Executive Summary | 13
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preventing them from being registered and having their Dominican nationality
certified.
The Commission notes that the denial of registration or refusing to deliver papers to
a large number of persons born in the Dominican Republic has been a widespread
practice of the Central Electoral Board over the past decades, when arbitrary
deportations and collective expulsions were also recorded. Those deportations
included persons born in the Dominican Republic, to whom the Dominican State had
recognized their Dominican nationality by issuing birth certificates to them and
national identity cards. In this context, the judgment of the Constitutional Court
represented a crucial stage in the process of denationalization conducted for
decades in the Dominican Republic, aimed at “protecting its national identity” by
arbitrarily and retroactively restricting the right to a nationality to Dominicans of
foreign descent, especially those of Haitian descent. 1
The judgement TC / 0168/13 and its effects have been the subject of much concern
and condemnation at national, regional and international level. After the commotion
generated by judgment TC/0168/13 and in response to an invitation from the
Dominican State, the Inter-American Commission conducted its sixth on-site visit to
the Dominican Republic from December 2 to 6, 2013. The purpose of the visit was to
observe the situation with respect to the rights to nationality, identity, equality and
non-discrimination, as well other rights and related issues and problems. The
Commission conducted this mission to monitor the compliance with the
international commitments the Dominican Republic has freely undertaken. During
the visit, the Inter-American Commission received troubling information concerning
grave violations of the rights to nationality, juridical personality, equality and nondiscrimination. The violations of the right to nationality, which the Commission had
been observing since its on-site visit in 1991, continue unabated. Indeed,
Constitutional Court judgment TC 0168/2013 has only made the situation worse.
During the visit, the Inter-American Commission also received deeply disturbing
reports of threats made against journalists, academics, lawyers, politicians,
lawmakers, human rights defenders, public figures and even high-level public
servants for having criticized judgment TC/0168/13 of the Constitutional Court.
These people have been called “traitors” and have been the targets of threats, and
calls to “kill the traitors” have even been made publicly. The Commission is also
concerned that intolerance and racist discourse might create an environment that
makes persons of Haitian descent even more vulnerable to various forms of violence.
The discrimination, marginalization, and segregation of persons of Haitian descent
who have been deprived of their Dominican nationality because of the Haitian
nationality of their ancestors and/or because of the color of their skin (especially
women and children), have increased their vulnerability to other forms of
discrimination, exploitation, and violation of human rights, such as the right to
personal integrity, the right to the protection of their honor, dignity, and private life,
IACHR, Preliminary observations on the IACHR’s visit to the Dominican Republic: December 2 to 6, 2013. Santo
Domingo, December 6, 2013, pp. 6-11.
Inter-American Commission on Human Rights | IACHR
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