Dominicans of Haitian descent usually face discriminatory practices in the offices of the
Civil Registry, 138 which prevent them from registering the birth of their children.
Suspicions about the authenticity of the documents presented for the registration,
disparaging comments and disdainful attitudes are obstacles faced by most Haitian
parents, or those who are considered Haitian. 139
166. The difficulties do not end once personal or identity documents have been obtained,
but extend to the use of these documents – and this is not a recent problem. In this
regard, in 2008, the Committee on the Elimination of Racial Discrimination issued its
concluding observations on the reports submitted by the Dominican Republic in 2000,
2002, 2004 and 2006 and expressed its concern about the numerous cases of Dominicans
of Haitian descent whose birth certificates, identity cards and electoral identity documents
had been confiscated and destroyed, or issue of duplicates had been refused owing to
their ethnic origin. 140. Similarly, the United Nations Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance and the
independent expert on minority issues stressed that, without exception, the individuals of
Haitian descent born in the Dominican Republic who they interviewed during their visit to
the Dominican Republic from 23 to 29 October 2007, reported that, because of their color
or their Haitian looks or name, it is virtually impossible to obtain identity documents or
even copies or renewals of previously issued documents. The Special Rapporteur and the
independent expert also underlined that without identity documents verifying their lawful
presence in the country they are left vulnerable to deportation or expulsion to Haiti. 141
A.3. The alleged existence of a systematic practice of collective expulsions
of Haitians and Dominicans of Haitian descent
167. Although the State indicated that it “did not carry out collective or mass deportations
of Haitians,” 142 this Court has previously established that: (a) the Dominican Republic has
carried out expulsions of Haitians and Dominicans of Haitian descent irrespective of their
migratory status in the country; (b) in the case of these expulsions, decisions were taken
without a prior investigation procedure, and (c) in some cases in the 1990s the expulsions
138
First National Survey on Immigrants in the Dominican Republic, p. 19.
139
Amnesty International, A life in transit - The plight of Haitian migrants and Dominicans of Haitian Descent.
140
United Nations, Committee on the Elimination of Racial Discrimination, Concluding observations on the
thirteenth and fourteenth periodic reports of the Dominican Republic, para. 19.
141
United Nations, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance Doudou Diène, and the independent expert on minority issues, Gay
McDougall, para. 55.
142
The State added that this “was supported […] by official statistics on repatriations,” and that it had “never
repatriated a Dominican who had been detained and who, during the verification process, had been able to
document his status as a national.” Regarding the said official data, the State did not present official documents
with details of the said statistical information, but referred to a brief of July 19, 2000, which the Dominican
Republic had presented to the Court in the context of the provisional measures, and which the Commission had
included as an annex to the Merits report. In this brief it had referred to a specific period of some months
(although it did not specify which months), and indicated that “the statistics for repatriations of illegal Haitians
towards their country of origin carried out by the General Directorate of Immigration for June [2000], show an
average of 717 persons repatriated each month; repatriations never amounted to 1,000 persons in any of these
months” (file of annexes to the Merits report, annex 6, fs. 121 to 154). The State also presented files on
expulsion proceedings for both Haitians and individuals from other countries (supra para. 138). In any case, the
Court notes that the information provided by the State refers to expulsions recorded and carried out under legal
procedures. Other probative elements, as well as aspects established in previous case law of this Court reveal
expulsions that, owing to the method used, were not necessarily recorded. Consequently, the information
provided by the State does not preclude the Court from taking these other previous probative elements and
information into account.
54
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