CONEP urges authorities to declare Haitian migration a National Priority

The National Council of Business (Conep) is indicating to the Dominican government that the time has come to define and resolve the issue of uncontrolled Haitian migration, because the delay is causing a rift in the racial and interethnic relations in the national territory and increasing the lack of international understanding and causing disapproval of the Dominican position. The issue is about proposing solutions to each of the problems that are very evident, of fulfilling the laws that are in effect and respecting the human rights of each Haitian citizen and their children in the Dominican territory, without violating or ignoring the unalienable rights of the Dominican government to its sovereignty as a free people under the rule of democratic laws. Santo Domingo, 1 September 2008. The National Council of Business (CONEP) urges the national authorities to declare the Haitians and Haitian descendants an issue of national priority, to make viable in the shortest term the definition of an integral and responsible migration policy that can overcome the obstacles that the uncontrolled and illegal Haitian exodus is creating with regard to human rights, racial prejudices, defense of migrants, civil genocide, dignified work, smuggling of persons, and other issues. The umbrella organization of Dominican business suggests that extensive consultations be held with members of Dominican society to establish, in an objective way, what is expected regarding the legitimacy of the migrants, and to draw up proposals on the conflictive areas of migration policy that need the attention of the authorities. The president of CONEP, Lisandro Macarrulla presided over a press conference to set the institution’s position on the organization of the topic of Haitian migrants and their descendants, and to outline proposals on key issues of the conflict. The business leader said that the intention is to encourage a national debate that could be followed by decision-making on a topic that oftentimes seen in the wrong light. Perhaps, one day, this will be put behind us, or perhaps it will help us overcome the inequities that the Haitian presence in the DR is causing in the country and abroad. "We recognize that the Haitian population is abandoned to its own dynamics of confrontation and relative disorganization in a context of institutional destabilization and bankruptcy of its subsistence farming model, which stimulates migration that leaves by sea to the US, Cuba, Jamaica or the Bahamas and by land to the DR," said Macarrulla. "Right now, all these places deport the illegal immigrants when they are detected. Therefore, in the understanding that as a free and sovereign nation, we (the Dominican Republic) need to accelerate the adoption of conscientious and responsible policies to deal with this situation, within a scrupulous framework of respect for human rights, commitments and international agreements." This initiative is based on the sole hope that simple disagreements and differences of positions stop spurring the fires of animosity and exclusion. "The differences are mentioned in order to sustain mutual respect and the collaboration of all those who contribute to the strengthening of our institutions and democracy," emphasized Macarrulla. Among the areas that CONEP is addressing regarding migration policy are those relative to the Mixed Bilateral Commission, demographic statistics, policy guidelines, Dominican nationality, racism in the Dominican Republic and General Law 285-04 on Migration. The Conep is also looking at the areas of civil documentation, repatriations and deportations, border trade, markets and labor rights, and environmental and cultural preservation. The following is a CONEP document highlighting the conflictive areas of Migration Policy. Main Areas of Conflict The general situation in Haiti has stimulated emigration, primarily to Dominican territory. It has been said that the DR continues to receive unrestrained Haitian migration and is home to and sustains in its territory a population of Haitian origin that works legally or illegally in its territory. And, as a consequence, this has created a series of internal difficulties and problems that require the prompt attention of the Dominican authorities. We can identify the following ten conflicting areas, without any order or precedence, that today continue to present serious difficulties. a. Dominican nationality There are two positions as to the interpretation of Article 11 of the Dominican Constitution. For some, one is a Dominican by Jus Solis, having been born in the national territory, and not the offspring of a diplomat accredited in the country or in transit. This transit condition is understood as a maximum of 10 days only (according to Section V of the Ruling for the application of the 1939 Migration Law that was in effect until the signing of the New Migration Law 2004. For others, since an illegality cannot generate a rule of law, Jus Solis applies only to descendents of legal residents in the country, with the exception of diplomats and those in transit, such as what is established in the Constitution of the Dominican Republic from 1929, and also recognized by the Supreme Court of Justice by way of its decision of 14 December 2005. b. Racism in the Dominican Republic The concentration of poverty, exclusion, and vulnerability of the Haitian population, and their descendent and for Dominicans of black skin, puts the issues of racism, segregation and xenophobia on the table. For some, Dominican society is racist and xenophobic, as is evidenced principally in the denial of the most noted human rights to the Haitian population and its descendents. For others, the fact that there are cases of racism and xenophobia amidst the Dominican society does not mean that this society, starting with its institutions and judicial bodies, supports or promotes these deviations nor that these are part of society as a whole. c. Civil documentation The drama of migration and emigration is increasing by mere fact that these persons continue to be undocumented and experiencing what is