Haitian Citizenship from Birth

NALs

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Jan 20, 2003
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Is it true that the Haitian Constitution recognizes jus sanguinis as the only way a person can acquire Haitian citizenship upon birth?

Does anyone has a link to the currently enforced Haitian constitution in either Spanish or English? If so, share it!

In the recent hoopla from the Dominican Constitutional Tribunal decision, some people have been claiming that the Haitian Constitution is even stricter than the Dominican one.

The Dominican Constitution claims that children born on Dominican soil to foreign diplomats, people in transit, and illegal residents (aka illegal immigrants) don't automatically acquire Dominican citizenship, but rather the citizenship of their parents. However, children born on Dominican soil to legal foreigners do automatically get Dominican citizenship, even if the legal migrants as Haitian citizens themselves.

Some people have been claiming that in Haiti all children born to foreign parents don't automatically acquire Haitian citizenship, but that of their parents. The constitution there doesn't make a distinction between legal and illegal foreigners on Haitian soil, so it is accepted as a full and automatic rejection of all foreigners.

But I'm not sure about this. I've seen some things online regarding the Haitian Constitution, but haven't found an actual copy of the constitution currently in effect.

Thanks!
 

the gorgon

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Sep 16, 2010
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Is it true that the Haitian Constitution recognizes jus sanguinis as the only way a person can acquire Haitian citizenship upon birth?

Does anyone has a link to the currently enforced Haitian constitution in either Spanish or English? If so, share it!

In the recent hoopla from the Dominican Constitutional Tribunal decision, some people have been claiming that the Haitian Constitution is even stricter than the Dominican one.

The Dominican Constitution claims that children born on Dominican soil to foreign diplomats, people in transit, and illegal residents (aka illegal immigrants) don't automatically acquire Dominican citizenship, but rather the citizenship of their parents. However, children born on Dominican soil to legal foreigners do automatically get Dominican citizenship, even if the legal migrants as Haitian citizens themselves.

Some people have been claiming that in Haiti all children born to foreign parents don't automatically acquire Haitian citizenship, but that of their parents. The constitution there doesn't make a distinction between legal and illegal foreigners on Haitian soil, so it is accepted as a full and automatic rejection of all foreigners.

But I'm not sure about this. I've seen some things online regarding the Haitian Constitution, but haven't found an actual copy of the constitution currently in effect.

Thanks!

i am sure mountainannie can help here
 

GWOZOZO

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Dec 7, 2011
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This is from the 1987 constitution.

There may have been some update in regards to dual-citizenship which has always been forbiden.


TITRE II
De la Nationalit? Ha?tienne
ARTICLE 10:

Les r?gles relatives ? la Nationalit? Ha?tienne sont d?termin?es par la Loi.

ARTICLE 11:
Poss?de la Nationalit? Ha?tienne d'origine, tout individu n? d'un p?re ha?tien ou d'une m?re ha?tienne qui eux-m?mes sont n?s Ha?tiens et n'avaient jamais renonc? ? leur nationalit? au moment de la naissance.


ARTICLE 12:
La Nationalit? Ha?tienne peut ?tre acquise par la naturalisation.

ARTICLE 12.1:
Tout ?tranger apr?s cinq (5) ans de r?sidence continue sur le Territoire de la R?publique peut obtenir la nationalit? ha?tienne par naturalisation, en se conformant aux r?gles ?tablies par la Loi.

ARTICLE 12.2:
Les Ha?tiens par naturalisation sont admis ? exercer leur de vote, mais ils doivent attendre cinq (5) ans apr?s la date de leur naturalisation pour ?tre ?ligible ou occuper des fonctions publiques autres que celles r?serv?es par la Constitution et par la Loi des ha?tiens d'origine.

ARTICLE 13:
La Nationalit? ha?tienne se perd par :
a) La Naturalisation acquise en Pays ?tranger;
b) L'occupation d'un poste politique au service d'un Gouvernement Etranger;
c) La r?sidence continue ? l'?tranger pendant trois (3) ans d'un individu ?tranger naturalis? ha?tien sans une autorisation r?guli?rement accord?e par l'Autorit? comp?tente. Quiconque perd ainsi la nationalit? ha?tienne, ne peut pas la recouvrer.

ARTICLE 14:
L'Ha?tien naturalis? en pays ?tranger peut recouvrer sa Nationalit? ha?tienne, en remplissant toutes les conditions et formalit?s impos?es ? l'?tranger par la loi.

ARTICLE 15:
La double nationalit? ha?tienne et ?trang?re n'est admise dans aucun cas.
 
Mar 1, 2009
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Someone wrote Mountainannie can help. No she can't she is part of the problem. Right now she and her peeps in the Robert Kenedy Foundation and USAID and all these other alphabet soup NGO's are making waves internationally to smear and trash DR concerning this issue.
She harps about how DR is a sovereign country but she speaks with a forked tongue kemosabe.
All Haitians know they have Haitian citizenship from birth, all of them. They just don't want it. I know this Haitian dude whose dad is Dominican, mom is Haitian. He was born in NYC, he said to me and some others "I might as well burn my Dominican passport cause they don't want me to be a citizen"
I asked him-"so are you gonna use your Haitian Passport?"
He looked at me like I was crazy.
He say's "Haitian passport? Nobody wants that, I'll use my USA one"...
Conho....
 

Quisqueya

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Nov 10, 2003
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Haitians that have acquired another citizenship are not considered Haitians as they have renounced their nationality. Haitian descendants born in foreign land can't obtain Haitian nationality. The genocide via TC is worse than el corte of 1937 as 8 generation now are considered foreigners. I hope the USA with it's immigration problem consider doing the same from American born to Dominican parents. Dominicans will face the consequences in other parts of the world. Lando, if someone would try to sell me a Dominican BC I would decline as it isn't worth nothing outside of the DR. Don't get your pants in a bunch as Haitians are waiting for dual citizenship to acquire the Haitian nationality. I know many Dominicans who are US citizens who would never obtain their nationality as it is worth nada. You guys have wiped out an essential part of your community that have contributed as Dominicans to your country. I will never set foot in your country again and will encourage every Haitian in the diaspora to stay away. Dominicans hate Haitians and are our enemy..
 

JMB773

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Nov 4, 2011
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Someone wrote Mountainannie can help. No she can't she is part of the problem. Right now she and her peeps in the Robert Kenedy Foundation and USAID and all these other alphabet soup NGO's are making waves internationally to smear and trash DR concerning this issue.
She harps about how DR is a sovereign country but she speaks with a forked tongue kemosabe.
All Haitians know they have Haitian citizenship from birth, all of them. They just don't want it. I know this Haitian dude whose dad is Dominican, mom is Haitian. He was born in NYC, he said to me and some others "I might as well burn my Dominican passport cause they don't want me to be a citizen"
I asked him-"so are you gonna use your Haitian Passport?"
He looked at me like I was crazy.
He say's "Haitian passport? Nobody wants that, I'll use my USA one"...
Conho....



Why would a Haitian use Haiti passport when he or she has a USA passport?????? Did you really have to ask that question. If you are going to make up a story at least make it somewhat believable.

99.99999% of people with a USA passport travel with that passport. Every Mexican I know with a USA passport ALWAYS travel with it. Why would you need to ask that question????

BTW Do you really think the international community cares what takes place among the Dominican Republic and Haiti??? Since the earthquake Haiti and Dominican Republic is a non issue.

To launch a "smear" attack one of the two has to be relevant and I am sorry to inform you CNN, CNBC, CSPAN, BBC etc. do not feel people attacking DR is worth their time in other words NOBODY CARES, but a few DR1 posters.

I know around 5 Dominican families here and the word Haiti or Haitians NEVER come out of their mouth. You know why?? They have better things to do with their lives.
 
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Naked_Snake

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Sep 2, 2008
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Haitians that have acquired another citizenship are not considered Haitians as they have renounced their nationality. Haitian descendants born in foreign land can't obtain Haitian nationality. The genocide via TC is worse than el corte of 1937 as 8 generation now are considered foreigners.

