Inter-American Human Rights Commission Visited the Dominican Republic to Measure the Impact of the Constitutional Court Ruling
December 6, 2013--During the week of December 2 to 6, 2013, the Inter-American Commission on Human Rights (IACHR) visited the Dominican Republic to verify the effects of Constitutional Court Ruling 168-13, which withdraws Dominican nationality from the sons and daughters of foreign persons born in the territory from 1929 to 2007.
6 December 2013--During the week of December 2 to 6, 2013, the Inter-American Commission on Human Rights (IACHR) visited the Dominican Republic to verify the effects of Constitutional Court Ruling 168-13, which withdraws Dominican nationality from the sons and daughters of foreign persons born in the territory from 1929 to 2007. Invited by the Dominican State, the Commission was able to verify the situation regarding the rights to nationality, identity, equality, non-discrimination, as well as other rights and problems related to its mandate.
The Commission met with representatives of the branches of government as well as with members of civil society, who presented their points of view on the scope of the new legislation, which according to figures from the State itself could affect more than 200,000 sons and daughters of immigrants, mainly Dominicans of Haitian descent.
According to the Commission: "(thousands of people) have been arbitrarily deprived of their nationality as a consequence of this Judgment. As a result, these persons have seen their right to juridical personality violated, and they live immersed in a condition of extreme vulnerability. This situation disproportionately affects persons of Haitian descent, who are also Afro-descendants and frequently identified on the basis of their skin color, constituting a violation of the right to equality and non-discrimination."
The Inter-American Commission also received information about expressions of hatred against journalists, intellectuals, lawyers, politicians, legislators, and human rights defenders who are critical of the Constitutional Court ruling, and who have been labeled as "traitors to the homeland" and have received public calls for "death to traitors," almost always made by ultra-conservative groups that promote intolerance and racist discourse.
In that regard, the organizations and personalities grouped in Dominican@s por Derecho (of which OBMICA is a member) and in the Solidarity Committee with denationalized persons organized on Thursday, December 5, an event called "Solidarity Embrace" in public support of the persons affected by the ruling. The activity, attended by 2,000 people, also served as a space to propose a Social Pact that would offer a fair, humane, and human-rights-respecting solution for the affected persons.
Finally, it is important to highlight that the guidelines of this Social Pact are consistent with the recommendations made by the Commission to the Dominican State, namely:
1) Guarantee the right to nationality of persons who already had that right under the internal regime in force between 1929 and 2010.
2) Not require persons entitled to nationality, such as those denationalized under Ruling 168-13, to register as foreigners as a requirement for the recognition of their rights.
3) Guarantee general, automatic, simple, clear, rapid, and fair mechanisms so that persons harmed by Ruling 168-13 may enjoy the right to nationality, including accessibility in economic terms, absence of discretion, and non-discriminatory implementation.
More information: