framework of the 13th, 26th, and 41st sessions of the UPR. During the most recent cycle, 11 States
made recommendations regarding the right to nationality and statelessness.5 Despite the
recommendations issued in previous cycles, the State continues to systematically fail to comply with
them. Taking into account the absence of actions to resolve cases of denationalization and the
structural nature of discrimination against people of Haitian descent, we consider that there was no
progress in the implementation of such recommendations.
4. Since the last UPR, the Human Rights Council regretted that the State has not adopted measures to
address cases of statelessness.6 In 2023, the Inter-American Commission on Human Rights (IACHR)
highlighted the persistent challenges in matters of immigration detention, expulsion and access to
nationality for people of Haitian descent7 and urged the State to eradicate the situation of
statelessness in which thousands of people were placed since the issuance 10 years ago of the
TC/0168/13 Ruling (“La Sentencia”) of the Constitutional Court.8 The Committee on the Elimination
of Discrimination against Women (CEDAW) recommended the immediate suspension of deportations
of pregnant or lactating women of Haitian descent, their protection from acts of violence and
discrimination, the issuance of residence permits for those who had and raised boys and girls in the
country,9 as well as the adoption of a law to prohibit all forms of discrimination against women.10
5. The State has maintained a position of denial in the face of criticism from the international
community. In reaction to the observations of the HRC, it reaffirmed that statelessness does not exist
and highlighted good practices on the issue.11 During the CEDAW session, the State affirmed that it
respects the rights of pregnant women and minors in the context of immigration operations12.
Regarding the implementation of Law 169-14, before the IACHR, the State recognised that the
“solutions have not been perfect and have had setbacks and continue to have them”13. However, it
stated that there is no discrimination in medical care and justified the deportations of pregnant
women.14. Finally, in response to the complaint made by the IACHR about the people affected by
Sentence TC/0168/13, the Ministry of Foreign Affairs rejected these accusations and alleged that “the
historical and legal context” was not being adequately considered by the IACHR.15 We reiterate our
commitment to dialogue and cooperation with the IACHR to address the challenges related to
nationality in the Dominican Republic.
II.
International obligations on the right to nationality and statelessness
5
UN – Human Rights Council. Report of the Working Group on the Universal Periodic Review – Dominican Republic. UN Doc.
A/HRC/41/16. April 18, 2019. Paras. 94,178, 94,179, 94,181, 94,183, 94,185, 94,186, 94,187, 94,188, 94,189, 94,190, 94,191.
6
Ibid. Q.5.
7
IACHR. Annual Report 2022. Chapter IV.a. Development of human rights in the region. OAS/Ser. L/V/II. Doc. 50 rev.1. April 1,
2023. Para. 668.
8
IACHR. Press release no. 232/23. “Dominican Republic: IACHR urges the State to eradicate statelessness”, September 29, 2023.
Available at: https://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2023/232.asp
9
UN - CEDAW. Concluding observations on the eighth periodic report of the Dominican Republic. UN Doc. CEDAW/C/DOM/CO/8.
Para. 12.
10
Ibid. Para. 10(a).
11
UN – Human Rights Committee. Information received from the Dominican Republic regarding the follow-up to the concluding
observations on its sixth periodic report. UN Doc. CCPR/C/DOM/FCO/6. July 15, 2021. Paras. 8 and 10.
12
UN – CEDAW. Summary record of the 1869th meeting - Consideration of reports submitted by States parties under article 18 of
the Convention: Eighth periodic report of the Dominican Republic (continued). UN Doc. CEDAW/C/SR.1869. February 28, 2022.
Para. 51.
13
IACHR. Situation of human rights of migrants and their families in the Dominican Republic. Thematic hearing. 183rd session.
Thursday March 17, 2022.
14
Ibid.
15
Acento, “Chancellery 'strongly' expresses rejection of IACHR accusations”, September 29, 2023. Available at:
https://acento.com.do/actualidad/cancilleria-expresa-contundente-rechazo-a-las-acusaciones-de-cidh-9251443.html
2