CHANGING THE GROUND RULES
Before birthright citizenship was abolished, the Dominican Constitution stated that anyone born in the country
was a citizen, with the exception of children born to people “in transit,” a term generally interpreted to mean those
in the country fewer than 10 days. The first of the changes passed in 2004 redefined “in transit” to mean those in
the country illegally. A year later, the Dominican Supreme Court upheld the 2004 law as constitutional.
Six years later, the Dominican government revised its Constitution to further limit citizenship. Since Jan. 26, 2010,
citizens must prove they have at least one parent of Dominican nationality to be recognized. At the same time,
the Junta Central Electoral, which oversees the civil registries, issued an order known as Circular 17, which directs
government employees not to give duplicates of birth certificates and other identity documents if they have any
reason to believe the person should not have Dominican citizenship.
According to Gamboa, this means the JCE “decides …if you are worthy of your documentation” and has led to
the targeting of people with French-sounding last names and dark skin.
That’s what Modesta Michel believes happened to her. Michel applied for her national ID card when she turned
18 in 2007. Cédulas are issued at age 18 and must be renewed every six years or when the government issues a
new version. At first, all went well. She had an approved copy of her birth certificate, and the civil registry office
approved her cédula, giving her a receipt that verified the information that would appear on her identification
card. But then she was told that she would not get the official, laminated card after all because her parents immigrated from Haiti, she said. And shortly after, when she needed a copy of her birth certificate to take the national
test for a high school diploma, that, too, was denied, she said.
“Every year goes by, and I sometimes feel like hope is going away, but I have to trust God that eventually this
will get solved because studying is the only way that I can actually move forward in life,” Michel said through a
translator. “It’s the only option that I have.”
MOUNTING CHALLENGES
[…] The Open Society Justice Initiative and other human rights organizations have begun fighting the changes in
court.
[…] More recently, they’ve taken up the case of Emildo Bueno. Born in the Dominican in 1975, he had several
citizenship documents, including a birth certificate and passport. Even so, in 2007 when Bueno went to obtain a
copy of his birth certificate for a visa to join his wife in the U.S., he was turned down because his parents were
Haitian nationals.
With Rodríguez, the Dominican human rights attorney, representing him, Bueno took his case to a Dominican
national court in 2008, claiming a violation of his basic human right to nationality. The case was unsuccessful.
“In spite of all evidence and proof and the fact that legally I was good, the judge took a decision against me,”
Bueno said in Spanish.
He submitted an appeal to the Dominican Supreme Court in 2009, but the court has yet to rule. Meanwhile,
Francisco Quintana, a deputy program director and litigator for the Center for Justice and International Law, has
submitted the case to the Inter-American Commission on Human Rights.
Gamboa said a favorable ruling from the international could draw attention to the problem and pressure the
Dominican government into changing its policies.
“At the end of the day, it will be political pressure that will bring the result we expect, which is the recognition of
nationality of people of Haitian descent,” she said.
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