Administrations to remedy the damage caused […] apparently permitted the […] proliferation of racism.” 124 Furthermore, in observations on this report, this Committee stated that persons of African origin “are one of the poorest population groups among the poor” in the Dominican Republic, and expressed its concern owing to what, in its considerations, it referred to as “structural and widespread racism within Dominican society, and in particular discrimination based on colour or national origin.” 125 Furthermore, several international agencies have referred to the problem of discrimination against the Haitian population and those of Haitian descent in the Dominican Republic. The Office of the United Nations Development Programme has indicated that Haitians in the Dominican Republic “must face a political and social attitude that is generally hostile.” 126 In this regard, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the independent expert on minority issues have underscored information from the Dominican Republic’s past indicating racial discrimination towards Haitians. 127 It has also been mentioned that this problem was also ongoing even around the time of the facts of this case. 128 160. The said Special Rapporteur and the independent expert found that the dominant perception among most Dominicans is that their mulatto skin tones distinguish them from darker-skinned Dominicans and Haitians. In this regard, they noted the use of the term “black” as an insult in the Dominican Republic, added to references made to “blacks” as being ignorant or unhygienic, or the frequent association of “blacks” with both illegal status and criminality. According to these experts, in the Dominican Republic the term “black” and, by extension, traits or elements related to African descent are associated with Haitians, whether or not they are documented, such as the Dominicans of Haitian 124 United Nations, Committee on the Elimination of Racial Discrimination, Reports submitted by States parties under article 9 of the Convention, Thirteenth and fourteenth periodic reports due in 2010, Dominican Republic, para. 31. The representatives attached to their final written arguments the “Concluding observations on the thirteenth and fourteenth periodic reports of the Dominican Republic” CERD/C/DOM/CO/13-14, of March 1, 2013 (file of preliminary objections, merits and reparations, fs. 3147 to 3155). In his testimony, Samuel Martínez affirmed that “[m]any Dominicans have attitudes towards Haitians that are openly in contrast to the open welcome that they have offered to other immigrant groups.” He also observed that “the very concept of Dominican national identity is formulated in terms of race; the Dominicans, implicitly and explicitly, consider the Haitians to be ‘real blacks’” (cf. Testimony of Samuel Martínez in the case of the Yean and Bosico Girls v. Dominican Republic). For his part, expert witness Manuel Núñez Asencio explained that “[t]he Dominican has his own connection to his African origins that are very different from those that have predominated in Haiti. The supposition that Haitians and Dominicans have a common black culture is false. Race does not determine culture.” Expert opinion provided by Manuel Núñez Asencio by affidavit. 125 United Nations, Committee on the Elimination of Racial Discrimination, Concluding observations on the thirteenth and fourteenth periodic reports of the Dominican Republic, paras. 8 and 15 126 Case of the Yean and Bosico Girls Vs Dominican Republic, para. 109.3. 127 Thus, they indicated that, from 1930 to 1961 [Dominican Republic] was governed by Rafael Leónidas Trujillo, and that over this period adopted a policy of racism and promoted a European and Hispanic identity, built around the development of “anti-Haitian” sentiments and the use of violence against Haitians (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, Report on the Mission to the Dominican Republic, A/HRC/7/19/Add.5 para. 7. Without denying this information, expert witness Fernando I Ferrán Brú highlighted that the Dominican Republic “has had at least five presidents of Haitian descent,” and that, “since the fall of Trujillo, the ongoing tendency […] has been to elucidate any incident that involves excesses that prejudice the protection of human rights for racist or any other reasons of anyone, whether Dominican or foreign” (Cf. Expert opinion provided by Fernando Ignacio Ferrán Brú by affidavit on September 30, 2013, file of preliminary objections, merits and reparations, fs. 1498 to 1676). 128 Thus, in 2002, Human Rights Watch, indicated that “In light of this troubled history [between Haiti and Dominican Republic] – and of distorted versions of it disseminated through the schools and through statecontrolled media since the time of Trujillo – some Dominicans are still quick to perceive a Haitian threat to the territorial integrity of their country,” and “racial prejudice in the Dominican Republic runs deep.” (Cf. Human Rights Watch, Illegal People: Haitians and Dominico-Haitians in the Dominican Republic, p. 8.) 51

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