descent. 129 Similarly, in 2005, the Human Development Office of the United Nations
Development Programme (UNDP) issued a National Human Development Report on the
Dominican Republic in which it stated that:
[As a result of migration and the transformation of the economic model,] the [Dominican]
national identity and regional identities are undergoing profound changes […]. These processes
are influenced by aspects [such as] the Haitian immigration, which can be represented by the
following equivalent: Haitian – cheap labor – rejected negritude – an element that can be
expelled. 130
For its part, in 1999, the Inter-American Commission reported, based on pre-1983
sources, 131 that “historically it has been denounced that Haitian workers who cross the
border to work in the sugarcane harvest […] have been the victims of a whole array of
abuse by the authorities, from assassinations, abusive treatment, mass expulsions,
exploitation, deplorable living conditions, and the failure to recognize their labor rights.” 132
161. On other aspects, the evidence provided to the Court reveals that, in the Dominican
Republic, Haitians or those of Haitian descent enjoy their own cultural life, religious
freedom, and access to services provided by the State or public entities, such as health
care, education, and justice, although this is not a restrictive assertion. Thus, for example,
expert witness Ferrán Brú stated the following:
In 2011, at least 12,000 Haitians were enrolled in Dominican universities and, of these, many
attend the Universidad Autónoma de Santo Domingo. The State allows different radio stations to
broadcast in Creole and French. Religious ceremonies take place that are non-Christian, although
they are syncretic, in other words gagá and voodoo rites, in which Haitians and Dominicans take
part indiscriminately. There are no cultural or, in particular state, prohibitions against people
speaking Haitian Creole, and there is no law that, by its application, makes a distinction among
Dominicans based on their racial characteristics. To the contrary, acts of discrimination are
penalized.
Also, expert witness Bridget Frances Wooding admitted that “Haitian immigrants” have
“access to services,” in relation to “health care, […] education [and] justice.”
162. Nevertheless, some factors that are relevant owing to their relationship to the facts
of this case should be examined in greater detail: the alleged difficulties for Haitians or
those of Haitian descent to register births and to obtain documents, as well as the alleged
existence, in such cases, of systematic practices of collective expulsions of Haitians and
persons of Haitian descent. These aspects are examined below.
A.2. The alleged problem for Haitians and Dominicans of Haitian descent to
obtain official documents
129
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, Mission to the Dominican Republic, A/HRC/7/19/Add.5, p. 2 and paras. 7, 37 and 46.
130
National Human Development Report on the Dominican Republic, Human Development Office of the United
Nations Development Programme, 2005, p. 152.
131
The Commission cited: “ILO Report, 1983; Manuel Mandruga, Trabajadores Haitianos en la República
Dominicana,” in “1991 Annual Report of the Commission, OEA. Ser.L/V/II. 81, doc. 6, rev. 1, of February 14,
1992. In general, it indicated that its report was “the result of information and opinions […] that the Commission
had gathered before, during and after the on-site observation mission carried out in June 1997.” (Inter-American
Commission on Human Rights, Report on the situation of human rights in the Dominican Republic, October 7,
1999. OAS/Ser.L/V/II.104, para. 317. Available at http://www.cidh.org/countryrep/Rep.Dominicana99sp/indice.
htm).
132
Inter-American Commission on Human Rights, Report on the situation of human rights in the Dominican
Republic, October 7, 1999. OAS/Ser.L/V/II.104, para. 317.
52
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