Chapter 3 Right to Equality and Non-Discrimination of Dominicans of Haitian Descent | 143
birth; vulnerability; or any other condition of the children or adolescents; their
parents, representatives or guardians; or their family members.
348. In regard to labor issues, the Labour Code provides in principle VII that "any
discrimination, exclusion or preference based on sex, age, race, color, national
extraction, social origin, political opinion, trade union membership or religious belief
is prohibited, unless otherwise provided by law for protection to the worker. Any
distinction, exclusion or preference based on the inherent requirements of a
particular job are not included in this prohibition. "
349. In turn, with regard to education, the General Education Law No. 66-97, article 4
recognizes the right to education as a permanent and inalienable human right, which
must be guaranteed without any type of discrimination, such as distinctions by
nationality, race, sex, creed, economic and social position or of any other nature.
350. However, the Inter-American Commission observes that the Dominican Republic
does not have a General Antidiscrimination Law.
C.
Main concerns and standards on the forms of
discrimination affecting Dominicans of Haitian descent
as a result of Judgment TC/0168/13
351. According to information provided by civil society, in the Dominican mindset “blacks
are Haitians” and “Haitians are illegal.” 327 Consequently, when speaking about
persons of African descent or blacks, Dominicans do not classify themselves as such
but rather according to different skin-color categories, which range from light
Indian, dark Indian, dark, mulatto, etc. The information collected by the IACHR
indicates that there is a general lack of awareness about the African roots of
Dominican identity. Thus, the practices of the civil registers, circulars, resolutions,
laws, and judgments whose main effect has been to deny Dominican nationality to
persons of African descent in order to preserve “Dominican identity” were
denounced and documented.
352. By ordering the administrative transfer of all birth certificates of persons whose
parents may have been “in transit” to the book of foreigners, judgment TC/0168/13
has a disproportionate effect on a clearly identifiable population group, Dominicans
of Haitian descent. This is obviously because the Haitian population constitutes the
largest group of immigrants in the Dominican Republic. In response to questions
about how these “irregular” certificates were identified, various organizations told
the Commission that Civil Registry officials had said that they identified the persons
“by surnames that sounded Haitian” or by their “Haitian appearance or accent” when
said persons went to the Civil Registry to request copies of their documents.
327
Information presented by civil society in meeting with IACHR in Santo Domingo, Dominican Republic, 2
December 2013.
Inter-American Commission on Human Rights | IACHR
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