Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 57 irregularly, having been recruited by “buscones” 108 (street agents or “seekers”) who –sponsored by the CEA and with the cooperation of the military and immigration authorities- illegally brought in Haitian workers to work in the sugar industry. 109 105. As an additional factor, historically the Dominican State failed to supply many migrant workers with the proper documentation (immigration permits and alien identification cards), the result being that these individuals, who were regularly working for the State, had only a “ficha” (employee card). The CEA issued these cards, which in practice served unofficially as the migrant workers’ identification documents during their stay in the Dominican Republic. 106. The difficulties that the Haitian migrant workers had with the Spanish language – many spoke Creole and/or French; the discrimination they encountered by virtue of their nationality and race; and their reliance on their employers for basic services like housing, health and education; meant that Haitian migrant workers were the victims of intensive labor exploitation and deplorable living conditions in the bateyes. Haitian migrant workers accepted these exploitative working conditions on the sugar plantations and the poor living conditions in the bateyes since these jobs were often their main hope of survival. Lack of better employment conditions in their country of origin, these workers depended on the jobs they found in the Dominican Republic. 110 107. In fact, the creation of new nuclear families on Dominican territory was the natural consequence of the flow of Haitian migrants into the Dominican Republic in the XIX and XX centuries. In the period between the 1929 Constitution and the 2002 Constitution, the Dominican State consistently recognized all persons born in its territory as Dominican citizens; in the case of the children of migrants, citizenship was only denied to those born of migrants in transit in the Dominican Republic. Thus, as a result of the influx of migrants workers in the sugar industry, most of whom were Haitian-born, new generations of Dominican families sprang from foreign-born parents. 2. The roots of racial discrimination in the Dominican Republic 108. The Commission observes that while colonialism and the struggle for Dominican independence were factors that contributed to racial discrimination in the Dominican Republic, it is important to highlight that between 1930 and 1961, the 108 109 110 Haitian workers on the sugar plantations of the Dominican Republic (Vol. LXVI, 1983, Series B, Special Supplement); and OBMICA (Natalia Riveros), p. 41. Buscones is the term used in the Dominican Republic to refer to those persons who offer their services to perform various functions swiftly, either legally or illegally –often by bribing State agents- in exchange for economic compensation. Buscones operate in a number of areas. For purposes of this report, these could include persons assigned to: a) recruit and transport irregular Haitian migrants into the Dominican Republic, b) obtain identification papers at the registry offices, or c) secure the release of some migrants in immigration detention. IACHR, Annual Report of the Inter-American Commission on Human Rights 1991. OEA/Ser.L/V/II.81 Doc. 6 rev. 1, February 14, 1992, pp. 280 and 287. OBMICA (Natalia Riveros), p. 19. Inter-American Commission on Human Rights | IACHR

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