The crucial question to ask here is if this measure will count with the imperial blessing, cuz' you and I both know that real power in Hispaniola lies in certain Embassy located at Leopoldo Navarro avenue...
 

mountainannie

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Dec 11, 2003
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Haitians that have acquired another citizenship are not considered Haitians as they have renounced their nationality. Haitian descendants born in foreign land can't obtain Haitian nationality. The genocide via TC is worse than el corte of 1937 as 8 generation now are considered foreigners. I hope the USA with it's immigration problem consider doing the same from American born to Dominican parents. Dominicans will face the consequences in other parts of the world. Lando, if someone would try to sell me a Dominican BC I would decline as it isn't worth nothing outside of the DR. Don't get your pants in a bunch as Haitians are waiting for dual citizenship to acquire the Haitian nationality. I know many Dominicans who are US citizens who would never obtain their nationality as it is worth nada. You guys have wiped out an essential part of your community that have contributed as Dominicans to your country. I will never set foot in your country again and will encourage every Haitian in the diaspora to stay away. Dominicans hate Haitians and are our enemy..

The Constitution of Haiti now recognizes dual citizenship. Those whose parents were born in Haiti are entitled to Haitian citizenship. The stateless issue comes into play by for those whose parents are born in the Dominican Republic. They are not entitled to Haitian citizenship and now not entitled to Domnican citizenship and are therefore stateless.
 

AlterEgo

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Jan 9, 2009
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The Constitution of Haiti now recognizes dual citizenship. Those whose parents were born in Haiti are entitled to Haitian citizenship. The stateless issue comes into play by for those whose parents are born in the Dominican Republic. They are not entitled to Haitian citizenship and now not entitled to Domnican citizenship and are therefore stateless.

Thanks for the clarification Annie.
 

Taino808

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Oct 10, 2010
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Thanks for the clarification Annie.

MA's post is not a clarification, fact is, the Haitian constitution (Article 11) grants all Haitians nationality through Jus Sanguinis (right of blood) no matter where they are born on this earth, this is unless they publicly denounce said birth right.

MA is just glossing over written facts, with some convenient lies.
 

bob saunders

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Jan 1, 2002
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The Constitution of Haiti now recognizes dual citizenship. Those whose parents were born in Haiti are entitled to Haitian citizenship. The stateless issue comes into play by for those whose parents are born in the Dominican Republic. They are not entitled to Haitian citizenship and now not entitled to Domnican citizenship and are therefore stateless.

If the parents had Haitians parents, under what you've just stated they would retroactively be entitled to Haitian citizenship, would they not?
 

AlterEgo

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MA's post is not a clarification, fact is, the Haitian constitution (Article 11) grants all Haitians nationality through Jus Sanguinis (right of blood) no matter where they are born on this earth, this is unless they publicly denounce said birth right.

MA is just glossing over written facts, with some convenient lies.

Taino, quiskeya had just posted, saying that Haitians not born in Haiti are not entitled to Haitian citizenship. It seems that's not true - if they parents were born in Haiti, they are Haitians.
 

jkc

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It is not true! It is not AUTOMATIC IF YOU MOTHER OR FATHER is a foreigner, but you can easily naturalize and become HAITIAN.
Tout ?tranger apr?s cinq (5) ans de r?sidence continue sur le Territoire de la R?publique peut obtenir la nationalit? ha?tienne par naturalisation, en se conformant aux r?gles ?tablies par la Loi.

Basically, anybody can be A HAITIAN, ,just after 5 years, following the legal way. Period!
Don't twist things around! This is the same ISLAND, but two different countries.
 
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Taino808

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Oct 10, 2010
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Taino, quiskeya had just posted, saying that Haitians not born in Haiti are not entitled to Haitian citizenship. It seems that's not true - if they parents were born in Haiti, they are Haitians.


Evidently, Quiskeya is just one more Haitian trying to distort facts in the hopes of getting us (Dominicans) to change our view on this new law. His sole purpose is to steer everyone's view away from the "peaceful" invasion of our country by the millions of Haitian nationals.

The Haitian Constitution is very clear on who's a Haitian citizen. Through Jus Sanguinis (right of blood), anyone born to a Haitian is automatically a Haitian citizen. The only way to lose Haitian citizenship, is by denouncing it, or by providing political services to a foreign country.
 

Naked_Snake

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Sep 2, 2008
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It is not true!
Tout ?tranger apr?s cinq (5) ans de r?sidence continue sur le Territoire de la R?publique peut obtenir la nationalit? ha?tienne par naturalisation, en se conformant aux r?gles ?tablies par la Loi.

