been described for Dominicans of Haitian descent to obtain identity documents, 109 and (c)
the alleged existence of a systematic practice of collective expulsions 110 of Haitians and
Dominicans of Haitian descent. 111 The Court will consider the information provided on the
background to these practices, and their application during the period over which it is
alleged that the facts of this case occurred.
A.1. The socio-economic situation of Haitians and those of Haitian descent
and the alleged discriminatory concept held of them
A.1.1 The socio-economic situations of Haitians and those of Haitian descent in
the Dominican Republic
155. The Court has verified previously that the first major migratory flows of Haitians
towards the Dominican Republic occurred during the first third of the twentieth century,
when around 100,000 people went to work in the Dominican sugar plantations that were
initially controlled by private corporations and then most of them passed into the control
of the State Sugar Council. Many Haitian migrants went to live permanently in the
Dominican Republic, established a family in this country, and now live with their children
and grandchildren (second and third generation Dominicans of Haitian descent), who were
born and have lived in the Dominican Republic. 112 Regarding the second half of the
twentieth century, expert witness Manuel Núñez Asencio stated that “from the 1950s to
the 1980s, […] most of the Haitian immigrants [went to the Dominican Republic] to work
in agriculture, mainly in the sugar plantations. 113
109
The Commission indicated that “mechanisms to deny documentation to Haitians and Dominicans of Haitian
descent […] have been verified.” The representatives alluded to the “difficulties and obstacles faced by those of
Haitian descent born in Dominican territory to obtain documents proving their nationality.” The State, before the
Court, referred to laws that regulate birth registration in the Dominican Republic. Regarding “supposed obstacles
that [some of the presumed victims have allegedly faced] to register, although belatedly, the births of [those]
born in Dominican territory, [… it] recall[ed] that Law No. 659, of July 17, 1944, established the procedure to be
following in order to register late declarations.” It also mentioned that “Law No. 182 of November 7, 1980, […]
established that Registry Office officials would receive late declarations of the birth of children […] up to 10 years
of age, without charge, for one year as of promulgation of the law,” and also indicated “Law No. 13-93 of June
22, 1993, which […] increased the time limit for the immediate registration of births from 60 to 90 days, and
granted a grace period of one year for late declarations to all children of less than 15 years of age, without
charge.” Lastly, it indicated that “the Executive had promulgated Law No. 218-07 of August 14, 2008, granting
an amnesty for late birth declarations, which accorded a grace period for the late registration of children of up to
16 years of age even for a three-year period.”
110
For practical effects, without this implying a ruling on the validity or grounds of the definitions adopted in
the domestic and international sphere for terms such as “deportation” or “expulsion,” this Judgment will use the
term “expulsion” since this is the word used in Article 22 of the American Convention. In this regard, the Court,
in Advisory Opinion OC-21/14 adopted a functional definition according to which it “understands expulsion as any
decision, order, procedure or proceeding by or before the competent administrative or judicial organ, irrespective
of the name given in national law, related to the obligatory departure of a person from the receiving State, which
results in the person abandoning the territory of this State or being transferred beyond its borders. Thus, when
referring to expulsion, this also includes what in specific or domestic terms may consist in deportation.” (Rights
and Guarantees of Children in the Context of Migration and/or in Need of International Protection. Advisory
Opinion OC-21/14 of August 19, 2014. Series A No. 21, para. 269). This definition is also applicable to the
expulsion of nationals referred to in Article 22(5) of the Convention.
111
The Commission stated that “situations of mass expulsion or deportation have been verified.” The
representatives alleged that, since the beginning of the 1990s, Haitian immigrants and numerous Dominicans of
Haitian descent had been victims of collective expulsions and deportations.” The State contested these assertions
(infra para. 167).
112
Case of the Yean and Bosico Girls v. Dominican Republic. Preliminary objections, merits, reparations and
costs. Judgment of September 8, 2005, Series C No. 130, para. 109.1, and Case of Nadege Dorzema et al. v.
Dominican Republic. Merits, reparations and costs. Judgment of October 24, 2012, Series C No. 251, para. 38.
113
Expert witness Manuel Núñez Asencio explained that “[t]his was possible owing to the agreement of
November 14, 1966, on the hiring in Haiti and entry into the Dominican Republic of temporary unskilled labor
and, prior to this, the bi-national agreement on Haitian temporary unskilled labor of January 5, 1952.” He added
48
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents