163. The President of the Dominican Republic, in the statement of reasons for Law No.
169-14 of May 23, 2014 (infra para. 180), asserted that “Dominican Republic has a long
history of shortcomings with regard to the registration, documentation and identification
of both nationals and aliens” and that “many people are born on national territory who are
not duly registered and therefore lack a juridical identity, which] reveals an unacceptable
institutional weakness.” Similarly, based on different sources of information published
between 1991 and 2005, the Court has noted that the birth of most children of Haitians
and Dominicans of Haitian descent born in Dominican territory was not registered, at least
around the time of birth. 133 In addition, these shortcomings are also mentioned in the
consideranda of Law No. 169-14, as well as in judgment TC/0168/13 of the Constitutional
Court. Similarly, the connection between these difficulties and what expert witness Ferrán
Brú referred to as the “irregular conditions of the Dominican Civil Registry” should be
noted. Although he did not indicate that the problem affects those of Haitian descent
exclusively, he stated that “the indiscriminate flow of Haitians towards [the Dominican
Republic,] together with [these conditions of irregularity] lead to chaos.” He also affirmed
the existence of “pernicious effects of the irregularities of [the said] Civil Registry,”
concluding that “the purging of the Dominican civil registers has been a necessary
process.” 134
164. In February 2005, Samuel Martínez stated that:
Dominican law and the interpretation that the highest civil registry authorities have made of its
requirements for citizenship support the presumption of the exclusion of Haitians [sic] from
citizenship at the level of the local civil registers. […] The official refusal to grant citizenship to
children of Haitian immigrants born in the Dominican Republic has created a broad category of de
facto stateless persons. 135
165. In view of the foregoing, one of the main difficulties faced by children of Haitian
descent when trying to obtain Dominican nationality is obtaining a certificate of their birth
in Dominican territory from a Civil Registry Office. Thus, added to the statement of
reasons for Law No. 169-14 (supra para. 163), the Court has observed, based on
information from 1991 to 2005, that mothers usually give birth to their children at home,
in view of the difficulty to travel from the bateyes to the hospitals in the towns, their
limited financial resources, and the fear of meeting hospital officials, police agents, or
officials from the local municipality and being expelled. 136 However, these are not the only
problems. Thus, the Court notes that it has been reported that there have been cases in
which the Dominican public authorities have made it difficult to obtain the birth certificates
of children of Haitian descent, 137 and that parents who are Haitian immigrants or
133
Case of the Yean and Bosico Girls v. Dominican Republic, para. 109.10. In this regard, the National
Coalition for Haitian Rights has described the fear of being deported usually felt by the parents of children of
Haitian descent if they go to register their children, and indicated that frequently the parents do not have identity
documents even though they have lived in the Dominican Republic for numerous years. The widely-held opinion
is that the identity cards of Haitians are false. Similarly, Samuel Martínez stated that “late civil registration is
frequently the only mechanisms that the Dominico-Haitians have to obtain an official certification that they were
born in the Dominican Republic. Many Haitians decide to give birth to their children at home instead of going to a
health clinic, for lack of money, difficulties in finding adequate transport from the remote rural settlements, or
fear that the hospital staff or the police agents will denounce them as illegal residents. In recent years, hospital
staff have refused birth certificates even to Haitians born in hospitals” (cf. Testimony of Samuel Martínez in the
case of the Yean and Bosico Girls v. Dominican Republic).
134
Expert opinion provided by Fernando Ignacio Ferrán Brú by affidavit.
135
Cf. Testimony of Samuel Martínez in the case of the Yean and Bosico Girls v. Dominican Republic.
136
Case of the Yean and Bosico Girls v. Dominican Republic, para. 109.10 and footnote 47. Expert witness
Samuel Martínez testified similarly (Cf. Testimony of Samuel Martínez in the case of the Yean and Bosico Girls v.
Dominican Republic).
137
Case of the Yean and Bosico Girls v. Dominican Republic, para. 109.11.
53
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