70
17 of the American Convention, in relation to Article 1(1) thereof, to the detriment of Carmen Méndez,
Aíta Méndez, Domingo Méndez, Rosa Méndez, José Méndez y Teresita Méndez, Carolina Fils-Aime,
William Gelin, María Esther Medina Matos, Jairo Pérez Medina, Gimena Pérez Medina and Antonio
Sensión, Jessica Jean, Víctor Manuel Jean.
334.
Moreover, the Commission considers that, to date of the approval of the present report, it
does not have sufficient elements to rule on possible violations of article 7 of the Convention of Belém do
Pará.
VII.
RECOMMENDATIONS
335.
Based on the foregoing considerations,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS IS RECOMMENDING TO THE
STATE OF THE DOMINICAN REPUBLIC THAT:
1.
It permit all the victims who are still within Haitian territory to return to the territory of the
Dominican Republic.
2.
It take the measures necessary to:
a. recognize the Dominican citizenship of Benito Tide Méndez, William Medina Ferreras, Wilda
Medina, Luis Ney Medina, Ana Lidia Sensión, Reyita Antonia Sensión, Rafaelito Pérez Charles, Miguel
Jean, Victoria Jean and Natalie Jean and provide or replace all the necessary documentation certifying
them as Dominican citizens.
b. provide Nene Fils-Aime, Diane Fils-Aime, Antonio Fils-Aime, Marilobi Fils-Aime, Endry FilsAime, Andren Fils-Aime, Juan Fils-Aime, Berson Gelin and Víctor Jean with the necessary documentation
certifying that they were born in Dominican territory, and move forward with the procedures necessary to
recognize their Dominican citizenship
c. ensure that Lilia Jean Pierre, Janise Midi, Carolina Fils-Aime, Ana Virginia Nolasco, Andrea
Alezy, Marlene Mesidor and McKenson Jean Haitian nationals, are able to continue to live as legal
residents in Dominican territory, with their families.
3.
Pay an integral compensation to the victims or their successors in title, where necessary;
the compensation should cover pecuniary and non-pecuniary damages and the property the victims had
to leave behind in the Dominican Republic when they were expelled.
4.
Publicly acknowledge the violations established in the present case, while ensuring
adequate means to publicize the acknowledgement.
5.
Adopt measures of non-repetition
a. that ensures the cessation of the practice of collective expulsions and deportations, adjust the
repatriation procedures to conform to domestic law and the international human rights standards
established in this report, while taking special care to guarantee the principles of equality and
non-discrimination and to observe the State’s specific obligations vis-à-vis children and women.
b. including a review of domestic legislation on inscription and granting of nationality to persons of
Haitian descent born in Dominican territory, and the repeal of those provisions that directly or
indirectly have a discriminatory impact based on the race or national origin, taking into account
the principle of ius soli established by the State, the State obligation to prevent statelessness and
international human rights law applicable standards.