16. The petitioners maintain that the offices in charge of processing birth registrations refused
to register the girls, saying that they had orders not to register or issue birth certificates to
children of Haitian descent. In this regard, the petitioners claim that the official in charge of
the Civil Registry pointed out that both the first and last names of the girls were foreign and
that they couldn’t be registered because their parents were Haitian and thus they also were
Haitian. This same official said that when the girls were born, their parents were in the country
illegally and thus the girls had no right to Dominican citizenship.
17. The petitioners claim to have exhausted domestic remedies. The respective mothers went
to the Civil Administration Office (Oficialía Civil) in Sabana Grande de Boyá to request belated
declarations of birth. When the official there refused to issue them, the plaintiffs appealed the
decision to the Procurator of the Monte Plata District, who also rejected their applications. This
was the final recourse available for obtaining the belated declarations of birth.
B.
POSITION OF THE STATE
18. The State holds that domestic remedies were not exhausted in the case under
consideration. It adds that there was no refusal to register the girls and that they were told to
redirect their efforts to comply with the provisions of the Central Electoral Board (Junta Central
Electoral, hereinafter JCE), which is competent body for belated declarations. The State added
that the JCE has remained open to the petitioners complying with legal requirements at any
stage of the proceedings and that the order issued by the Procurator of the Monte Plata District
should not be considered final and irreversible.
19. The State also holds that the girls’ mothers must go before the courts of the land to
comply with the requirement of exhausting domestic remedies. It maintains that an appeal to
the Procurator, who is a representative of the Office of the Attorney General (Ministerio
úublico) and not a judge with jurisdiction to rule over legal disputes, is insufficient.
20. The State counters the petitioners’ allegations of discrimination, maintaining that the JCE,
under which public employees of the Civil Administration work, has never issued instructions
that children of Haitian descent are not to be registered.
21. In response to the claim that the girls are in a situation of imminent danger, the State
maintains that “Currently there is no possibility of the Dominican Republic repatriating any
Haitian who is in the country on a legal basis (such as those who hold legal residence, refugee
status, a work permit or a current visa), or who fulfills any of the conditions for tolerance of
illegal immigrants (such as citizenship with prolonged presence in the country or family links
with Dominican nationals).”
22. The State holds that in the case under consideration, the General Office on Migration
(Dirección General de Migración) ordered the pertinent departments not to repatriate minors
Dilcia Yean and Violeta Bosica, both of Haitian descent and allegedly born in the Dominican
Republic, until their claims could be fully checked. The State also reports that the Department
of Haitian Affairs was sent orders to issue a certificate allowing the minors to temporarily
remain in the country on a fully legal basis while their status was being examined.
IV.
ANALYSIS OF ADMISSIBILITY AND COMPETENCE
23. As stipulated in Article 44 of the American Convention on Human Rights (ratione
materiae), the Commission has prima facie competence to examine the petitioners’ complaint
since the alleged acts concern the right to nationality enshrined in Article 20 of the Convention.
The Commission has ratione loci competence since the alleged acts occurred in the jurisdiction
of the Dominican Republic, which has been a State Party to the Convention since 7 September
1978. The Commission has ratione temporis competence since the alleged acts were carried
out during a period in which the Dominican Republic was under obligation to respect and
guarantee the rights enshrined in the Convention.
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