A/HRC/26/15
95.
The ruling stated that, from 1929 to date, all persons born in the Dominican
Republic are nationals of the country with two exceptions: the children of accredited
diplomats, in line with the Vienna Convention on Consular Relations, and the children of
persons in transit and of foreigners who are irregularly in the country. Therefore, the
delegation concluded that the ruling could not be retroactive, as the rule only referred to
laws that had been in force since 1929.
96.
Regarding Germany’s question on the support provided to persons without
documents to prove their migratory status, the delegation noted that the Government had
established, by Presidential Decree 327-13, the national plan for the regularization of
foreigners in irregular migration situations, which sought to regularize those foreigners
living without a legal status. An easy and free-of-charge procedure had been established so
that in the next 18 months those interested could register and present documents showing
they have links with Dominican society and that they had economic roots. According to the
2012 immigrants survey, there were nearly half a million foreigners: a majority did not
have a legal status and more than half did not have identity documents from their country of
origin. As a guarantee for foreigners, the Government had forbidden any deportations for
those who had requested to be covered by the plan during its implementation.
97.
The delegation finally expressed its satisfaction for being able to present the report
and assured that all the recommendations would be taken into account, trusting that, with
the assistance of various countries, the Dominican Republic could ensure that human rights
were established definitively as the main guide for a life with dignity.
II. Conclusions and/or recommendations**
98.
The following recommendations will be examined by the Dominican Republic
which will provide responses in due time, but no later than the twenty-sixth session of
the Human Rights Council in June 2014:
98.1.
Consider ratifying those international human rights instruments to
which it is not yet a State party (Nicaragua);
98.2.
Ratify those international human rights instruments to which it is not
yet a party, such as the Second Optional Protocol to the Covenant on Civil and
Political Rights, the International Convention for the Protection of All Persons
from Enforced Disappearance and the Optional Protocol to the Convention on
the Rights of the Child of 1989 (Spain);
98.3.
Ratify the Optional Protocol to the ICESCR; the Second Optional
Protocol to the ICCPR; the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
the International Convention for the Protection of All Persons from Enforced
Disappearance; and, finally, the Optional Protocol to the Convention on the
Rights of the Child on a communications procedure (Portugal);
98.4.
Consider accession to the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Ukraine);
98.5.
Ratify the OP-CAT and to take policy measures to prevent torture
and ill treatment (Estonia);
** The conclusions and recommendations have not been edited.
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