30
142.
One study found that “quantitative data indicate a considerable diversity exhibited within
the population with regard to expellees’ age, occupation and period of residency in the Dominican
Republic. This suggests that all Haitians (or those of Haitian appearance) are vulnerable to summary
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expulsion.” As for the methods used to identify the persons who will be deported, the study reported
that
[m]igration officials explained that Haitians who fall into this category, i.e. those not gainfully
unemployed, do not enjoy the usual three-stage deportation process. Authorities presume Haitians
who are begging are illegal. As one official put it: “[Repatriation] is a process—it’s red tape—so you
don’t say we arrest them, put them in a truck and take them away. Your identification? You don’t
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have it. You’re illegal.”
E.
Difficulties registering children of Haitian descent born in Dominican territory
143.
Difficulties and obstacles that parents encounter when attempting to register children of
Haitian descent born in the Dominican Republic and obtaining the documents necessary to vouch for the
fact that they are Dominicans by birth has been monitored by different international organizations.
Accordingly, the Commission has maintained that the authorities engaged in a practice designed to keep
Haitians and Dominicans of Haitian origin permanently locked in undocumented immigration status, in
which the undocumented immigration status of parents was passed along to children, even when those
children were born in the Dominican Republic. Specifically, the Commission wrote that
[t]he children do not have documents because their parents have none. It is practically impossible
to obtain them, either because the officers of the hospitals or civil registries refuse to issue a birth
certificate or because the relevant authorities refuse to enter them in the civil registry. The
argument usually given by government officials is that the parents do not possess the document
identifying them as temporary workers, placing them in the category of foreigners in transit--even
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though they have lived in the Dominican Republic for years .
144.
As the Inter-American Court wrote, “[l]ate registration is often the only way that
Dominican-Haitians have of obtaining an official birth certificate. Many Haitians women in the Dominican
Republic decide to give birth to their children at home, instead of going to a medical center, due to lack of
financial resources and the difficulty of having access to adequate means of transportation from remote
rural settlements, or to the fear that hospital personnel or police agents will report them, since many of
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them are in the country illegally.”
145.
The Court has also observed that “[i]n the Dominican Republic there have been cases in
which the public authorities have placed obstacles in the way of Dominican children of Haitian origin
obtaining birth certificates. Consequently, these children have had difficulty in obtaining an identity card or
a Dominican passport, attending public schools, and having access to healthcare and social assistance
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services.”
130
Annex 57. International Human Rights Law Clinic, Boalt Hall School of Law, University of California at Berkeley,
Unwelcome Guests. A Study of Expulsions of Haitians and Dominicans of Haitian Descent from the Dominican Republic to Haiti,
2002, p. 37.
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Annex 57. International Human Rights Law Clinic, Boalt Hall School of Law, University of California at Berkeley,
Unwelcome Guests. A Study of Expulsions of Haitians and Dominicans of Haitian Descent from the Dominican Republic to Haiti,
2002, p. 17.
132
IACHR, Report on the Situation of Human Rights in the Dominican Republic. OEA/Ser.L/V/II.104, Doc. 49 rev. 1,
October 7, 1999, paragraph 352.
133
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 8, 2005. Series C No. 130, paragraph 85.
134
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 8, 2005. Series C No. 130, paragraph 109.11.