Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 117 those persons classified as Group B under Law 169-14, the Dominican authorities reported that 8,755 had applied to be registered in the Foreigners’ Book, which will enable them to have residency immigration status in the country. Those persons who fall into this group and who, after being listed in the Foreigners’ Book, have had their status regularized under the National Regularization Plan, may opt for regular naturalization two years after receiving some immigration classification. 274 2. 272. The stateless condition of persons of Haitian descent As for the danger that statelessness poses, the Constitutional Court held that “based on the commentary regarding the status of foreigners in transit under Dominican law, persons born in the Dominican Republic whose parents are foreigners in transit, would only acquire Dominican nationality when they have no claim to any other nationality, in other words, when they are rendered stateless. This rule is based on the provisions of Article 1 of the Convention on the Reduction of Statelessness; Article 7 of the Convention on the Rights of the Child, ratified by the Dominican Republic on June 11, 1991, and Article 24 of the International Covenant on Civil and Political Rights.” 275 In reference to the case sub examine, the Constitutional Court wrote the following: However, none of the aforementioned international mandates applies to the case before us or to any other case that is either similar or the same. In effect, the Dominican Republic’s refusal to confer its nationality upon the children of foreigners in transit can never lead to statelessness. In the particular case of children of Haitian parents in transit, it is important to point out that Article 11(2) of the 1983 Haitian Constitution, which applies here, expressly stipulates that all individuals born abroad to a Haitian father and mother shall obtain Haitian nationality by birth: “A Haitian by birth is (…) 2.- Any individual born abroad to a Haitian father or mother”. 276 273. The Constitutional Court therefore ruled that as the daughter of Haitian parents, Mrs. Juliana Deguis Pierre would be entitled to Haitian nationality by virtue of the principle of jus sanguinis, and would thus not be left stateless and there would be no violation of Article 20(2) of the American Convention. 277 274. In its observations on the present report, with reference to the obligation of not fostering statelessness, the Dominican State contended that it does not foster statelessness and that “this obligation is not exclusive to the Dominican State, but also pertains to the Haitian State, which is apparently not being subject to the same 274 275 276 277 Dominican Republic, Discurso de Danilo Medina, Presidente de la República Dominicana, en el marco de la XLV Cumbre del Sistema de Integración Latinoamericano (SICA) [Address delivered by Danilo Medina, President of the Dominican Republic, at the XLV Summit of the Latin American Integration System (SICA)]. Guatemala, June 26, 2015; Address by Andres Navarro, Foreign Minister of the Dominican Council, before the OAS Permanent Council, Washington, June 30, 2015. Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013. pp. 75-76. Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013. p. 76. Dominican Republic, Constitutional Court, Judgment TC/0168/13. September 23, 2013. p. 77. Inter-American Commission on Human Rights | IACHR