poverty.94 This poverty can, in turn, create further discrimination and exclusion from Dominican
society.
37.
While many of the obstacles faced by persons of Haitian descent are imposed by the Dominican
authorities, political parties, business owners, and other social actors also discriminate against this
portion of the population.95 In recent years, racist and xenophobic rhetoric against those of Haitian
descent has grown and expanded within the mainstream media and flourished throughout social
media.96 Human rights defenders, journalists, academics, and civil society organizations that have
openly condemned TC/0168/13 and defended the rights of persons of Haitian descent have faced
growing hostility from a range of actors. They have been openly threatened and branded as traitors,
and public demonstrations have called for “death to the traitors.”97 The IACHR has expressed
concern regarding these alleged threats and acts of intimidation, which have failed to elicit an
official rebuke from the government and can further create an environment of intolerance, making
those of Haitian descent all the more vulnerable to discrimination and exclusion.98 The Dominican
Republic’s failure to protect the rights and safety of Dominicans of Haitian descent and those
working to defend their rights represents a failing of the State to comply with its Constitutional and
international treaty obligations, as identified throughout this submission.
VI. Recommendations
38.
Drawing on the information provided in this report, the co-submitting organizations propose the
following recommendations:
a. Adequately respond to the recommendations made by international and regional
mechanisms, courts and treaty bodies, and by other States in past UPR cycles, to address
the discriminatory deprivation of nationality and historic and structural denial of
fundamental human rights faced by persons of Haitian descent.
b. Fulfill its obligations under Article 18 of the Dominican Constitution, whereby those who
enjoyed Dominican nationality prior to the 2010 Constitution coming into effect continue
to do so.
c. Implement a legal framework that restores the nationality of all persons affected by
TC/0168/13 in a prompt and standardized manner that respects their human rights and
includes all affected individuals (including Group A and Group B) without discrimination
and without requiring them to legally become foreigners and later acquire Dominican
nationality via a naturalization procedure.
94
Situation of Human Rights in the Dominican Republic.
95
Inter-American Commission on Human Rights. Denationalization and Statelessness in the Dominican Republic. IACHR:
Dominican Republic. http://www.oas.org/en/iachr/multimedia/2016/DominicanRepublic/dominican-republic.html.
96
Núñez, Ali. “Comunidad haitianos ‘organizados’ denuncia xenofobia y odio en la RD.” Al Momento. 17 de marzo de 2018.
http://almomento.net/comunidad-haitianos-organizados-rd-denuncia-xenofobia-y-odio-en-su-contra/.
97
Denationalization and Statelessness in the Dominican Republic. IACHR: Dominican Republic. Page 14.
98
Id.
15