I tried twice to post this in the Haitian citizenship thread, and the system said I did, but for whatever reasons neither post has appeared.
According to Haiti's 1987 constitution (and as far as I know the newest one does NOT change it), Haiti not only restrict citizenship at birth to those with a Haitian parent. The Haitian parent must be NATIVE-born, that is, NOT a naturalized Haitian.
It is of course possible to become a naturalized Haitian, but the naturalization does not seem to carry over to the descendants.
Somehow, those scandalized by the fact that according to the Dominican Constitutional Court, the children of illegal residents do not qualify for Dominican citizenship at birth seem to have no problem with the fact that the children of Dominicans (or any foreigners) born in Haiti cannot get Haitian citizenship, even if the parents are legal permanent residents, and it seems even if the parents are naturalized Haitian citizens.
Evidently consistency and fairness are not a high priority for some.
See below.
Sorry but you are completely wrong.
Here is an "official" translation at Georgetown University:
Those, they are ruling out children whose parents are NATURALIZED Haitians...those are the ones who do not get citizenship at birth...
Nowhere is birth IN Haiti mentioned as a factor one way or another.
Haiti: Constitution, 1987
According to Haiti's 1987 constitution (and as far as I know the newest one does NOT change it), Haiti not only restrict citizenship at birth to those with a Haitian parent. The Haitian parent must be NATIVE-born, that is, NOT a naturalized Haitian.
It is of course possible to become a naturalized Haitian, but the naturalization does not seem to carry over to the descendants.
Somehow, those scandalized by the fact that according to the Dominican Constitutional Court, the children of illegal residents do not qualify for Dominican citizenship at birth seem to have no problem with the fact that the children of Dominicans (or any foreigners) born in Haiti cannot get Haitian citizenship, even if the parents are legal permanent residents, and it seems even if the parents are naturalized Haitian citizens.
Evidently consistency and fairness are not a high priority for some.
See below.
This is from the 1987 constitution.
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.
....
Note that Haitian citizenship is only granted to those WHO ARE BORN IN HAITI TO Either a Haitian mother or father...
in other words, jus sangre and jus solis.. ...
....All of the children who have been born here in the Dominican Republic since 1987 to Haitian mothers and fathers do not have the rights of citizenship in Haiti except by naturalilzation.
Sorry but you are completely wrong.
Here is an "official" translation at Georgetown University:
ARTICLE 11:
Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.
Those, they are ruling out children whose parents are NATURALIZED Haitians...those are the ones who do not get citizenship at birth...
Nowhere is birth IN Haiti mentioned as a factor one way or another.
Haiti: Constitution, 1987