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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents