The statement below was presented by the Dominican government at the Permanent Organization of American States (OAS) Council hearing on Constitutional Court judgment 168-13 held in Washington, D.C. on Tuesday 29 October:
The Dominican Republic wishes to reaffirm before this forum its utmost respect for the Dominican Constitution, the law, and the separation of powers and constitutional bodies, as well as our disposition towards dialogue and openness with the international community.
Likewise, the GODR firmly respects the precepts set forth in the Inter-american Democratic Charter, especially those pertaining to Human Rights and fundamental freedoms as pivotal components of democracy.
President Danilo Medina has reiterated on numerous occasions his dedication to building the Dominican Republic’s international relations on the bases of collaboration amongst fellow countries, the search for alliances, solidarity and sustainable development. The respect for other states’ sovereign rights is at the heart of this decision.
We recognize before you that, as a developing country, we carry historical weaknesses which are a result of diverse and complex challenges. Nonetheless, we wish to assure you that we will not tire of our efforts to correct any situation that may have placed us below the institutional standards we strive to achieve.
On this occasion, we find ourselves before you in order to inform, with precision and objectivity, about ruling TC 168-13, the context in which it was issued and, most importantly, the next measures to be put in place to solve all existing situations of irregularity.
This ruling, about the issuing of identity documents to descendants of illegal foreigners, has its precedents in different elements of our legal framework that we wish to briefly summarize for you.
It should be recalled, first of all, that the Dominican Constitution has established since 1929 that Dominican citizenship can be acquired, among other means, by birth in its territory, with the exception of the children of those residing in the country in a diplomatic capacity or foreign residents in transit.
This disposition, relative to a qualified “ius solis” principle, has been ratified by the constitutional reforms of 1966, 2002 and 2010.
The Supreme Court of Justice has defined and reaffirmed the concept of a foreigner in transit, defining it as persons who do not possess a legal domicile in the country or who lack a legal residence permit. In 2005, the Supreme Court ruled on specific matter of the children of illegal immigrants, concluding that “if children born to parents legally in transit are precluded from automatically acquiring Dominican nationality, the children of those who cannot justify their legal entry, or remain in the country without a legal status, cannot benefit from a greater right”.
This legal precedence is at the root of the most recent decision of our Constitutional Tribunal (ruling TC/0168/13), which established that foreigners with no residence permit in the country must be equated with the category of foreigners in transit, under which their children are not eligible for Dominican citizenship, even though they were born in Dominican territory.
Therefore, and in accordance with the laws of the Dominican Republic, the Government and all institutions of the Dominican State abide by this ruling and will continue to act with respect towards institutional principles.
According to article 184 of the Constitution of the Dominican Republic: “The decisions of this Tribunal are definitive and irrevocable and act as binding precedents for all public powers and bodies of the State”.
The Constitutional Tribunal, through its ruling, has required that the State fulfill a series of proceedings so that those being affected can regulate their status as briefly as possible.
Specifically, it orders:
That the Dominican Central Electoral Board (JCE), within 12 to 24 months, audit the Civil Registry from 1929 to 2007, to produce a list therein of all recorded foreigners and of all foreigners irregularly recorded, to create special books that register the births for this period year by year, and to transcribes the list of those registered irregularly.
In addition, it orders the JCE to forward the list of irregularly registered foreigners to the Ministry of Interior and Police upon completion of the afore-mentioned audit.
Likewise, it establishes that those born of non-resident foreigners whose births have been recorded in the Dominican Civil Registry should have access to their birth certificates and the necessary documentation. Equally, that cases where their annulment is appropriate be referred to the competent courts in accordance with due process.
The ruling does not affect all children of migrants born in the country. Children with at least one legally-resident parent were and remain eligible for Dominican nationality. The numbers involved, therefore, are a fraction of the alarmist estimates. Between 2008-13, the JCE submitted 16,945 birth certificates for evaluation to the Directorate of Inspectorate, and only 1,088 (6%) were suspended provisionally due to duplicity, impersonation and other inconsistencies. Nor are the efforts of the JCE to eradicate irregularities in the civil registry limited to immigration-related violations. Between 2007-13, the JCE cancelled 42,015 ID cards requests and only 410 (1%) were canceled because of invalid claims to Dominican nationality. At any rate, the definitive dimension of this situation is currently being quantified.
