A/HRC/28/82
the damage suffered and corresponding compensation, identify those responsible and halt
the epidemic, among other actions.
82.
With regard to the issue of statelessness, the Independent Expert is following closely
the progress of talks between the Haitian and Dominican authorities. He had hoped to meet
with the Minister for Haitians Living Abroad, but that was not possible during the mission
in July 2014.
83.
In October 2014, the Inter-American Court of Human Rights made public its
judgement of 28 August 2014 in which it found Judgement TC/0168/13 of the
Constitutional Court of the Dominican Republic to be in violation of the American
Convention on Human Rights. According to Judgement TC/0168/13, which had been
issued one year earlier, all persons born in the Dominican Republic after 1929 of parents
who were foreign nationals were deemed illegal aliens and did not have the right to
Dominican nationality. The Inter-American Court of Human Rights rejected the Dominican
court’s decision, thus confirming the position taken by several other international bodies,
including the Office of the United Nations High Commissioner for Refugees, UNICEF, the
Inter-American Commission on Human Rights and the Office of the United Nations High
Commissioner for Human Rights, who had declared that this decision was not in
conformity with international obligations (A/HRC/25/71, para. 79).
84.
The Inter-American Court of Human Rights concluded that Judgement TC/0168/13,
given its general scope, did not comply with the obligation assumed under article 2 of the
American Convention on Human Rights to adopt national legislation with regard to the
rights — recognized in the Convention — to juridical personality (art. 3), to a name (art.
18) and to nationality (art. 20) and, in connection with those rights, the right to identity and
the right to equal protection under the law (art. 24); it also failed to respect the obligations
set forth in article 1, paragraph 1, of the Convention.21 The Dominican Republic was thus
obligated to take action within a reasonable time frame to ensure that the aforementioned
acts cease to have any legal force or effect.22
85.
The Inter-American Court accordingly ordered the Dominican Government to take
all necessary steps, within a reasonable time frame, so that Judgement TC/0168/13 and the
provisions of articles 6, 8 and 11 of Act No. 169-14 would cease to have legal force and
effect, pursuant to paragraph 468 of the judgement. 23
86.
This finding of the Inter-American Court of Human Rights should have provided the
necessary basis for action by the Haitian Government vis-à-vis the Dominican authorities to
ensure the protection of the rights of persons of Haitian origin living in the Dominican
Republic. Regrettably, the Constitutional Tribunal of the Dominican Republic issued an
opinion stating its disagreement with the decision of the Inter-American Court and
declaring, on 4 November 2014, the unconstitutionality of the instrument acknowledging
the competence of the Inter-American Court that had been signed by the President of the
Dominican Republic on 19 February 1999.24 This could mean an eventual repudiation by
that country of the jurisdiction of the Inter-American Court of Human Rights and the
human rights protection system built around the American Convention on Human Rights.
21
22
23
24
16
Inter-American Court of Human Rights. Case of Expelled Dominicans and Haitians v. Dominican
Republic, judgement of 28 August 2014 (Preliminary objections, merits, reparations and costs), Series
C 282, para. 325. Available (in Spanish only) at http://corteidh.or.cr/docs/casos/articulos/seriec_282
_esp.pdf (consulted 26 January 2015).
Ibid., para. 468.
Ibid., para. 512, point 18 of the judgement.
Dominican Republic, Constitutional Tribunal, Judgement TC/0256/14, 4 November 2014. Available
(in Spanish only) at www.tribunalconstitucional.gob.do/sites/default/files/documentos/Sentencia%20
TC%200256-14%20C.pdf (consulted 26 January 2015).
GE.15-02042
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents