132 | Report on the Situation of Human Rights in the Dominican Republic all those who were not considered nationals of any other State, pursuant to its legislation. 327. In the Commission’s view, the Constitutional Court’s interpretation of the term “foreigners in transit” and the retroactive effect the Court gave that interpretation have led to an unreasonable, discriminatory and disproportionate result by considering as “foreigners in transit” Haitian immigrants who have lived in the Dominican Republic for 30, 40, or 50 years and who, for that reason, have developed personal, family, and social ties with the Dominican State. 314 328. The situation of vulnerability of Dominicans of Haitian descent as a result of the arbitrary deprivation of their Dominican nationality and their juridical personality requires the Dominican State to implement all necessary policies and measures to overcome that situation of vulnerability and to improve the conditions of this population group, so that its members may be guaranteed their right to nondiscrimination, respecting and ensuring their rights as recognized in the American Convention. 329. The process of denationalization of persons born in the Dominican Republic of Haitian migrant parents in an irregular situation has shown that the actions of diverse Dominican officials have been aimed at changing and reinterpreting the scope of the constitutional provision, in effect without interruption since the Constitution of June 20, 1929, on the acquisition of Dominican nationality through application of the principle of jus soli, first of all likening foreigners in transit to migrants in an irregular situation and, since the 2010 Constitution, expressly including as persons ineligible to acquire Dominican nationality, in addition to the children of foreigners in transit, the children of migrants in an irregular situation residing on Dominican soil. Along these lines, the Commission notes that the criterion established in judgment TC/0168/13, as well as the measures adopted to implement that judgment, come to constitute a crucial stage in this type of historical revisionism promoted by the Dominican authorities. 330. The Commission is of the general view that Dominicans of Haitian descent must have their Dominican nationality fully restored and must be guaranteed the effective enjoyment of all their human rights, without any form of discrimination, as would be the case for any Dominican national. 331. In light of the foregoing conclusions, the Inter-American Commission on Human Rights makes the following recommendations to the Dominican Republic: 1. 314 Adopt, within a reasonable period of time, the necessary measures to nullify any norm of any kind, whether constitutional, legal, regulatory, or administrative, as well as any practice, decision, or interpretation, that establishes or has as a result that the irregular status of foreign parents will National Coalition for Haitian Rights. Beyond the Bateyes: Haitian Immigrants in the Dominican Republic, 1996, pp. 23 and 24. Organization of American States | OAS

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