5
the date of its notification. More than four years have elapsed since the end of this period and
this operative paragraph is yet to be fully complied with. Therefore, the Court deems it of
great importance that the State takes all necessary and conducive steps so as to hold this
public act as soon as possible, pursuant to the Judgment, and in coordination with the victims
and their representatives, who must collaborate (supra Having Seen 2(2)(b)). In order to
monitor this obligation, in its next report the State should indicate: a) the actions taken and
to be performed to hold this act, and b) the scheduling or provisional dates for this act, as
agreed by all of the parties.
15.
Due to the non-compliance during the time period set forth in the Judgment, the Court
requests that all measures necessary be taken to immediately comply with operative
paragraph seven of the Judgment.
*
*
*
16.
Regarding operative paragraph eight, which sets forth the need to “[adopt] within its
domestic legislation, in an acceptable time period and pursuant to Article 2 of the American
Convention, the legislative, administrative and any other measures needed to regulate the
proceedings and requirements to acquire Dominican nationality through late registration of
birth,” the State indicated that it has taken several measures within its domestic legislation to
comply with this operative paragraph, and provided several documents (infra Considering 17)
as evidence of the domestic measures adopted. It is worth noting that a lot of these
documents refer to measures issued prior to the Court’s Judgment, and that the State did not
explain their relationship to the compliance with this operative paragraph.
17.
Likewise, in the private hearing of July 8, 2009 the State provided 21 documents to
evidence, in compliance with operative paragraph eight, the adoption of legislative, 5
administrative, 6 and other measures 7 .on a domestic level. Such measures were adopted
following the issuance of the Judgment of September 8, 2005. The State also presented
additional documentation that had been issued prior to the Judgment.8 However, the State
did not precisely explain how these documents contribute toward complying with this
operative paragraph. In the private hearing the representatives referred to the concept of
5
Cf. Law No. 218-07 “Amnesty to the Late Registration of Birth” of August 14, 2007, published in the Official
Gazette No. 10428 of August 20, 2007; Resolution No. 45-2008 of October 3, 2008 on Late Registrations of Birth for
Persons with ID cards over 60 years old whose ID only provides the maternal last name; Resolution No. 02-2009 on
the Issue of Certificates of Marital Status with Incorrect Information and Omissions of March 24, 2009, and Model of
Abstract of Birth Certificate, 2007.
6
Cf. Guidelines for the Functioning of the Central Unit of Late Registrations of Birth, approved by the
Administrative Chamber of the Junta Central Electoral [Central Elections Board] of October 22, 2008; Communication
No. 28/2005; Addendum to Communication No. 42; Communication No. 38/2007; Communication No. 30/2007;
Communication No. 029/2007; Communication No. 17/2007; Communication No. 16/2007; Communication No.
9/2007; Preliminary Guidelines Communication No. 44/2008; Communication No. 41/2008; Communication No.
39/2008; Communication No. 12/2008, and Communication No. 01/2008.
7
These measures include publications, pamphlets, and other materials related to campaigns, trainings, and
awareness campaigns on the late registration of birth. Cf. Publication by the Junta Central Electoral entitled “Civil
Registry in a New Era”; Document prepared by the Central Unit of Late Registrations of Birth entitled “Declaring your
sons and daughters and opening their doors to the future”; CDs on “late registrations of birth” and photos of the
“training and awareness campaigns” performed by the Central Unit of Late Registrations of Birth between 2007 and
2009; Information Bulletins of the Central Unit of Late Registrations of Birth of the Junta Central Electoral;
Publications “2008 Elections” of December 2007-January 2008, and “Elections 2010” of March 2009; Pamphlets and
posters of the awareness campaign “Declaring your sons and daughters and opening their doors to the future.”
8
The State provided the following laws prior to the Court’s Judgment of September 8, 2005: Resolution No.
5-99 of August 4, 1999; Resolution No. 07/2003 of November 17, 2003 and Manual or Guidelines for the application
of Order No. 07/2003 of November 17, 2003 of the Junta Central Electoral regarding the instruments for late
registrations for individuals older than 16 years of age; Dossier Communications of the Full Junta Central Electoral of
1997, and Dossier Communications Junta Central Electoral of 2004.