24. The Commission will now examine if the petition meets the admissibility requirements set
out in Articles 46 and 47 of the American Convention.
B.
Requirements for Admissibility
a.
Exhaustion of domestic remedies
25. Article 46(1)(a) of the Convention stipulates that:
1. Admission by the Commission of a petition or communication lodged in accordance with
Articles 44 or 45 shall be subject to the following requirements:
a. that the remedies under domestic law have been pursued and exhausted in accordance with
generally recognized principles of international law;
26. The Commission has repeatedly referred to the “supplemental or complementary” nature
of the inter-American human rights protection system. This rule allows states to resolve
matters within their own legal framework before being faced with any international
proceedings.
27. In the case under consideration, the petitioners claim to have reported the human rights
violations to the competent authorities. Nonetheless, the attempted use of domestic remedies did
not prove fruitful.
28. The State, on the other hand, disputes the facts as presented by the petitioners in regard to
exhaustion of domestic remedies. The State claims that domestic procedures are still available
and thus domestic remedies have not been exhausted.
29. The petitioners claim to have exhausted all remedies available domestically once they applied
for belated declarations of birth for Dilcia Yean and Violeta Bosica in Sabana Grande de Boyá,
province of Monte Plata, on 5 May 1997. They point out that in order to register the minors, both
mothers submitted their identity cards and proof that the girls were born in the Dominican
Republic. The petitioners state that after the Civil Registry official refused to authorize issuance of
belated declarations of birth for the minors, they appealed the case to the Procurator of the
Monte Plata District, requesting him to order that the girls’ births be entered in the Civil
Registry. On 20 July 1998, the Procurator denied their request, saying that proper
documentation had not been provided and that proper procedures had not been followed.
30. The petitioners state that during their attempts to register the girls, they were asked to
submit a number of documents that in their opinion were irrelevant to showing that the girls were
in fact born in the Dominican Republic. Moreover, they maintain that most Haitian-Dominicans
would find it impossible to produce all the documents required. 4
4 The documents that the JCE requires for a belated declaration of birth are:
1. A statement from the mayor (if born in a rural area) or a certificate from the clinic or hospital in which the child
was born.
2. A certificate from a church or parish stating that child was or was not baptized.
3. A school certificate if the person is pursuing studies.
4. A certificate from the Civil Administration Offices corresponding to the place of birth.
5. Copies of the identity and voter registration cards of the parents (and if deceased, copies of the death
certificates).
6. If the parents are married, copy of their marriage certificate.
7. A sworn statement (Form OC-25) signed by three witnesses over 50 years of age, who have identity and voter
registration cards (new identity card) and are capable of signing their names.
8. Copies of the identity and voter registration cards of the witnesses.
9. A letter addressed to the President of the JCE requesting a belated declaration of birth.
10. A letter addressed to the President of the JCE requesting a certificate stating whether or not the person has an
identity card. If the person in question has reached 20 years of age, another certificate stating whether or not
an identity card has been issued must be obtained at the El Huacalito Building, National District (Old identity
card, 2nd floor).
4