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
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