120 | Report on the Situation of Human Rights in the Dominican Republic 20(2) of the American Convention. 285 This obligation also applies in the hypothesis that the parents cannot (owing to the existence of facto obstacles) register their children in the State of their nationality. 286 280. In analyzing whether those affected by the judgment TC/0168/13 are stateless, the Commission should be limited to countries with which these people have a relevant link. In this sense, the birth in the territory of a State and national birth father or mother are the most important criteria used to establish the legal bond of nationality. In this case, it has established a link with the Dominican Republic, since those affected were born in its territory, and Haiti, by descent. Then the Commission will examine whether this population may be regarded as nationals of Haiti. 281. The criteria for acquisition of Haitian nationality in effect at the time of Mrs. Juliana Deguis Pierre’s birth appeared in Article 11 of the 1983 Constitution, which read as follows: Haitians by birth are: Any individual born in Haiti of a Haitian-born father or mother; Any individual born abroad of a Haitian father and mother; Any individual born in Haiti to a foreign father or, if the foreign father does not recognize the child, of a foreign mother provided she is a descendant of the black race. Subsequent recognition by a foreign-born parent shall not cause the loss or in any way alter the condition of Haitian by birth. 282. In the 1987 Constitution a similar provision was introduced in Article 11. Nevertheless the Commission notes that following the birth of Mrs. Juliana Deguis, changes were made to the Constitution and laws in Haiti that altered the nationality status of persons born under the 1983 Constitution. The first was the Decree on Haitian Nationality, issued in November 1984, 287 which spells out specific grounds for losing Haitian nationality. Article 26.- Haitian nationality shall be lost : [...] 3. In the case of a conflict of nationality, either by expressly choosing or actively exercising a foreign nationality. 288 283. Haitian authorities continue to enforce the Decree on Haitian Nationality, even though the nationality clauses that were the basis for its adoption changed 285 I/A Court H.R. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28, 2014. Series C. No. 282. para. 261. UNHCR Executive Committee, Guidelines on Statelessness No. 4 of 21 December 2012, para. 26. This must also be determined based on whether it can reasonably be expected that a person takes measures to acquire nationality in the circumstances of his or her specific case. For example, the children of refugees, see para. 27. VONK, Olivier W., Nationality Law in the Western Hemisphere: A Study on Grounds for Acquisition and Loss of Citizenship in the Americas and the Caribbean. Brill I Nijhoff, 2014, p. 247. Republic of Haiti, Décret sur la Nationalité Haïtienne [Decree on Haitian Nationality], November 6, 1984, Article 26. 286 287 288 Organization of American States | OAS