After the Haitian earthquake, the Dominican Republic (DR) showed considerable solidarity with the Haitian victims, and relations between the countries improved. However, since March the DR has been deporting Haitians without due process. Improved relations with Haiti have not made the situation better for Dominicans of Haitian descent either. Since 2007, the Dominican authorities have been stripping them of their Dominican nationality, leaving many people functionally stateless.
Current Humanitarian Situation
Up until January 2010 the Dominican constitution stated that all children born on DR territory were DR citizens except for children of people “in transit.” Never applied consistently, in the past few years the government has been totally violating this right to nationality. In 2004 the DR passed a new migration law which redefined "in transit" as not being a legal resident. This contradicts an Inter-American Court of Human Rights decision which confirmed that “in transit” cannot be defined this way.
In 2007, the Dominican government issued Circular 17 and Resolution 12, which authorized the provisional suspension of identity documents issued “irregularly” to children of foreigners “who had not proved their legal status.” In practice, this means people born in the DR and issued birth certificates and identity documents are unable to use them for essential activities requiring proof of citizenship such as obtaining a passport, enrolling in school exams or college, getting married, or registering their child’s birth. In addition, the 2004 Migration Law is being illegally applied retroactively, leaving an increasing number of Dominicans of Haitian descent functionally stateless. Despite the over-simplified claims made by the Dominican government, not all Haitian descendents who live in the DR have access to Haitian nationality. In addition, many Dominicans of Haitian ancestry have no connection to Haiti.
In January 2010 the DR amended the nationality provisions of its constitution. Now, at least one parent must be a legal resident in order for their child born in the DR to automatically acquire citizenship. Yet the children of parents who are legal residents with official documents are still being denied birth registration when civil registry officials decide that their parents “are Haitian.”
Actions Needed
- The Dominican government should revoke Circular 17 and Resolution 12.
- The international community, particularly the United States, should hold the Dominican government to its international legal obligations, including compliance with the decisions of the Inter-American Court of Human Rights.
- The Dominican government should implement a regularization program for foreigners who have lived for extended periods in the DR.
