173. Similarly, the United Nations Committee on the Elimination of Racial Discrimination
indicated in its General Recommendation No. 30 that the States parties to the International
Convention on the Elimination of All Forms of Racial Discrimination must:
Ensure that non-citizens are not subject to collective expulsion, in particular in situations where
there are insufficient guarantees that the personal circumstances of each of the persons
concerned have been taken into account.239
174. In addition, the Office of the United Nations High Commissioner for Human Rights, in
its report on the rights of non-citizens, underscored that:
The procedure for the expulsion of a group of non-citizens must afford sufficient guarantees
demonstrating that the personal circumstances of each of those non-citizens concerned has been
genuinely and individually taken into account.240
175. In view of the foregoing, taking into account both the domestic norms in force in
Dominican Republic and international law, it appears that a proceeding that may result in
expulsion or deportation of an alien, must be individual, so as to evaluate the personal
circumstances of each subject and comply with the prohibition of collective expulsions.
Furthermore, this proceeding should not discriminate on grounds of nationality, color, race,
sex, language, religion, political opinion, social origin or other status,241 and must observe
the following minimum guarantees with regard to the alien:
i)
To be expressly and formally informed of the charges against him or her and of
the reasons for the expulsion or deportation.242 This notification must include
information about his or her rights, such as:
a. The possibility of stating his or her case and contesting the charges against
him or her;243
b. The possibility of requesting and receiving consular assistance,244 legal
assistance245 and, if appropriate, translation or interpretation;246
ii) In case of an unfavorable decision, the alien must be entitled to have his or her
case reviewed by the competent authority and appear before this authority for
that purpose,247 and
239
Cf. Committee on the Elimination of Racial Discrimination. General Recommendation No. XXX on
Discrimination against Non-citizens, 4 May 2005, para. 26.
240
Office of the United Nations Commissioner for Human Rights. “The Rights of Non-citizens,” 2006, p. 218.
241
Human Rights Committee. General Comment No. 15, supra, paras. 9 and 10; Committee on the
Elimination of Racial Discrimination, General Recommendation No. XXX, supra, para. 25.
242
Cf. International Law Commission. Expulsion of aliens, supra, Article 26.
243
Cf. Human Rights Committee, General Comment No. 15, supra, para. 10; African Commission on Human
and Peoples’ Rights, Communication No. 159/96, supra, para. 20; International Law Commission. Expulsion of
aliens, supra, Article 26.
244
Cf. Vienna Convention on Consular Relations, Article 36.1.b); The Right to Consular Assistance in the
Framework of the Guarantees of Due Process of Law, supra, para. 106; International Law Commission. Expulsion of
aliens, supra, Article 26, and Case of Vélez Loor v. Panama, supra, paras. 152, 153 and 158.
245
Cf. Juridical Status and Rights of Undocumented Migrants, supra, para. 126, and Case of Vélez Loor v.
Panama, supra, para. 146.
246
Cf. African Commission on Human and Peoples’ Rights, Communication No. 159/96, supra; International
Law Commission. Expulsion of aliens, supra, Article 26.
247
Cf. Human Rights Committee, General Comment No. 15, supra, para. 10, and International Law
Commission. Expulsion of aliens, supra, Article 26.
49
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