26 cards of three witnesses; two photographs of the person; certificate indicating whether or not the person had an identity card; and a letter addressed to the Central Electoral Board requesting authorization for late declaration. The civil status registrars do not apply these requirements coherently. In the districts where the Haitian population lives, registrars do not apply the requirements consistently; in contrast, registrars in districts where there is no Haitian immigrant population are more flexible. On March 5, 1995, (sic) he went to the Registry Office of Sabana Grande de Boyá to register twenty children, including the Yean and Bosico children. In the case of Dilcia Yean the documentation presented was her mother’s identity card and the birth certification from the hospital in Sabana Grande de Boyá, and in the case of Violeta Bosico, the identity card of her mother, Tiramen Bosico, and the birth certification issued by the auxiliary mayor of Sabana Grande de Boyá. Thelma Bienvenida Reyes, the Civil Status Registrar, refused to accept the documentation because children of Haitian immigrants could not be declared, since their parents were in the country illegally. If the parents are Haitian, the children are also Haitian, since the parents are in transit. The Civil Status Registrar added that she was following orders from her superiors, which she had in writing, even though she refused to produce the document. She then commented on the “strange,” “Africanized” or Haitian nature of the children’s last names. Lastly, the Civil Status Registrar told them to go to the Immigration Office in the Municipality of the provincial capital of Monte Plata. The same day, he went to the Immigration Office, together with the MUDHA promoter. The inspector in this Office in Monte Plata gave him the same answer as the Civil Status Registrar. From there he went to the Directorate General of Immigration in Santo Domingo, to the Haitian Affairs Department, where he verified that the Immigration Office was authorized to decide matters relating to the registration of the children of Haitians. He resorted to the Public Prosecutor, because this official was responsible for guaranteeing civil rights and also for the late declaration procedure. When a late declaration has been submitted to the Registry Office, it is submitted to the consideration of the Public Prosecutor to determine whether it is in order. He communicated with the Public Prosecutor six times; and the latter told him that he was waiting for his superior, Juan Serrano, to take a decision. Finally, the Public Prosecutor refused the petition because it did not comply with the procedural requirements and sent it back to the Registry Office. He decided not to appeal before the Central Electoral Board, because, in the past, this body has not replied to the petitions submitted to it. The responsible authorities showed no interest in the matter. Moreover, at that time, there was no remedy of amparo against administrative decisions. The child Violeta Bosico was expelled from school by the director, because she did not have a birth certificate; consequently, she was enrolled in evening classes. However, she went back to studying at the day school when the Commission ordered precautionary measures (supra para. 8). Also, the Central Electoral Board granted the birth certificates, but it did so in a different jurisdiction to the applicable one, and after presentation of the documents indicated above.

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