being called a "civil genocide." For some, not only is the proper documentation of the country denied to Haitian migrants and their descendents, but the newly born are deprived of their own documents, a situation that increases their vulnerability and marginality, especially at the time of requiring essential services such as education, health, free transit or the issuance of identity documents by the Civil Registry. For others, the situation is being overcome, with the implementation of the Pink Book and the Foreigner’s Book, as well as with the purging for nationals and foreigners of the books of the Civil Registry Offices, after the issuing of Circular No. 017 of the Central Electoral Board, in strict compliance of the new Migration Law. d. General Migration Law 285-04 From 15 August 2004, the country is governed by a new General Migration Law. Nevertheless, there are many doubts on its reach and implementation, and these are the reasons doubts on the matter have not been cleared up. For some, from now on the terms of this Law will be implemented. For others, this law is not consequential, because since there is no ruling, it is being erroneously applied. In both positions, certain distance between what is legal and what is in practice can be seen; for the first, the deficiencies that come from this difference of opinion respond to the human factor and need not be confused with being a policy of state, and for others it is a constant source of citizen demands in and outside the country. e. Repatriations and deportations Documented or not, Haitian migrants and their descendents are subject to continuous repatriations and deportations from the Dominican national territory. In this context, some point that, both the repatriations, and the raids and mass expulsions of Haitian migrants, are carried out in an arbitrary way, in detriment to the black race, and in violation of the most elemental human rights of those that are affected. Others allege that the national migration authorities only apply the protocol that was approved by both countries in 1999, which are the norms that rule repatriations. Any excess on behalf of a government officer, once denounced and proven, is duly penalized, never tolerated. f. Border As has happened in the past between the Spanish and French colonies of the island, the border between the republics of Haiti and the Dominican Republic is land where families live in harmony and trade, as well as of disagreements, abuses and complaints. For some, the Dominican/Haitian border is a place for the smuggling of undocumented persons, drugs, contraband, or for extortions and other, multiple violations to human rights. For others, it is a de facto militarized space, to stamp out these problems and curtail all types of smuggling and contraband. g. Trade Despite trade being important over the years for Haiti and the Dominican Republic, for diverse reasons both states have shown a historic incapacity to agree on and respect operational trade norms and to agree on a bilateral trade agreement that would regulate, facilitate and make transparent trade along the border and between both countries. In recent months, there is evidence of the reciprocal relation of dependence between Dominicans and Haitians in trade and labor matters. For some, the trade relations are in both directions, independently of whether the merchandise is contraband in either direction. For others the emphasis is on border trade. This primarily benefits the Haitian side, that, if it could not source Dominican products, could not feed its population. h. Markets and labor rights The matter of whether the Dominican economy benefits or not from Haitian labor -- at least in the short term even if it is detrimental in the medium and long term because of the low wages and low technological investment -- is the subject of important debates. In any hypothesis, For some, it is an exploited and even overexploited labor force, because their labor rights are not recognized and they are not guaranteed free access to justice. Despite the many laws and codes in place, in practice many of these are such as the red lights at traffic signals that are not respected by the population or its institutions. For others, the Haitian labor force, and that of its descendents born in the country, is subject to the same treatment and labor conditions as the Dominican population, a population that lives in harmony and free of preconditions such as race, nationality, language, customs, gender, sexual preference or its formal condition of being legal or illegal immigrants in the land where they are received. i. Environment The ecosystem of the island of Hispaniola is one and does not know political borders. And because of this, the continual progress of desertification that is happening on the western side of the island, increases the concern over the eventual repetition on the Dominican side the alarming and perhaps irreversible ecological deterioration seen in Haiti. For some, the incursion and presence of Haitian nationals in Dominican territory is a threat to our forests and our sources of water, due to their use of charcoal for cooking and their destructive slash and burn farming practices. For others, the degrading of the environment is a relative matter. Any bad farming practice, be it of Haitian or Dominican nationals, is less damaging and less serious than that coming from the environmental contamination of air and underground waters caused by industries, mines and modern agro-industrial plantations, no matter that the contamination be caused by nationals or foreigners in Dominican territory. j. Cultural identity Few elements are so vital to a people as their culture. Thus, given the multiracial and multi-ethnical history of the Dominican people, For some, national culture should assimilate esthetic, artistic and institutional models proposed by Western Europe and North America, according to the ideal of the Caucasian race and the Judeo-Christian tradition from the West. This is despite the fact that, according to the popular expression, we all have some black behind the ear. For others, the Dominican cultural system integrates in