156. The Haitian temporary agricultural workers (braceros) who came to the Dominican
Republic and all the members of their families who accompanied them were lodged in
barracks, in settlements known as “bateyes.” Over time, the character of the bateyes
changed and they became permanent communities, because the sugar corporations hired
a certain number of agricultural workers on a permanent basis so that they could work
year long, and other workers, including Dominican men and women, went to live in them.
The bateyes became the home of first, second, and even third-generation families of
Haitian descent. 114 However, according to documents published around the time of the
events, it was common that individuals and sectors of the country’s population assumed
that all the workers in the sugar cane plantations and all those who lived in bateyes were
Haitians. 115 The Court has verified, based on documents published in 1996, 2001 and
2002, that basic public services in the bateyes were limited and the conditions of the
highways were very poor, which meant that during the rainy season communication
between the bateyes and the town could be cut off for several days. 116 Similarly,
information covering the years 1986 to 2000 indicates that the rates of poverty and
extreme poverty were much higher in the bateyes than the national average in the
Dominican Republic. 117 Regarding more recent times, in 2013, the Inter-American
Commission has stated that, during a visit, it verified the conditions of poverty, exclusion
and discrimination endured by the inhabitants of the bateyes. It indicated that poverty
affected the Dominicans of Haitian descent disproportionately, and that this was related to
the obstacles they faced to access their identity documents 118 (infra paras. 163 to 166).
157. Expert witness Manuel Núñez Asencio explained that “[w]ith the decline in the sugar
industry, the system […] gradually collapsed”; that, “in the 1990s, […] the Dominican
Republic applied regulations reducing rates for construction workers, and this became a
disincentive for Dominican workers, […] opening up a niche for the Haitians,” 119 and that,
during that decade, as well as “in the [twenty-first] century, irregular Haitian migration
[towards the Dominican Republic] has continued.” In 2000, Haitians and individuals born
in Dominican territory of Haitian descent represented approximately 6% of the population
of the Dominican Republic; this group is, in turn, divided into four sub-groups: “temporary
workers, undocumented Haitians living permanently in the Dominican Republic, the
children of Haitian immigrants born in the Dominican Republic, and political refugees.” 120
that this agreement “established the temporary nature of the work” and that “the Haitian State assumed the
responsibility for registering the children of temporary workers who were in the Dominican Republic as its
nationals.” Expert opinion provided by Manuel Núñez Asencio by affidavit on September 30, 2013 (file of
preliminary objections, merits and reparations, tome III, fs. 1677 to 1696).
114
Amnesty International, A life in transit - The plight of Haitian migrants and Dominicans of Haitian Descent,
AMR 27/001/2007 (file of annexes to the Merits report, annex 53, fs. 561 to 596). Similarly, expert witness
Manuel Núñez Asencio, indicated that “[t]here are more than 500 bateyes in the Dominican Republic, basically
villages with a Haitian population without any kind of documentation” (expert opinion provided by Manuel Núñez
Asencio, provided by affidavit).
115
Human Rights Watch, Illegal People: Haitians and Dominico-Haitians in the Dominican Republic, April 4,
2002, p.10 (file of annexes to the motions and arguments brief, annex A01, fs. 2596 to 2629).
116
Case of the Yean and Bosico Girls v. Dominican Republic, para. 109.2.
117
World Bank, Report No. 21306-RD, “Dominican Republic – Poverty assessment: poverty in a high-growth
economy 1986-2000.”
118
Inter-American Commission on Human Rights, Annex to the Press Release, Preliminary observations from
the visit of the IACHRs Visit to the Dominican Republic, December 6, 2013.
119
The expert witness added, citing Labor Ministry documents from 2012, that “53% of construction workers
are Haitians, compared to 47% Dominicans. On banana export plantations 63% of the workers are Haitians,
compared to 37% Dominicans. Cf. Expert opinion provided by Manuel Núñez Asencio by affidavit.
120
National Coalition for Haitian Rights “Beyond the Bateyes,” August 1995 (file of annexes to the notions and
arguments brief, annex A02, fs. 2631 to 2677). In his testimony, Samuel Martínez asserted that “[f]or
49
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