68
Brewer
The Dominican Republic hosts a large population of stateless persons, many
of whom are the children of Haitian immigrants who work in the sugar
cane industry. According to a 2011 report by the US Department of Labor,
‘Approximately 1 million undocumented immigrants live in the Dominican
Republic and an estimated 13 percent of all children younger than age 15 have
no birth documents.’22 While the 2002 Dominican Republic Constitution
provides for citizenship based on jus soli (except for the children of diplomats
and workers ‘in transit’) the Migration Law 285-04 of 200423 expanded the
definition of ‘in transit’ to include non-residents, including migrant workers.
Although constitutional revisions in 2010 attempted to address this problem,
subsequent legal developments essentially mean that many migrant Haitians
or those of Haitian descent have been unable to obtain registration of their
children born in the Dominican Republic.24 Without birth certificates, such
children are effectively stateless unless they can otherwise prove their nationality.25 Ultimately, undocumented migrant workers in the Dominican Republic
will pass along their undocumented status to their children,26 thereby increasing the number of stateless children.
The Malaysian State of Sabah has faced significant problems with respect to
statelessness among the children of migrant workers primarily from Indonesia
and the Philippines who work in the palm oil industry.27 Without documentation to prove nationality, stateless children will not be able to access government services, including healthcare, and education.28 According to the Asia
Foundation, there were approximately 52,000 stateless children as of late
22
23
24
25
26
27
28
United States Department of Labor’s Bureau of International Labor Affairs, 2011 Findings
on the Worst Forms of Child Labor, 188.
Dominican Republic General Law on Migration (No. 285-04) of 2004.
Open Society Justice Initiative, ‘Dominican Republic Court Ruling Raises’ Mass
Statelessness Threat’ (2 October 2013) <http://www.opensocietyfoundations.org/press
-releases/dominican-republic-court-ruling-raises-mass-statelessness-threat> accessed
20 October 2013. See also Polly Price, ‘Statelessness in the United States: Current Reality
and a Future Prediction’ (2012) 46 Vand J Transnat’l L 443, 457-458.
Stacie Kosinski, ‘State of Uncertainty: Citizenship, Statelessness, and Discrimination in
the Dominican Republic’ (2009) 32 B C Int’l & Comp L Rev 377, 383.
Childs Rights International Network, Dominican Republic: Children’s Rights in the UN
Special Procedures’ Reports (25 April 2012) <www.crin.org/resources/infodetail.asp?ID
=28255> accessed 14 September 2013.
Anthea Mulakala, Sabah’s Stateless Children, IN ASIA: WEEKLY INSIGHT AND ANALYSIS
FROM THE ASIA FOUNDATION (8 December 2010) <asiafoundation.org/in-asia/2010/
12/08/sabahs-stateless-children/> accessed 14 September 2013.
Ibid.
tilburg law review 19 (2014) 64-73