an essential way the African variable, and thus, more than black, what we have is the white race behind the ear of a black body, and thus the mulatto prevails. In the face of so many serious difficulties, the CONEP feels it is its responsibility to point out to the Dominican government that the time has come to define and resolve the above issues, because as observed at the start the mere passing of time increases the racial and interethnic rift in the national territory and the misunderstanding and condemnation to the country on international forums regarding the Dominican position. Conep is concerned about proposing solutions to each of the 10 problems mentioned above, within the law, and respecting the human rights of each Haitian citizen and their descendents in Dominican territory, and not without forgetting the unalienable right of the Dominican government to its sovereignty as a free nation in a democratic state with rule of law. PROPOSALS A. These issues should be undertaken as a National Priority. B. Bilateral Mixed Commission (BMC) The reasons for the creation of the commission are still alive. And if another institution were created to replace it, Dominican authorities should make efforts to reactivate the commission and agree on meetings with the Haitian counterparts to create the base for a migration agreement that can be adopted and ratified by the authorities of both countries as soon as possible and in line with our law and regulations on the subject. Therefore, the topics that need priority and practical attention of the BMC are: The process for contracting foreign workers in each country; Eventual modernization of the procedure to repatriate immigrants that are in a irregular status in another territory; Regularizing of the migratory status of nationals in either of the territories; Measures to be taken by each part to control migratory flows, as well as people smuggling and trafficking with undocumented persons; Issuing of identification papers and travel documentation to nationals on behalf of the authorities of each country. C. Demographic statistics Any ruling, regardless of how simple it may be, needs to anticipate the numbers and demographic conditions of the universe that it plans to remedy and to determine the amount of logistical resources that will be needed. Consequently, the universe of migrants needs to be quantified by way of a census of foreigners so that the demographic magnitude can be known and its impact on the labor market and the services that it demands be noted. D. Policy guidelines The authorities need to take a stance on the phenomenon of the Haitian presence in the country and draft policies that respond, at least, to the major problem areas that have been presented in the previous section of this document. d.1 Dominican nationality The position of CONEP is to endorse the decision of the Supreme Court of Justice, while at the same time propose a constitutional amendment that adopts a clear and unquestionable definition of the criteria by which Dominican citizenship is granted. Taking into consideration the different points of view, it would be recommendable to modify the Constitution of the Republic to suppress the granting of nationality by Jus Solis and just recognize that of Juz Sanguinis and strengthen all the judicial framework for nationality and migration. d.2 Racism in the Dominican Republic All expression of racial prejudice and xenophobia should be eradicated. The framework should be the fulfillment of international commitments recognized by the country, with strict adherence to constitutional norms and the laws, as well as due penalties to any violation of these laws and commitments. At the same time, there should be a general effort to educate children in values and civic awareness, elevating in the Dominican Republic, above all, the freedom of opportunity for all, regardless of racial, ethnical, gender, sexual preference, language, or others. d.3 General Migration Law 285-04 It is imperative and non-negotiable that General Migration Law 285-04 be followed by a set of rules for its application. Once the rules are passed, the authorities need to qualify and train the officers that will be responsible to monitor and implement the law faithfully. d.4 Civil documentation The existence of any undocumented person in the national territory, independent of nationality, needs to be overcome. For this it is essential to put into practice a program to regularize the status of undocumented people. This program needs to be feasible and its only objective is to regulate and document the massive number of undocumented Dominicans and illegal Haitian migrants, with special attention being given to persons that have been living here for many years and their descendents, as well as to train those who will work with the procedures. As a corollary of this regularization, it is understood that those illegal migrants that cannot regularize their legal status, need to leave the country. In a parallel manner, it is essential that all political and social sectors favor the purging of the electoral and civil registry lists to eliminate the large number of fraudulent late birth declarations, but not by violating the national laws in matters of forgery of documents, nor through the retroactive application of the law. d.5 Repatriations and deportations The extremes need to be avoided--permissiveness and mass deportations. Thus the sanction of the Convention of Migrant Workers and their Families needs to be analyzed as soon as possible by the national authorities to take a position on this document. Likewise, with respect to the Protocol for the Understanding of Mechanisms for Repatriation signed with Haiti in 1999 needs to be guaranteed. The objective of the above is that all repatriation and deportation of illegal foreigners that is exercised, while covered by the sovereign and unalienable right of the Dominican state to set its own migration policy, must come within a framework of legality and respect to human rights. In any hypothesis, it is convenient to take into account that indiscriminate expulsions of illegal Haitian workers, even when they are possible to