(here's the article autotranslated in case anyone want to go to the source)
Outcasts of the Caribbean
TOUCHSTONE. The ruling of the Constitutional Court of the Dominican Republic on the case of Juliana Regis Pierre is a nonsense that denies nationality to the children of irregular immigrants
Juliana Deguis Pierre was born 29 years ago to Haitian parents in the Dominican Republic and has never left her homeland. She never learned French or Creole and her only language is the beautiful and musical Spanish with a Dominican flavor. With her birth certificate, Juliana asked the Central Electoral Board (responsible for the civil registry) for her identity card, but this body refused to give it to her and seized her certificate, alleging that her "surnames They were suspicious." Juliana appealed and on September 23, 2013, the Dominican Constitutional Court issued a ruling denying Dominican nationality to all who, like that young woman, are children or descendants of irregular "migrants."
The ruling of the Dominican Constitutional Court is a legal aberration and seems directly inspired by the famous Hitler laws of the 1930s issued by Nazi German judges to deprive Jews of German nationality who had been living in that country for many years (many centuries). and they were a constitutive part of their society. For now, it is insubordinate against a legal provision of the Inter-American Court of Human Rights (of which the Dominican Republic is a part) which, in September 2005, condemned this country for denying the right to nationality to the girls Dilcia Yean and Violeta Bosico, Dominicans like Juliana, and like her daughters of Haitians. With this precedent, it is obvious that, if consulted,
It should be noted, as The New York Times does on October 24, that two members of the Dominican Constitutional Court gave a dissenting vote and saved the honor of the institution and their country by opposing a clearly racist and discriminatory measure. The argument used by the members of the Court to deny nationality to people like Juliana Deguis Pierre is that her parents have an "irregular situation." In other words, you have to make your children (or grandchildren and great-grandchildren) pay for an alleged crime that their ancestors would have committed. As in the Middle Ages and in the courts of the Inquisition, according to this ruling, crimes are hereditary and are transmitted from father to son through blood.
The decision renders more than 200,000 Dominicans of Haitian origin stateless
Added to the cruelty and inhumanity of such judges is hypocrisy. They know very well that the "irregular" or illegal migration of Haitians to the Dominican Republic that began at the beginning of the twentieth century is a complex social and economic phenomenon, which in many periods —those of greatest prosperity, precisely— has been encouraged by landowners. and Dominican businessmen in order to have cheap labor for the sugar cane harvest, construction or domestic work, with full knowledge and tolerance of the authorities, aware of the economic benefit that the country obtained —well, its middle and upper classes—with the existence of a mass of immigrants in an irregular situation and who, therefore, lived in extremely precarious conditions, the vast majority of them without work contracts,
One of the greatest crimes committed during the tyranny of Generalísimo Trujillo was the indiscriminate massacre of Haitians of 1937 in which, it is said, several tens of thousands of these miserable immigrants were murdered by a mass enraged by the apocalyptic fabrications of fanatical nationalist groups. No less serious is, from the moral and civic point of view, the scandalous sentence of the Constitutional Court. My hope is that opposition to it, both domestic and international, will rid the Caribbean of such flagrant and barbaric injustice. Because the Court's ruling is not limited to ruling on the case of Juliana Deguis Pierre. In addition, so that there is no doubt that you want to establish jurisprudence with the ruling,
If such a legal paralogism prevailed, tens of thousands of Dominican families of Haitian origin (near or remote) would be turned into zombies, into non-persons, beings incapable of obtaining a legal job, enrolling in a public school or university, receiving health insurance , a retirement, leaving the country, and therefore potential victims of all the abuses and outrages. For what crime? For the same as the Jews whom Hitler deprived of legal existence before sending them to the extermination camps: for belonging to a despised race. I know very well that racism is a widespread disease and that no society or country, however civilized and democratic it may be, is fully vaccinated against it. It always appears
Racism appears when scapegoats are needed to hide the real problems
Fortunately, there are many courageous and democratic voices in Dominican civil society—intellectuals, human rights associations, journalists—who, like the two dissident judges of the Constitutional Court, have denounced the measure and are mobilizing against it. It is painful, yes, the complicit silence of so many political parties or opinion leaders who are silent in the face of iniquity or, like the prehistoric Cardinal Archbishop of Santo Domingo, Nicolás de Jesús López Rodríguez, who supports it, seasoning it with insults against those who condemn it . I thought that we Peruvians had, with Cardinal Juan Luis Cipriani, the sad privilege of having the most reactionary and anti-democratic archbishop in Latin America, but I see that his Dominican colleague disputes the scepter.
I love the Dominican Republic very much, ever since I visited that country for the first time, in 1974, to make a television documentary. Since then I have returned many times and with joy I have seen it democratize, modernize, in all these years, at a faster pace than that of many other Latin American countries without always recognizing its transformation as it deserves. The second of my sons lives and works there and gives all his efforts to support human rights in that country, supported by many admirable Dominicans. That is why I am deeply saddened to see the storm of criticism that rains down on the Constitutional Court and its senseless sentence. This is one of those critical moments that all countries experience in their history. It was also when the terrible earthquake occurred that devastated its neighboring country, Haiti, in January 2010. How did the Dominican Republic act on that occasion? President Leonel Fernández immediately flew to Port-au-Prince to offer help, and it poured out with tremendous abundance and generosity. I still remember the Dominican hospitals full of Haitian victims and the Dominican doctors and nurses who flew to Haiti to provide their services. That is the true face of the Dominican Republic that cannot be distorted by the mischief of its Constitutional Court.
© World press rights in all languages reserved to Ediciones EL PAÍS, SL, 2013.
© Mario Vargas Llosa, 2013.