Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 53
93.
94.
95.
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reinforcement) of discrimination against African descendants. At the same time,
slavery, in addition to sustaining the colonial economies for centuries in the
Americas and Caribbean, was also at the source of various forms of discrimination
and racism against persons of African descent. Attitudes of intolerance and racial
discrimination were strengthened during the process of independence in the early
nineteenth century, when the new authorities continued exclusion policies and
deliberately stigmatized and subjected indigenous and persons of African descent. 86
Despite the deep historical roots of discrimination and racism against Afrodescendants and indigenous peoples in the Americas, these problems and their
consequences and causes have been largely ignored, buried, and even denied in the
majority of the States of the Americas. A number of factors have conspired to make
discrimination and racism an invisible phenomenon in the Americas, one being the
way in which racism became engrained, both historically and culturally, from the
time of slavery and colonialism up to the present day. 87 In the Commission’s view,
while many of the manifestations of discrimination and racism that Afrodescendants and indigenous peoples still encounter in the American hemisphere can
be traced to the above-mentioned historical facts, they are also attributable to the
fact that they were never acknowledged or addressed by the States that emerged
from the independence movement and have to a large extent been rendered
invisible until recent years. As the Commission has observed, the Afro‐descendant
population in the Americas has endured a history of neglect, exclusion, and social
and economic disadvantage that impairs the enjoyment of their fundamental
rights. 88
Haiti gained its independence from France in 1804, thus becoming the second nation
of the Americas to become independent, after the United State of America in 1776.
The revolution that took place between 1791 and 1804 was aimed at abolishing
slavery and achieved it. In addition to securing Haiti’s Independence this
revolutionary process was the first and only one by black slaves. As a result of the
above, Haiti underwent a period of international isolation promoted by the
European powers, especially France, Great Britain, and the United States, which
identified the existence of a nation governed by former slaves as a threat to its slave
systems. These facts are closely related to the situation of disadvantage which has
been affecting the Haitian people ever since.
In addition to the above, historically, the bilateral ties between the Dominican
Republic and Haiti have been characterized by many tensions between both States.
After winning its independence from France, Haiti invaded the Dominican Republic
in 1822, for the purpose of putting an end to slavery there. For the ensuing 22 years,
See IACHR, Second Progress Report of the Special Rapporteur on Migrant Workers and Their Families in the
Hemisphere. 2001, para. 81.
United Nations Human Rights Council, Report of the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, Doudou Diène, and the independent expert on
minority issues, Gay McDougall, Addendum, Mission to Dominican Republic, March 18, 2008,
A/HRC/7/19/Add.5, A/HRC/7/23/Add.3, p. 2..
IACHR, The situation of people of African descent in the Americas, OEA/Ser.L/V/II. Doc. 62, December 5, 2011,
para. 21
Inter-American Commission on Human Rights | IACHR
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