carry out, would create voids in the labor market in the Dominican economy, and also would cause problems for labor reinsertion and social unrest in Haiti, creating a vicious circle that generates more unbridled migration. d.6 Border To secure a sustainable border development, the Dominican-Haitian border cannot be exclusive duty of the military, not even for the application of migratory border controls, but rather it must be under the civilian control of a local development model that mobilizes resources to the border and regulates in an efficient matter the aspects of migration, trade, environment, national security and citizenship. While the Armed Forces are responsible for order, in regards to all other aspects that come to play at the border, there needs to be more participation of civil government institutions. And for all, civilians and military, there needs to be a special wage and incentives for those that work at the border, and facilities in the way of tax incentives to private investors and those that may convert the zone into a special zone of development that will attract more population. d.7 Trade At present, there is a window of opportunity for the Haiti and the Dominican Republic within the framework of the European Partnership Agreement between Cariforum countries and the European Commission because that extra regional negotiation can be used by both parts as a catalyst for a potential trade integration process. In practice and by law, the agreeing on the EPA by way of EU-Cariforum can become a model for intraregional trade in Cariforum. In consequence, the EPA is called upon to be the bilateral reference scheme for Haiti-Dominican Republic. These two countries should grant each other what they granted to Europe, not only in import-export tariffs, but also in other areas and procedures incorporated into EPA. In any hypothesis, trade relations between both countries should respond to clear rules, such as phyto-sanitary controls and homogenous customs tariffs for all products, independently of whether they enter the country or leave by land or sea. And more so, there is the convenience, if not the need for a bi-national free trade agreement. d.8 Market and labor rights The Dominican state needs to assume its responsibility to guarantee nationwide fulfillment of the Labor Code, but also a dignified treatment of all workers, particularly in the context of immigrants. For this to happen, the policies for the employment of migrants must include a respect their rights, so that the Haitian labor force does not act as a reserve army that depresses the national wage median and create a backwards effect contrary to the technological process of modernization that is essential for the country to compete in global markets. Therefore Working norms for labor with dignity should be thought of in terms of: (i) Increasing the real possibilities of offering any legal immigrant in the country, as well as any Dominican, born to foreign parents or not, services of health, education, housing, potable water, electricity, transport and security, according to national and international work commitments. At the same time, (ii) Penalize those who employ illegal labor, and those that do not conform to the percentage limits for the hiring of foreigners established by Dominican law, as well as the granting of prudential terms for the making of labor market adjustments. And (iii) If foreign workers beyond the legal percentage are needed, and, in addition have the due technical and mechanical knowledge of productive processes, these workers can to be contracted following what is established in the Labor Code and the General Migration Law. d.9 Environment It is indispensable that the Dominican state guarantee the strong compliance with environmental norms so that deforestation that results from poor farming methods and worse forestry practices is halted in an efficient manner, while environmental contamination, and the misuse of the land under any company must also be controlled, because this is about making ourselves less vulnerable to natural phenomena and achieve a more sustainable environmental management. The rational use of renewable natural resources in any hypothesis should have the following priorities: (i) Protect and stimulate the forests where rivers are born, watching over the watersheds and providing adequate forest cover to avoid erosion and the resulting deforestation of the country. (ii) Establish and respect the vocation of the soil; (iii) Watch over the recovery and rehabilitation of mining zones, before the economic activity affects the land in an irreversible manner; and (iv) Penalize all industrial contamination, both of the underground as well as surface waters, the air and the seas that surround our coasts. d.10 Culture Initiate a process to value our national culture, focusing on contributions that come from Africa, the Americas, Asia and Europe. In order to do this, student programs should be modified and educational materials be made available, so that without chauvinism or extremism, we can become aware of the challenges that the coexistence of Dominicans and Haitian migrants present, apart from the issues of the singular coexistence of two states on a single insular space and the communication in and through the linguistic barrier. Conclusions: CONEP insists on these points trusting that these matters will be pondered by the different social players and particularly by the national authorities, being aware of the presence of Haitians in the DR and the essential need to adopt migration policies that contribute to sustainable development and harmony in the Dominican nation. All of this needs to be within the scrupulous framework of respect to the rights of all immigrants in our national territory, while at the same time in solidarity with the people and Republic of Haiti. More so, it can be accompanied by a series of national investments in Haiti, both industrial as well as in infrastructure, to favor the institutionalization of that country and the development of better opportunities for all. Contact: Rosa Maria Jimenez, 809 472 7100, 1 809 878-5000 (cel) or rmjimenez@conep.org.do