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Furthermore, the lack of an identity document lays the Dominican-Haitians open to
the violation of their procedural guarantees because, if arrested, they are deported
to Haiti without any type of judicial review or recourse.
With regard to education, a child who has not been registered is unable to enroll in
secondary school or university. For children of Haitian origin from the working
classes, higher education is practically the only reliable way of rising on the social
and financial scale.
Poverty, lack of safe potable water, inadequate sanitation infrastructure, and the
dilapidated conditions and overcrowding of the housing expose the Haitian population
to greater risk of diseases and death from pathogens that contaminate water and
insects.
Lastly, the refusal to register the children almost inevitably denies DominicanHaitians a series of human rights, closes the door to financial prosperity and social
inclusion, and prevents them from achieving their full potential as human beings.
B) TESTIMONIAL AND EXPERT EVIDENCE
86.
On March 14 and 15, 2005, during a public hearing, the Court received the
statements of the witnesses proposed by the Commission, the representatives and
the State, and of the expert witnesses proposed by the Inter-American Commission
and the representatives (supra para. 47). The Court summarizes the principal parts
of these statements and expert reports below.
Testimonies
a)
Proposed by the Commission and the representatives
1)
Genaro Rincón Miesse, lawyer
He is Dominican, resides in Santo Domingo, and is a lawyer by profession. He is legal
adviser to the organization Movimiento de Mujeres Domínico-Haitianas (MUDHA).
The obstacles to registering children of Haitian origin are the number of requirements
and the lack of access of the fathers, who are “braceros” [day laborers], to the
identification required by the civil status registrar (either an identity card or a
residence card), since they only have a letter issued by the State’s Sugar Board.
The Central Electoral Board establishes the registration requirements. In 1997, the
requirements for children up to 12 years of age were: birth certification issued by a
hospital or clinic and, in the case of children born outside a hospital or clinic, if this
was in an urban area, a statement made by the midwife before a notary indicating
the birth of the child and, if it was in a rural area, a declaration of the “pedáneo”
[auxiliary] mayor endorsed by the midwife; the parents’ documentation and
marriage certificate, if they were married. In 1997, the following 11 documents were
required to register children over 12 years of age: the birth certification as described
above; the parents’ documentation; marriage certificate; certificates from all the civil
status registrars in the province indicating that the person had not been registered
previously; school certification; baptism certificate; sworn statement by three
witnesses over the age of 50 years who know how to read and write; the identity
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