33.
In the Dominican Republic, persons of Haitian descent who have been identified throughout this
submission face serious consequences as a result of their lack of identity documents or of a
nationality. These individuals face widespread discrimination and the denial of their rights to move
freely within and outside of the country, participate in political life, marry, study, work in the formal
economy, and receive medical assistance, among other human rights violations.87 Furthermore,
without identity documents, it is nearly impossible to apply for insurance, open a bank account,
obtain a passport, receive a certificate of good conduct from the police, or submit a complaint to
the authorities if a human rights violation is committed.88
34.
The Committee on the Rights of the Child and the IACHR highlighted the effect that the denial of
the right to a nationality can have on children’s education and their resulting future opportunities.
The Committee stated its concern that “children who lack a birth certificate and children of Haitian
descent who lack official documentation [are] not being allowed to take the national examinations
required to graduate from primary and secondary education.”89 During the IACHR’s most recent
visit to the Dominican Republic, 620 people of the 3,342 who provided information reported cases
where they themselves or their family members faced obstacles in enjoying the right to an
education due to their lack of identity documents.90 Furthermore, knowledge of future obstacles in
accessing and completing secondary education can act as a deterrent for many children to complete
or even attend primary school.91
35.
Due to the fact that people who do not have identity documents cannot register the birth of their
own children in the Dominican Republic, the absence of a recognized nationality is transmitted to
their children, creating intergenerational statelessness. The Committee on the Elimination of
Discrimination against Women noted in its most recent report on the Dominican Republic that the
exception to the principle of jus soli for foreigners “in transit” has been applied in an excessively
broad and systematic manner, to the detriment of women of Haitian descent and their children
who cannot receive Dominican nationality at birth.92 Furthermore, women and girls of Haitian
descent who have been denied their identity documents are especially vulnerable to violence and
marginalization in many forms, including forced prostitution, human trafficking, and underage
marriage.93 As a result, women and girls of Haitian descent face marginalization and human rights
abuses in multiple forms.
36.
Additionally, due to the denial of the right to work and the systematic exclusion from access to
banks, credit, and social security, those denied the right to a nationality are more likely to live in
87
Centro para la Observación Migratoria y el desarrollo en el Caribe. “Género y el riesgo de apatridia para la población de
ascendencia haitiana en los bateyes en la República Dominicana”. OBMICA. Editora Búho: República Dominicana. Diciembre de
2017. Pág. 114.
88
Id.
89
Concluding observations on the combined third to fifth periodic reports of the Dominican Republic. Paragraph 57.
90
Situation of Human Rights in the Dominican Republic. Page 163.
91
Country Report on Human Rights Practices for 2017. United States Department of State: Bureau of Democracy, Human
Rights, and Labor. Page 19.
92
Concluding observations on the sixth and seventh periodic reports of the Dominican Republic. Paragraph 30.
93
“Género y el riesgo de apatridia para la población de ascendencia haitiana en los bateyes en la República Dominicana.” Pág
114.
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