2020
Statelessness & Citizenship Review
2(2)
evidence. 122 After the application for registration, the Ministry of Interior and
Police had a term of thirty days to process it without objection for the Central
Electoral Board. 123 Following the registration in the Book of Foreign Nationals,
the person had a term of sixty days in order to regularise his or her irregular
migratory situation according to the National Regularisation Plan, established by
the Decree No 327-13. 124
If this plan were implemented properly, it would have entailed an opportunity
to reduce the risk of statelessness for the children of migrants born in the
Dominican Republic. Had there been a level playing field, a large number of
irregular migrants could have obtained residency documents. 125 However, even if
the law provided a registration process for persons within Group B, most persons
of Haitian descent falling in this category were not able to follow it. The reason
behind the lack of registration in practice lies on the fact that, in reality, individuals
were required to present more than one of the mentioned documents and even
additional documents not provided by law, particularly an identity document of
the mother. Likewise, the registration systems of public hospitals did not always
provide live birth documentation, and regarding the birth certificates, they needed
to be translated and sometimes even sealed. 126
In all, the law did not provide for automatic reacquisition of nationality for
individuals who lost it due to Judgement 168-13 and who had it by 2010. 127 The
naturalisation process instead treated them as aliens, not regarding their right to
nationality due to their birth in the Dominican territory. 128 While the process for
Group A took place immediately, the provisions for Group B became applicable
later, and had 1 of February 2015 as deadline. Thus, the currently applicable
relevant legal instruments for persons of Haitian descent (and any other candidate
for naturalisation) are those prior to the special regime of Law No 169-14.
In conclusion, the current citizenship regime of the Dominican Republic entails
discrimination towards the biggest ethnic minority in the country: Haitian
immigrants and their descendants. It essentially consists of obstacles placed by
governmental authorities upon the process of acquiring nationality by individuals
who were entitled to it under the constitutional framework that was in place at the
time when they were born. The core problem for the exclusion of Dominicans of
Haitian ancestry from Dominican nationality, as occurs in Myanmar and Assam,
lays on the hostility towards the Haitian ‘other’ and their descendants, which has
122 Law No 169-14 (n 117)
123 ibid
124 Decree No 327-13, National Regularisation Plan for Foreigners in an Irregular Immigration
125
126
127
128
Situation in the Dominican Republic (29 November 2013) (Dominican Republic). Children
born to foreign parents in an irregular migratory situation in the Dominican Republic, who
regularised according to plan, could opt for the ordinary naturalisation. This could take place
after two years since obtaining one of the migratory categories, meaning residents or nonresidents. The certification of lack of criminal records was necessary for it. This was an overall
cumbersome procedure that most persons in Group B could not easily follow.
Samuel Martínez and Bridget Wooding ‘El Antihaitianismo en la República Dominicana: ¿Un
Giro Biopolítico’ (2017) 15(28) Zacatecas, Revista Migración y Desarrollo 95, 104
<http://www.redalyc.org/pdf/660/66053147004.pdf>.
Wooding (n 82) 110
Dominican Republic — Submission to the UN Human Rights Committee: Comments on the
Follow-Up State Party’s Report of 24 August 2015 (Report, Amnesty International 2015) 6
<https://www.amnesty.org/download/Documents/AMR2729782015ENGLISH.pdf>.
Case of Expelled Dominicans and Haitians v Dominican Republic (Judgment) (InterAmerican Court on Human Rights, Series C No 282, 28 August 2014) [105].
212