Dominican Republic’s Racist Treatment: Upholding the Right to Nationality

Amnesty International Calls for an End to Structural Racism and Denationalization in the Dominican Republic

Introduction

Amnesty International has urged the Dominican Republic to address the issue of structural racism and denationalization that disproportionately affects tens of thousands of people of Haitian descent. As the tenth anniversary of the judgment that formalized the denationalization of children of people with irregular migratory status approaches, the organization highlights the need for the Dominican authorities to recognize the rights of those affected and dismantle the system of discrimination.

The Background of the Issue

In 2010, the Dominican Republic reformed its constitution to stipulate that individuals born on Dominican territory to parents with irregular migratory status would not acquire Dominican nationality. Three years later, the Constitutional Court retroactively interpreted this reform, applying it to births between 1929 and 2010. As a result, thousands of Dominicans of Haitian descent were rendered stateless, as their birth certificates and identity documents were cancelled.

Since the 1990s, civil registry officials have made it difficult for children born to people with irregular migratory status to obtain birth registration. In 2004, the Dominican state legalized this practice, and in 2010, the constitutional reform denying automatic nationality to those born to parents with irregular migratory status came into force. This reform was the basis for the controversial Constitutional Court judgment 168-13.

A Failure to Address the Issue

Amnesty International criticizes the Dominican authorities for their inaction in addressing the harmful effects of the Constitutional Court’s ruling. The organization argues that the Dominican state has maintained a policy of denying the right to nationality to persons of Haitian descent through stigmatizing discourse, bureaucratic practices, legislative changes, judicial decisions, and the involvement of security forces. This policy has led to the arbitrary deprivation of nationality, which is prohibited under international law.

Although the Inter-American Court of Human Rights ruled in 2014 that the judgment violated the Dominican Republic’s obligations under the American Convention on Human Rights and should be annulled, insufficient measures have been taken to restore the rights of those affected. The enactment of Law 169 in 2014 created additional problems, as it required thousands of individuals who had never been able to obtain Dominican documents to declare themselves foreigners – despite being Dominican – in order to have their cases assessed. As a result, many remain stateless, lacking access to essential rights such as education, healthcare, and employment.

The Call to Action

Amnesty International calls on the Dominican Republic to restore Dominican nationality to all people born in the country before January 26, 2010, regardless of the migratory status of their parents. The organization also urges the authorities to take all necessary measures to address structural and institutional racism, which disproportionately affects individuals of Haitian descent. Furthermore, Amnesty International emphasizes the importance of upholding the right to non-discrimination and the obligation to prevent statelessness, as stated in international treaties and declarations.

Philosophical Discussion: The Ethics of Nationality and Identity

The denationalization of Dominicans of Haitian descent raises important philosophical questions regarding the rights of individuals and the role of the state in determining nationality. The denial of citizenship to individuals based on their ancestry or migratory status challenges the principles of equality and fairness.

Central to the issue is the concept of nationality itself. The right to a nationality is considered a fundamental human right, as it ensures individuals’ access to essential social and political rights within a specific state. However, the denial of nationality based on discriminatory criteria undermines this principle and perpetuates marginalization and exclusion.

Moreover, the case highlights the philosophical debate over the conceptualization of nationality. Is nationality an inherent aspect of an individual’s identity, tied to their place of birth or ancestral lineage? Or is it a social construct bestowed by the state, subject to the state’s arbitrary interpretation and manipulation?

Editorial: Addressing Structural Racism and Protecting Human Rights

The situation in the Dominican Republic demands urgent attention from both domestic and international actors. The authorities must take concrete steps to dismantle the system of structural racism and denationalization, recognizing the rights of Dominican citizens of Haitian descent. This includes restoring Dominican nationality to all individuals affected by the retroactive interpretation of the reform, regardless of their parents’ migratory status.

Additionally, the state should prioritize efforts to eliminate discrimination and provide equal opportunities for all citizens, regardless of their ethnic or migratory background. This involves revising legislation, reforming administrative practices, and promoting comprehensive anti-discrimination policies.

International organizations, governments, and civil society should actively support these efforts and put pressure on the Dominican Republic to uphold its human rights obligations. Dialogue, awareness campaigns, and capacity-building programs can serve as effective strategies in challenging deeply embedded structural racism.

Advice: Promoting Inclusive Societies and Protecting Vulnerable Populations

Countries across the Caribbean region must learn from the Dominican Republic’s example and examine their own policies towards migrants and minority populations. It is essential to ensure that constitutional reforms, migration laws, and administrative practices are inclusive and uphold the principles of equality and non-discrimination.

States should commit to the protection of vulnerable populations, including children born to parents with irregular migratory status. Birth registration procedures should be accessible and transparent, guaranteeing the right to a nationality for all individuals, regardless of their parents’ migratory status.

Furthermore, societies must engage in open dialogue on racial and ethnic identities, challenging prejudice and seeking to create inclusive communities. Education and awareness campaigns can play a crucial role in promoting tolerance and understanding among different ethnic groups.

Ultimately, the case of denationalization in the Dominican Republic highlights the need for comprehensive measures that address structural racism and protect the rights of marginalized communities. By actively working towards a more inclusive society, countries can foster harmonious and equitable coexistence.

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