27
that they were living in the Dominican Republic legally, how long they had been in the country, that they
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had family ties with Dominican nationals, or their work status in the country.
131.
Later, in its 2002 follow-up report on the situation of human rights in the country, the
Commission observed with concern that the practice of mass deportations continued. The report states
that on January 24, 2001, the Director General of Migration, Trajano Moreta Cuevas, had said that 14,000
Haitians were repatriated in 2000 alone, and an estimated one million Haitians without documents were
currently residing on Dominican soil. Various sources told the Commission that around 9,000 Haitians
were deported in 2001. The IACHR also expressed concern over the fact that expulsions were carried
out in a violent manner, before Haitians workers could collect their wages and contact their families. The
Commission concluded that the expulsions were being carried out in direct contravention of the guidelines
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set down in the Bi-national Agreement on Conditions of Deportation, adopted in December 1999.
132.
More recently, exercising its authorities under Article 41 of the American Convention, the
Commission asked the State to provide information on how the procedures followed to expel Haitians and
Dominicans of Haitian origin were conducted. As of the date of approval of this report, the State has not
supplied that information.
133.
For its part, the Inter-American Court has written that “[t]he Dominican Republic has
deported Haitians and Dominicans of Haitian origin irrespective of their migratory status in the country. In
such cases, the decisions have been taken without any prior investigation procedure. In some cases in
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the 1990s, these deportations included many thousands of persons.”
134.
The international mechanisms for the protection of human rights have closely monitored
the massive deportations of Haitians and Dominican-Haitians from the Dominican Republic to Haiti. The
Human Rights Committee expressed concern at the continuing reports of mass expulsions of ethnic
Haitians, even when such persons are nationals of the Dominican Republic. It held that the Dominican
Republic should guarantee the right of every Dominican national not to be expelled from the country and
ensure that all persons facing deportation proceedings are covered by the safeguards established in the
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Covenant on Civil and Political Rights.
135.
The UN Committee on the Elimination of Racial Discrimination also expressed concern
at: a) information received according to which migrants of Haitian origin, whether documented or
undocumented, are allegedly detained and subject to collective deportations (“repatriations”) to Haiti
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without any guarantee of due process; b) reports alleging that Dominicans of Haitian descent, who are
holders of a birth certificate, identity cards and electoral identity documents have had their identity
documents confiscated and destroyed, or have been denied copies of these documents on the grounds of
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their ethnic origin;
and c) allegations of discriminatory or vexatious conduct towards dark-skinned
111
IACHR, Report on the Situation of Human Rights in the Dominican Republic. OEA/Ser.L/V/II.104, Doc. 49 rev. 1,
October 7, 1999, paragraphs 325-327.
112
Annex 55. Follow-up of the Recommendations Formulated by the IACHR in Its Reports on the Situation of Human
Rights in Member States, Dominican Republic, Chapter V, Annual Report 2001, approved by the IACHR at its 114th regular
session, February 25 to March 15, 2002, paragraph 89.
113
I/A Court H.R., Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 8, 2005. Series C No. 130, paragraph 109.10.
114
Annex 56. UN, Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of
the Covenant. Concluding Observations of the Human Rights Committee, CCPR/CO/71/DOM, April 26, 2001, paragraph 16.
115
UN, Committee on the Elimination of Racial discrimination, 72nd session, CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION. Concluding observations of the Committee on
the Elimination of Racial Discrimination. DOMINICAN REPUBLIC, CERD/C/DOM/CO/12, May 16, 2008, paragraph 13.
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UN, Committee on the Elimination of Racial discrimination, 72nd session, CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION. Concluding observations of the Committee on
the Elimination of Racial Discrimination. DOMINICAN REPUBLIC, CERD/C/DOM/CO/12, May 16, 2008, paragraph 16.