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Haiti - Social : A resolution with heavy consequences...
01/10/2013 13:49:06

Haiti - Social : A resolution with heavy consequences...
Following an appeal of a citizen born of Haitian parents, who claimed to have been a victim of "denationalization" [loss of Dominican citizenship], Dominican Constitutional Court issued a landmark decision, designed to put things in their place irreversibly.

Through a resolution adopted on 25 September 2013 at Santo Domingo and released on September 26, the Constitutional Court does not recognize the Dominican citizenship to tens of thousands of people born in the Dominican Republic of foreign parents since 1929.

The court based its decision on the immigration status of the parents of these people when reporting the birth of their children, arguing that if the parents were then in "transit" or did not have a paper of legal residence, they did not have the right to register their children as Dominicans.

This decision is based on Article 11 of the Dominican Constitution, which states that any person born in the territory has the right to nationality, except children of diplomats and people in transit. It is on this definition of transit, that decision was adopted. A final decision, which grants a year to the Central Electoral Junta to compile a list of persons whose Dominican nationality will be removed.

This measure applies to all foreigners, regardless of origin, concerns more particularly the descendants of Haitians because of their estimated number more than 200,000, while the number of children born to parents of other nationality in the same situation, would be about 35,000. A decision that will affect several generations of men and women who all their lives were part of the Dominican people and contributed to its material, cultural and spiritual development.

This provision of the Constitutional Court leading to the denationalization of tens of thousands of Dominican citizens, who enjoyed their documents will contribute to worsen the human rights situation of many people of Haitian descent, which will be now without protection of any state and without documents Haitian will become stateless.

Roberto Rosario, President of the Central Electoral Junta recalled that the Dominican government never refused anyone the right to acquire Dominican nationality provided the persons concerned meet the requirements of the plan of legalization of their status.

In response to the decision of the Constitutional Court of the Dominican Republic, Haiti's Ministry of Foreign Affairs stated that the Haitian government has decided to recall in consultation its ambassador in Santo Domingo, Dr. Fritz N. Cinéas, The Chancellery is deeply concerned by the decision and will set the position of the Government of Haiti as soon as possible.

S/ HaitiLibre

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