34
105. This principle establishes that the Court cannot exercise its contentious
jurisdiction to apply the Convention and declare that its norms have been violated
when the alleged facts or conduct of the defendant State that could involve
international responsibility precede acceptance of the Court’s jurisdiction.
106. Consequently, the Court has jurisdiction to hear and declare violations to the
Convention in two different situations: when the facts that produced a violation are
subsequent to the date of acceptance of its jurisdiction, or in the case of a continuing
or permanent violation that persists after the acceptance, even though it began
before it.28
107. Also, when interpreting the Convention in accordance with its object and
purpose, the Court must do so in a way that preserves the integrity of the
mechanism established in Article 62(1) of the Convention. It would be inadmissible
to subordinate this mechanism to constraints that render ineffectual the system to
protect human rights established in the Convention and, consequently, the Court’s
jurisdictional function.29
108. In view of the above, the Court considers it necessary to establish that
although the facts presented by the Inter-American Commission as background
material took placed prior to March 25, 1999, some of these facts could persist after
the date on which the state accepted the contentious jurisdiction of the InterAmerican Court (supra para. 4), a situation which the Court will examine in this case.
VIII
PROVEN FACTS
109. The Court considers proven the facts that form part of the background and
context of this case which it is considering in the exercise of its competence. These
facts are described below:
Background
SOCIAL CONTEXT
109(1) The first important migrations of Haitians towards the Dominican Republic
took place in the first third of the twentieth century when around 100,000 persons
went to work on the sugar plantations in that country. The Dominican mills were
originally in the hands of private companies and, later, most of them were
transferred to the control of the State Sugar Council (CEA). Many Haitian migrants
went to live permanently in the Dominican Republic, formed a family in that country,
and now live there with their children and grandchildren (second and third
28
Cf. the Case of Moiwana community, supra note 8, paras. 38 and 39; the Case of Serrano Cruz
Sisters. Preliminary objections, supra note 7, paras. 64 and 65, and Case of Alfonso Martín del Campo
Dodd. Preliminary objections. Judgment of September 3, 2004. Series C No. 113, para. 79.
29
Cf. Case of the Serrano Cruz Sisters. Preliminary objections, supra note 7, para. 68; Case of
Baena Ricardo et al. Competence, supra note 12, para. 128, and Case of Hilaire, Constantine and
Benjamin et al. Judgment of June 21, 2002. Series C No. 94, para. 19.
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