Basically, anybody can be A HAITIAN, ,just after 5 years, following the legal way. Period!
Don't twist things around! This is the same ISLAND, but two different countries.

I remember that this (the five year residency) was the excuse used to shut down Wyclef's candidacy to the presidency. I wonder how things would have turned out had it been accepted.
 

Taino808

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Oct 10, 2010
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It is not true!
Tout ?tranger apr?s cinq (5) ans de r?sidence continue sur le Territoire de la R?publique peut obtenir la nationalit? ha?tienne par naturalisation, en se conformant aux r?gles ?tablies par la Loi.


Google translation of the above quote is as follow:
"Any foreigner after five (5) years of continuous residence in the territory of the Republic may obtain Haitian nationality by naturalization, in accordance with rules established by the Act."

This has absolutely nothing to do with the topic at hand. We are debating whether Haitians born in the DR to Haitian parents are in fact Haitians citizens, or not. What you posted above relates more to foreigners.
 

Quisqueya

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Nov 10, 2003
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MA,

You are incorrect, the Constitution of Haiti does NOT recognize dual citizenship. Where are you getting this information from? I have family members and friends who are waiting for dual citizenship to be implemented so they can't lose their Haitian nationality. The only issue I have is with Dominican born of Haitian ancestry who now according to TC Dominicans of Haitian origin going as far back as 1929 will no longer be Dominicans. This is apartheid and genocide. I found it ironic a country with so many illegals in USA/PR etc have the audacity to approve this sentence. This is only going to create friction and setting up for a Rwanda in the Americas.
 

Quisqueya

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Nov 10, 2003
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Evidently, Quiskeya is just one more Haitian trying to distort facts in the hopes of getting us (Dominicans) to change our view on this new law. His sole purpose is to steer everyone's view away from the "peaceful" invasion of our country by the millions of Haitian nationals.

The Haitian Constitution is very clear on who's a Haitian citizen. Through Jus Sanguinis (right of blood), anyone born to a Haitian is automatically a Haitian citizen. The only way to lose Haitian citizenship, is by denouncing it, or by providing political services to a foreign country.

Taino,

Personally I could care less about the Dominican nationality as it is worthless..your people are taking yolas to leave and come to where I and you reside. How nice is it to spew diatribes in the USA cupones y todo. Again, what the hell can anyone outside of DR do with a Dominican passport or BC...no sirve para nada. DR is a non factor in the big world and considered a poor country. I will never set foot in the DR as Dominicans are born to hate Haitians. I feel sorry for Dominicans of Haitian origin who most likely have an anti Haitian ideology and backward mentality to now be considered Haitian. This is only going to create friction as these people aren't going to vanish.
 

mountainannie

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Dec 11, 2003
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MA,

You are incorrect, the Constitution of Haiti does NOT recognize dual citizenship. Where are you getting this information from? I have family members and friends who are waiting for dual citizenship to be implemented so they can't lose their Haitian nationality. The only issue I have is with Dominican born of Haitian ancestry who now according to TC Dominicans of Haitian origin going as far back as 1929 will no longer be Dominicans. This is apartheid and genocide. I found it ironic a country with so many illegals in USA/PR etc have the audacity to approve this sentence. This is only going to create friction and setting up for a Rwanda in the Americas.

Is Reuters good enough for you? Haiti constitutional amendments finally take effect | Reuters

This has been watched for ten years since that is the miniumum time for changing the Haitian constitution, unlike here in the DR where the constitution can be simply changed by the legistlature. In Haiti, it must be passed by one legislature, then by a second, then implemented under a third Presidential term. The amendment on dual citizenship was first introduced under Aristide.
 

K-Mel

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Apr 15, 2012
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I really think that Nationalism is ok when it is focused on how to lift your country up, but this decision made by TC is crystal clear about the real agenda, unfortunately it will give a bad name to the entire country, when Dominican people in a general basis is a generous people ( at least the people I know who are very different from the internet nationalists wannabe who at 90 % enjoy a good life abroad).

Man, If the US applies this same law many people will have to pack their bags ( and go back to Europe , the West Indies , Africa or whatever)