25
123.
Finally, from the information supplied by the representatives, the Commission
understands that the family members of the alleged victims in this case are as follows: Carmen Méndez,
Aíta Méndez, Domingo Méndez, Rosa Méndez, José Méndez, Teresa Méndez, Carolina Fils-Aime,
Kimberly Pérez Medina, William Gelin, Gili Sainlis, Jamson Gelin, Faica Gelin, Kenson Gelin, Ana Dileidy
Sensión, Maximiliano Sensión (fallecido), Emiliano Mache Sensión, Analideire Sensión, Jessica Jean,
Víctor Manuel Jean, María Esther Medina Matos, Jairo Pérez Medina, Gimena Pérez Medina and Antonio
99
Sensión.
D.
The context of massive deportations of Haitians and Dominican-Haitians from the
Dominican Republic to Haiti
124.
Various international organizations and civil society organizations have reported on the
policy that the Dominican Republic has pursued at various times in its history and that has resulted in the
deportation of thousands of Haitians and Dominican-Haitians. The expulsions of the alleged victims in
this case must be examined in light of that policy, as this case and that policy are inextricably related.
125.
Anti-Haitianism and the existing tensions over the flow of Haitian immigrants into the
Dominican Republic is a function of a variety of factors and historical, political, social and cultural
elements.
The Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Independent Expert on minority issues have maintained
that:
[a]nti-Haitian feelings can already be traced back to the Santo Domingo revolt of August 1791,
which profoundly shook the slavery system, and the independence of Haiti from France in 1804,
which created an extreme and enduring fear and the cultural and political demonization of Haitians
in the whole hemisphere. Following Haitian independence, the Spanish ruling elites in Santo
Domingo continued to foster the Hispanic identity that had been promoted against the western part
of the island by presenting the colony as white, Catholic and of Hispanic roots vis-à-vis Haiti,
presented as black, voodoo practitioners and with an African culture with French influence. These
dichotomies are fundamental in the analysis of the depth of the rejection of the African heritage in
100
Dominican society.
126.
These tensions have led to massive expulsions and deportations, and different methods
have been devised to deny Haitians and Dominicans of Haitian descent birth certificates and other
101
identification documents. Such practices have been described as “institutionalized racism.”
Massive
expulsions were reported in 1991, 1996, 1997 and 1999 –with annual deportations and expulsions
102
103
104
105
106
averaging between 24,000 and 30,000 personsand in 2000 , 2001 , 2005
and 2008.
The
…continuation
the presence of the Human Rights Clinic of Columbia University School of Law on January 11, 2001. Attachment to the petitioners’
observations of January 30, 2002.
98
Annex 42. Report presented by the representatives on the Provisional Measures ordered by the I/A Court H.R. in the
Matter of Haitians and Dominicans of Haitian Descent in the Dominican Republic, February 1, 2012.
99
Annex 5. The petitioners’ observations on the merits, April 16, 2009. Annex 44. Petitioner’s observations of
February 21, 2012.
100
Annex 45. UN, Human Rights Council, 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,
Addendum, Mission to Dominican Republic, A/HRC/7/19/Add.5, A/HRC/7/23/Add.3, March 18, 2008, paragraph 91. Annex B of the
petitioners’ observations on the merits, April 16, 2009.
101
Annex 46. VOYNEAU, Sébastien. République Dominicanaine : le traitement infligé aux haïtiens et aux Dominicanains
d’origine haïtienne, une discrimination institutionnalisée ? OBSERVATOIRE DES AMÉRIQUES. Montreal, Canada. October 2005
No.33. p. 2. Annex C of the petitioners’ observations on the merits, April 16, 2009. See also, Annex 47. FERGUSON, James.
Migration in the Caribbean: Haiti, the Dominican Republic and beyond. Minority Rights Group International. London, United
Kingdom, 2003, p.17. Annex H of the petitioners’ observations on the merits, April 16, 2009.
102
IACHR, Annual Report 1991, Chapter V. Annex 47. FERGUSON, James, Migration in the Caribbean: Haiti, the
Dominicanan Republic and Beyond, Minority Rights Group International, July 2003. Annex H of the petitioners’ observations on the
Continúa…