The Dominican government continues to assert that even children born of Haitian
parents who were legal permanent residents cannot be registered as Dominican nationals.
Government officials have taken strong measures against providing citizenship to persons
of Haitian descent born in the country whose parents were unable to document their legal
stay in the country. These measures included refusals to renew Dominican birth and
identity documents. The government stated that such refusals were based on evidence of
fraudulent documentation, but advocacy groups alleged that the moves targeted persons
whose parents were Haitian or whose names sounded Haitian and constituted acts of
denationalization. Thousands of Dominican-born persons of Haitian descent lack
citizenship or identity documents. The U.S. Department of State characterizes these
persons as “effectively stateless,” adopting the favored modern terminology while avoiding
the de facto and de jure categorizations from the earlier round of conventions related to
nationality (U.S. Department of State 2012a; Fullerton 2014).
Elsewhere in the Americas, examples of “effective statelessness” include individuals
who lack any documentation to prove the location of their birth, and those who migrate to
or seek refuge in another country that does not recognize them. Indigenous populations
within Latin America are particularly susceptible to these problems. Civil conflicts
exacerbate such problems, with large numbers of persons displaced by civil conflicts facing
effective statelessness, despite eligibility for protection as refugees (see Lawrance, this
volume).5 Several nations in Latin America have encountered significant numbers of
refugees fleeing civil conflicts in Colombia and elsewhere. Some of these displaced persons
seek regularization of their status by refugee applications in host countries, but many do
not. In Brazil, for example, 17,500 unregistered Colombian refugees were thought to be
8
Electronic copy available at: https://ssrn.com/abstract=3150558