9.
Recommendations also accepted by the Dominican Republic include to effectively register births in
a non-discriminatory manner19 and to safeguard the fundamental rights of people of Haitian
origin.20 Additionally, the State expressed its desire to comply with recommendations to guarantee
and ensure the full respect for the right to a nationality.21
10.
While recognizing the concerns expressed by the Dominican Republic about its inability to comply
immediately with recommendations, this report notes that affected persons and civil society
organizations consider State progress in complying with the majority of the recommendations
made in past UPR cycles weak regarding the right to a nationality, the elimination of discrimination
from the Civil Registry, and the guarantee of all fundamental human rights to Dominicans of Haitian
descent in compliance with domestic and international law. Rather, the State has imposed
additional obstacles to the enjoyment of a number of human rights for Dominicans of Haitian
descent and has further entrenched deep-rooted racial discrimination through legal reforms.
III.
The Dominican Republic’s international obligations regarding the right to a
nationality
11.
While the Dominican Republic has not ratified the 1954 Convention on the Status of Stateless
Persons or the 1961 Convention on the Reduction of Statelessness, it is party to a significant number
of international human rights instruments that guarantee the right to a nationality for all on a nondiscriminatory basis. These include the International Covenant on Civil and Political Rights (Article
24),22 the Convention on the Rights of the Child (Articles 7 and 8),23 the Convention on the
Elimination of All Forms of Discrimination against Women (Article 9),24 and the International
Convention on the Elimination of All Forms of Racial Discrimination (Article 5).25 Additionally, the
Dominican Republic is obligated to guarantee all rights enshrined in the International Covenant on
Economic, Social and Cultural Rights without discrimination of any kind, including on the basis of
“race, colour… national or social origin…birth or other status.”26 Finally, the Dominican Republic is
obligated to respect and promote the right to a nationality as specified in Article 20 of the American
Convention on Human Rights.27
12.
Numerous international bodies in charge of monitoring States’ compliance with the human rights
treaties listed above have expressed concern about the deprivation of nationality for those born in
the Dominican Republic to parents of Haitian descent and the discrimination this segment of the
19
Report of the Working Group on the Universal Periodic Review: Dominican Republic. A/HRC/26/15. Recommendations 98.76
and 98.109.
20
Id. Recommendation 98.122.
21
Id. Recommendations 98.18, 98.114, 98.115 and 98.119.
22
Acceded to 4 January 1978.
23
Ratified 11 June 1991.
24
Ratified 2 September 1982.
25
Acceded to 25 May 1983.
26
Article 2.3. Acceded to 4 January 1978.
27
Ratified 21 January 1978.
5