Chapter 2 The Right to Nationality and Judgment TC/0168/13 of the Constitutional Court | 87 195. Members of Group B, or in other words, children born on Dominican soil to foreign parents in an irregular migratory situation and whose names are not listed in the Dominican Civil Registry, they may be listed in the foreigners’ book contemplated in General Immigration Law No. 285-04, provided the fact of their birth is reliably supported by the means established in the rules governing this law. Once these people born on Dominican soil are listed in the foreigners’ book, they are to apply for the National Plan to Regularize Foreigners in an irregular migratory situation. After a period of two years, these people may apply for Dominican citizenship through regular naturalization. 196. The Ministry of the Interior and Police is the government agency responsible for implementing Decree No. 250-14 and for processing applications to be listed in the book in which the births of foreigners are recorded. While the Ministry’s estimate that the number of persons born in the country who could take advantage of the procedure established by Decree No. 250-14 was between 110,000 and 145,000, according to what President Medina reported only 8,755 persons had been recorded in that process. 202 C. Principal concerns and standards regarding the right to nationality of Dominicans of Haitian descent and judgment TC/0168/13 197. Practices, laws, and court rulings based on discriminatory criteria - such as the national origin of their ancestors, skin color, command of Spanish language, or surnames- to strip Dominicans of Haitian descent of their Dominican citizenship have left these persons in a situation of extreme vulnerability in terms of their right to nationality, a situation the Commission has been monitoring since the early 1990s. Throughout this period, the Commission has observed how the arbitrary denial of nationality in the case of Dominicans of Haitian descent, the fact that they find themselves stateless in their own country, the lack of a lasting solution that fully restores their right to citizenship, and the other rights that have been violated as a result of being denied their rights to nationality and legal personality, have left Dominicans of Haitian descent with an ever-present sense of frustration and uncertainty that has lasted for years and has even been passed down from one generation to the next. 202 Dominican Republic, Discurso de rendición de cuentas del Presidente Danilo Medina ante la Asamblea Nacional [State of the Nation address delivered by President Danilo Medina before the National Assembly], Santo Domingo, February 27, 2015. Inter-American Commission on Human Rights | IACHR

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