A/HRC/31/77 92. As to the risk of statelessness for persons of Haitian origin born in the Dominican Republic, the Independent Expert made reference in his previous report to the judgement of the Inter-American Court of Human Rights of 28 August 2014. That Court had found Judgement TC/0168/13 of the Constitutional Court of the Dominican Republic to be in violation of the American Convention on Human Rights inasmuch as the Dominican Court had held that anyone born in the Dominican Republic after 1929 to parents who were foreign nationals in irregular immigration status was not entitled to Dominican nationality, even if that person had already acquired the right to such nationality. 93. The Inter-American Court of Human Rights found as well that some of the provisions of Act No. 169-14 of 23 May 2014 violated the American Convention on Human Rights. The Act was intended to remedy, to some extent, the situation of children born in the Dominican Republic to parents who were non-resident aliens, i.e., part of the group covered by Judgement TC/0168/13. Individuals were classed into two groups (A and B). Group A comprised those who had managed to get registered in the Dominican civil registry; group B comprised those who had not. The people in group A automatically would be considered Dominican nationals. Those in group B would have a specific time frame within which to register themselves in a special registry of aliens in order to later normalize their migration status under the National Plan for the Regularization of Aliens. Two years after being granted immigrant status, persons in group B could apply to be naturalized and acquire Dominican nationality. The Inter-American Court determined that, by considering these persons as foreigners, Act No. 169-14 was essentially retroactively depriving them of nationality. 94. The foregoing notwithstanding, the Dominican Government has continued to enforce Act No. 169-14. With regard to group A, the Central Election Board published on 25 June 2015 a list of 55,000 individuals who were invited to collect their document attesting to their Dominican nationality; the Independent Expert applauds that measure. There are, however, some persons of Haitian origin in group A whose name did not appear on the list or who, even if on the list, did not receive their document because of red tape or financial issues. These persons are currently at risk of statelessness inasmuch as they do not hold Dominican nationality and they could, because of restrictions under Haitian legislation, be impeded from acquiring Haitian nationality. 95. With regard to group B, the Dominican Government has indicated that only 8,755 persons had applied for registration in the aliens registry by the set deadline. Thousands of people in group B, most of them persons of Haitian origin, are thought not to have been able to register under the procedure set out in Act No. 169-14. These people are at permanent risk of being left stateless. They no longer have access to Dominican nationality through naturalization, nor are they guaranteed Haitian nationality. The people registered in the aliens registry are similarly at risk of statelessness until such time as they are recognized as Dominican nationals by way of naturalization. 96. Furthermore, as long as the persons in groups A and B are not considered Dominican nationals, their children will be at the same risk of statelessness. 97. The Independent Expert thus calls on the international community to take appropriate steps in order that the Dominican Republic honour its international obligations with regard to statelessness. Specifically, the Dominican Republic should be encouraged to desist from denying Dominican nationality to the persons in groups A and B and to their children in order to eliminate the risk of statelessness for persons of Haitian origin in the Dominican Republic. 98. As to the regularization of the immigration status of Haitians residing in the Dominican Republic, the Independent Expert acknowledges the good practices adopted by the Dominican Government under the National Plan for the Regularization of Aliens, as a GE.16-01946 17

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