population faces, particularly following Constitutional Court ruling TC/0168/13 and the subsequent
enactment of Law 169-14. For example, in 2017, the Human Rights Committee expressed concern
for the “situation of a large number of first-generation immigrants and their descendants, whose
Dominican nationality has been denied as a result of decision No. TC/0168/13. …the Committee is
concerned about the limited scope of the Act and the additional barriers that it has created,
including unreasonable procedures and requirements.” 28
13.
In their most recent reviews of the human rights situation in the Dominican Republic, the
Committee on the Rights of the Child,29 the Committee on the Elimination of Discrimination Against
Women,30 the Committee on the Elimination of Racial Discrimination,31 the Committee on
Economic, Social and Cultural Rights,32 and the Inter-American Commission on Human Rights
(IACHR)33 all expressed similar concerns regarding the denial of the right to a nationality following
TC/0168/13, the shortcomings of Law 169-14, which was adopted to mitigate the impact of
TC/0168/13, and the systemic discrimination faced by persons of Haitian descent. In response, in a
statement made to the Committee on the Rights of the Child during its most recent review on
January 13, 2015, the Dominican Republic characterized its response to TC/0168/13 as working to
protect the fundamental rights and reduce the vulnerability of all persons on Dominican territory
through an inclusive process carried out in accordance with international standards.34 In a
statement made to the Committee on Economic, Social and Cultural Rights on September 27, 2016,
the Dominican Republic characterized its State obligations under the 2010 Constitution as those of
effectively promoting human rights and ensuring the fulfillment of economic, social and cultural
28
Human Rights Committee. Concluding observations on the sixth periodic report of the Dominican Republic. International
Covenant on Civil and Political Rights. (27 November 2017).
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/DOM/CO/6&Lang=En. Paragraph
25.
29
Committee on the Rights of the Child. Concluding observations on the combined third to fifth periodic reports of the
Dominican Republic. Convention on the Rights of the Child. (6 March 2015).
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fDOM%2fCO%2f3-5&Lang=en.
Paragraph 27.
30
Committee on the Elimination of Discrimination Against Women. Concluding observations on the sixth and seventh periodic
reports of the Dominican Republic. Convention on the Elimination of All Forms of Discrimination against Women. (30 July 2013).
https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fDOM%2fCO%2f67&Lang=en. Paragraph 30.
31
Committee on the Elimination of Racial Discrimination. Concluding observations on the thirteenth and fourteenth periodic
reports of the Dominican Republic. International Convention on the Elimination of All Forms of Racial Discrimination. (19 April
2013). http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fDOM%2fCO%2f1314&Lang=en. Paragraphs 7 and 19.
32
Committee on Economic, Social and Cultural Rights. Concluding observations on the fourth periodic report of the Dominican
Republic. Economic and Social Council. (21 October 2016).
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fDOM%2fCO%2f4&Lang=en.
Paragraph 21.
33
Inter-American Commission on Human Rights. Situation of Human Rights in the Dominican Republic Organization of American
States. (31 December 2015). http://www.oas.org/en/iachr/reports/pdfs/dominicanrepublic-2015.pdf. Paragraphs 4 and 16.
34
República Dominicana. Discurso de Presentación de los informes periódicos tercero a quinto combinados de la República
Dominicana ante el Comité de los Derechos del Niño. (12-13 de enero de 2015).
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/DOM/INT_CRC_STA_DOM_19561_E.pdf.
6