in the Dominican Republic to parents in the country illegally (U.S.
Department of State 2012a). In 2013, the Constitutional Court ruled that this new provision
could be applied retroactively. According to human rights groups, more than 200,000
persons of Haitian descent are now stateless; the government insists that this number is
less than 25,000. The Inter-American Commission on Human Rights issued a strongly
worded press release expressing its “deep concern” over the court’s ruling (Organization of
American States 2013). In October 2014, the Inter-American Court of Human Rights called
for the Dominican Republic to provide redress for human rights abuses, illegal
deportations, denial of identity documents, and arbitrary deprivation of nationality, a
ruling the Dominican Republic formally rejected.
7
Electronic copy available at: https://ssrn.com/abstract=3150558