Haitians Born in the DR of illegal parents stripped of DR Citizenship

[windeguy]

imho 'laws of another nation' are material in this thread, why?

the UN is directly involved in the issue

'other nations' have been involved directly in the issue, including the usa,

the issue is not happening in a vaccuum bubble just between 2 countries

so, those countries who have been getting involved, all countries members of the UN as a matter of fact, need to look themselves in a mirror

the closest piece of land next to DR, is a territory that belong to the USA,

near 4 million people are living there, despite the fact that for 100 years any child born there are legal citizen of the USA, they are not allowed to participate in the USA elections for president, senators etc

worst, if you were born, lets say in NYC, then you move to that particular piece of land you are not allowed anymore to vote in the USA elections, even if you did before while living in NYC

how good is a citizenship if you have no basic/elemental rights?

The UN is not going to discuss the laws of another nation besides the DR. The UN will investigate what the DR is doing for consistency with the treaties the DR has signed. If the DR is consistent with the treaties it has signed, then the UN has no reason to do anything else.

What other countries do regarding citizenship is not relevant to the DR. If the UN, an almost totally useless organization, wants to get involved and sanction the DR because they find the DR did something wrong, they can certainly do so.

I personally feel that being born in a country should not make one a citizen of that country if neither parent is legally a resident in that country. If the DR had previously given anyone citizenship and then enacted a law that retroactively removed that citizenship, I may not like that law, but it I feel it is still the countries right to do that if the elected officials decide it. I didn't have time yet to read the entire thread, but is there no doubt that the DR had jus soli and only recently changed to Jus sanguinis as some have mentioned?

 

[NALs]

You are deflecting the reason behind the question. You said "Dominican jurisprudence doesn?t accepts that a legal right can be conferred on an illegal act." Rape is an illegal act, therefore the baby must not have any legal rights.

I did say that here, but the concept or interpretation is not my own, but rather of the Dominican legal system, so there is no need to debate this.

And no, you have to take into account the context. The right to exist is defined by a legal recognition between the state and the existence of each person. This recognition goes hand in hand with legal recognition of its birth, nationality, etc; and, in the Dominican case, when it?s about kids born to foreign parent(s), the migration status of the parent(s) is also taken into account.

When it comes to the right to an existence that also is tied to the right to an identity, in this case the rape in and of itself is a moral matter, not a legal one and shouldn't be taken into account.

I don't wish to be in this debate, but I don't believe this to be true. Already, inspectors are visiting businesses to check documents of employed Haitians. Fines follow.

The window for regularization will happen, but the details of how this will be done will be made public in the next TC ruling which is suppose to take place in roughly three months.

 

[mountainannie]

The UN is not going to discuss the laws of another nation besides the DR. The UN will investigate what the DR is doing for consistency with the treaties the DR has signed. If the DR is consistent with the treaties it has signed, then the UN has no reason to do anything else.

What other countries do regarding citizenship is not relevant to the DR. If the UN, an almost totally useless organization, wants to get involved and sanction the DR because they find the DR did something wrong, they can certainly do so.

I personally feel that being born in a country should not make one a citizen of that country if neither parent is legally a resident in that country. If the DR had previously given anyone citizenship and then enacted a law that retroactively removed that citizenship, I may not like that law, but it I feel it is still the countries right to do that if the elected officials decide it. I didn't have time yet to read the entire thread, but is there no doubt that the DR had jus soli and only recently changed to Jus sanguinis as some have mentioned?

The DR did not really have jus solis.. since it ALWAYS had an exemption for those who were born to parents who were diplomats or those who were "in transit" .. in other words.. tourists, or temporary workers... That exemption has been in the Constitution since 1929. The DR changed the Constitution to jus sangre in the last Constitution to make it even harder to obtain citixenship.

All of this is an ongoing issue which was has been taken to the InterAmerican Court of the OAS in Costa Rica and did lead to the changing of the Dominican Constitution Dark Skin and ?Strange? Name Lead to Landmark Ruling

http://www.refworld.org/country,,IACRTHR,,DOM,4562d94e2,44e497d94,0.html

 

[Empiric]

Moderator,

is this a gov topic or a legal topic?

the presidente of this "gov" already said he is not stepping into the issue, so it is not an gov administrative issue but a legal issue, imo

for sure this thread does not belong to the clown bin

 

[AlterEgo]

This thread is fine where it is, or in the Haiti Forum.

 

[Empiric]

This thread is fine where it is, or in the Haiti Forum.

If you say so...

the real issue is if all those haitian are legal or illegal in DR, according to the constitution

so i found this forum

dr1.com/forums/legal

with this topic : Dominican Constitution Available in English
Started by Fabio J. Guzman, 04-03-2011 10:41 AM

 

[Stodgord]

What about los chinos de bonao? The Janapanese of Jarabacoa and Constanza? and the Jewish of Sosua? Are they loosing their citizenship as well. I am pretty sure the first thru fourth generation of Haitians have mixed with Dominicans along the way and therefore their kids are Dominican of mixed Haitians ancentry or is there a blood percent test? Once a Haitian acquires the Dominican lingo he/she is fair game.

 

[bob saunders]

What about los chinos de bonao? The Janapanese of Jarabacoa and Constanza? and the Jewish of Sosua? Are they loosing their citizenship as well. I am pretty sure the first thru fourth generation of Haitians have mixed with Dominicans along the way and therefore their kids are Dominican of mixed Haitians ancentry or is there a blood percent test? Once a Haitian acquires the Dominican lingo he/she is fair game.

The Japanese and Jewish groups were legal immigrants. Nice try.
Certainly the descendants are most likely going to be mixed nationalities.

 

[mountainannie]

28 October is deadline for Haitian naturalization

The Presidency and the Ministry of Interior and Police are reminding potential applicants that 28 October is the deadline established in Naturalization Law 169-14 for registration of children of undocumented Haitians born in the Dominican Republic before 18 April 2007. The law established a free fast-tracked process for naturalization but those interested needed to apply for registration in the Foreign Birth Book (Libro de Nacimientos Extranjeros) by that date, a first step in the legalization process.

Applicants need to present a certificate of birth in a Dominican hospital, a sworn statement before a notary public by the person who assisted in the birth, a sworn statement by seven Dominican witnesses or sworn statements by Dominican relatives witnesses of the birth. After submitting the document, applicants have 30 days to complete the documentation.

Law 169-14 established a special procedure for people who had been irregularly registered in the Civil Registry to apply for Dominican nationality.

Ministerio de Interior y Polic?a

Ministerio de Interior y Polic?a

dr1 news

 

[Criss Colon]

So Far, only a few hundred Haitians have completed the program.
Do you think it was planned that way?????????
I DO!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

 

[Alltimegreat]

Retroactive laws are unfair in nature and usually create more problems than they solve.
How can you punish anybody for something they did, if it was legal and lawful when they did it? Mind boggling, at best...

God forbids the US pass a law like that...

It was neither legal nor lawful. The article emphasizes that these people are illegal immigrants.