On September 8th of 2005, the Interamerican Court of Human Rights (ICHR) established the international responsibility of the Dominican Republic for the violation of the right of nationality against two Dominican girls of Haitian descent. At the international level, this judgment refueled the debate about the existence of racism in the Dominican society.
At a national level, the unclear migration policy towards the Haitians and the uncertainty status of their descendants is just one element of a more complex situation from which the government and some of the strongest sectors of the economy benefit greatly.
Last October, two UN especial rapporteurs on racism and minorities visited Dominican Republic, and concluded that “while there is no official government policy of discrimination, there is nevertheless a profound and entrenched problem of racism and discrimination against Haitians, Dominicans of Haitian descent, and more generally, against blacks within Dominican society”. Furthermore, the rapporteurs highlighted “the discriminatory impact of some laws including those in regard to migration, civil status and granting Dominican citizenship to people of Haitian heritage born in the Dominican Republic”.
For several local scholars and the Supreme Court of Justice, the Dominican nationality is forbidden to Dominicans of Haitian descent. This argument also includes Haitians who have lived for several years and work de facto in the Dominican Republic, with no legal migration status.
Curiously, the Dominican Constitution establishes the jus solis principle, which states that every person born in the Dominican territory is considered Dominican with the exception of the legitimate children of foreigners residing in the country in diplomatic representation and of those who are “in transit”. Additionally, the migration regulation establishes that "in transit privileges" will be conceded to "those foreigners who try to enter the Republic with the principal intention of proceeding through the country to an exterior destination”.
At the hearings of the ICHR, some representative voices from the Dominico-Haitian civil community suggest that for several years administrative authorities have promoted the systematic denial of declarations of birth to children of Haitians who reside illegally in the country, with the intention to thwart their access to school, medical attention, and other basic needs. The reason behind the aforementioned action is the well known fact that regional competitiveness of the Dominican economy relies upon the underpaid and inhumane labor conditions of those marginal Haitian communities.
It is not a secret that Haitian immigration is a source of low cost labor that energizes the most important sectors of the Dominican economy, including the sugar plantation and the construction businesses. This situation contributes to maintain afloat an economy collapsed by corruption at the public and private levels. This is why; despite the ICHR judgment, the government has showed a lack of interest to resolve serious human rights violations against Haitians and Dominicans of Haitian descent.
With more than one year of delay, the government has complied with the compensation of the victims and the publication of the judgment in the official gazette, but has not obeyed the rest of the judgment.
The judgment compels the Dominican State, to adopt within its domestic law, the legislative, administrative, and any other measures needed to regulate the procedure and requirements for acquiring the nationality based on late declaration of birth. In other words, the ruling orders the State to take the necessary steps to comply with the provisions of article two of the American Convention. Regretfully, the lack of concern showed by the national authorities to resolve this situation reflects a public policy oriented to the opposite direction.
The situation of the immigrants and its possible solution is not part of the agenda of the actual administration and chances are it will not be in the near future since at the moment the government is immersed in a political campaign towards the celebration of presidential elections this coming May. However, decisions have to be made. For instance, the State should start by complying with the rest of the ICHR judgment, the migration status of children born in Dominican territory must be regulated and most significantly, a clear immigration policy is imperative. Otherwise, the future of thousands of Haitians and Dominicans of Haitian descent, the same who so strongly contribute to the Dominican economic development, will remain uncertain.
