31
146.
The United Nations Committee on the Rights of the Child expressed its deep concern “at
the discrimination against children of Haitian origin born in the territory [of the Dominican Republic] or
belonging to Haitian migrant families, especially their limited access to housing, education and health
services, and note[d] in particular the lack of specifically targeted measures to address this problem.”
Specifically in relation to birth registration, the Committee indicated that “in particular, concern [was]
expressed about the situation of children of Haitian origin or belonging to Haitian migrant families whose
right to birth registration has been denied in the State [... and, as a] result of this policy, those children
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have not been able to enjoy fully their rights, such as to access to health care and education.”
147.
Citing the United Nations Commission on Human Rights, the Court has also held that
The issue of racism […] is sometimes manifested among Dominicans themselves, but above all it is
evident towards Haitians or those of Haitian origin whose families have, at times, been established
for several generations and who continue entering the country. […] There are very few Haitians,
even those who have been living in the Dominican Republic since 1957, […] who obtain
naturalization. This is the strongest discrimination that the independent expert has met throughout
her mission. The authorities are very aware of this problem […]. The fact that Haitians do not have
legal existence in the Dominican Republic is based on a deep-rooted phenomenon of lack of
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recognition […].
148.
On March 28, 2011, the Dominican State participated in a hearing held by the IACHR,
which the State had requested to report on the amendment of the Civil Register in the country. At that
hearing the State observed that the registration problem in the country was a long-standing one.
Specifically, it commented that although the Civil Register is under the government, it was never
administered by civil service personnel; instead, each civil records office was run by a natural person who
was responsible for leasing the space for the facility, establishing the procedure and determining the
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fees.
149.
The State also pointed out that the difficulties with the registration process were directly
related to the 1990 and 1994 election crises, which triggered demands from the international community
for regulation of the registration system. The State reported that through the “Solidarity Program” that the
World Bank agreed to help fund, the survey conducted in areas of extreme poverty found that between
22% and 24% of Dominican citizens did not have birth certificates.
150.
The State observed that, despite the legislative measures and amendments approved to
correct the problem of under-registration and flawed registration, the causes of the problem persisted and
somewhere between 10% and 14% of the volumes containing the records were lost because they were in
such bad condition.
151.
In the case of children, the State reported that the birth certificate was not issued at the
hospital and that a survey conducted of schools found that 18,000 children did not have birth certificates.
V.
THE LAW
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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 169, citing United Nations, Committee on the Rights of
the Child, Examination of the Reports presented by the States Parties under Article 44 of the Convention. Concluding Observations
of the Committee on the Rights of the Child. The Dominican Republic. UN Doc. CRC/C/15/Add.150, of 21 February 2001,
paragraphs 22 and 26.
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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 170, citing United Nations, Commission on Human
Rights, “Human rights and extreme poverty,” report presented by the independent expert on the question of human rights and
extreme poverty, A. M. Lizin, under Resolution 2002/30 of the Commission on Human Rights. Addition: Mission to the Dominican
Republic. UN Doc. E/CN.4/2003/52/Add.1, paragraphs 8 to 13.
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Annex 58. IACHR, Thematic Hearing. Modification of the Civil Register in the Dominican Republic, 141st session,
March 28, 2011. Available at: http://cidh.org/Comunicados/English/2011/CALENDAR141EN.htm.