Finally, and in accordance with Law 285-04, the ruling establishes the compliance with the implementation of a national regularization plan for illegal foreigners ordered by Immigration Law 285-04 of August 15, 2004, as well as a general report of said plan.
The Government of the Dominican Republic has decided to take this ruling as the perfect opportunity to act, decisively and quickly, on a matter which has been relegated for years.
We firmly intend that the current context will allow us to end years of lack of clarity and irregularities that enabled unacceptable situations of injustice and arbitrariness.
We will therefore begin, over the next few weeks, a plan that will establish clear and expedited procedures to address each and every existing situation of irregularity and each different individual and particular case.
To carry out this process, we have undertaken different actions. Specifically, the National Migration Council announced last week:
-That the Central Electoral Board will present, within 30 days, a report detailing the impact of the ruling in terms of foreigners recorded in the civil registry, both as regular or irregular migrants.
-That the National Migration Council will develop, within 60 days, the Regularization Plan for Foreigners.
-That the National Migration Institute will be immediately established and its director appointed.
In addition, work has begun on establishing a single-window system to give an expedited answer to these cases.
We would like to emphasize that the Dominican State will not allow any violation of fundamental rights of persons under jurisdiction of its laws, neither as the result of this ruling or any other.
To ensure that this is so, these rights will be effectively protected, in a way that guarantees respect for due process at all times.
Moreover, to optimize results, we are willing to receive the support of countries and international organizations that would like to assist us in this task.
Ladies and gentlemen,
Our government has always advocated and developed relationships based on profound respect and fraternity with fellow nations, and, very particularly, with the Republic of Haiti.
As you know, the history of the Dominican Republic is inextricably linked with that of our neighboring country Haiti, and will always remains so. For evident geographical reasons, but also because of strong historical, cultural, and social connections.
Therefore, the general framework of Dominican-Haitian relations cannot be other than that of two nations determined to resolve common issues and identify ways to increase cooperation, expand ties and reach mutually-beneficial agreements. The World Bank, in its report from last year entitled “Haiti and the Dominican Republic: More than the sum of its parts”, a study of bilateral relations between our countries, pointed out:
“The Dominican Republic and the Republic of Haiti have experienced a rapprochement in the last few years, evident in the area of cooperation in emergency situations, the proliferation of commercial exchanges and the relaunch of activity within the Dominican-Haitian Bilateral Mixed Commission.”
Proof of our commitment were the unprecedented acts of solidarity undertaken by the Dominican people in the face of the catastrophe suffered by Haiti in 2010.
But it is also evident in the efforts of President Medina to encourage international solidarity with Haiti; in the international fora that we share; our important commercial relations; the relaunch of the bilateral mixed commission between the countries; the offer made by the Dominican Republic to cooperate with the efforts by the OAS to provide Haitians with identity documents; as well as in the preferential agreements that exist in different areas.
It is necessary to highlight that this population, as well as any other person legally or illegally resident in the Dominican Republic, has the same access as any national to health, pre-university education and labor courts without the need to present any identity document. To illustrate this reality we will provide you with just a few figures. In our public hospitals, 13% of births are to Haitian mothers. For this purpose, the Dominican State spends approximately 3,000 million pesos (US$69.8 million) every year. Taking also into account that in some border-area hospitals over 50% of births are to Haitian mothers (the global cost for the Dominican Republic of the immigrant population represents 18% of the national health budget), Dominican authorities have implemented a system to provide non-resident mothers with a proof of birth to facilitate the appropriate registration with their consular authorities or in their country of birth.
In the same manner, we must recognize that in terms of the labor market, the reality is that migrants often face the same challenges as a significant proportion of Dominicans. Let us not forget that the Dominican Republic still has 34% of its population living under the poverty line.
We must also point out that at present 15,000 Haitians are studying in Dominican universities, paying the same fees as Dominican citizens and having equal access to scholarships, in contrast with students from other nationalities.
In summary, with these data we would like to convey that, even with the limitations inherent to a country that faces important economic restrictions, we can say, without boast, that the Dominican State does everything within its power to treat all men and women who reside in its territory with dignity and in a manner which respects their human rights.
However, and despite these displays of openness and respect, we have received from the authorities of the neighboring country an unjustifiably hostile response, that does not convey reciprocity with the conciliatory and collaborative attitude of the Dominican Government. This response, incomprehensible to us, generates unnecessary tensions.
We trust that these informations will help us frame more precisely and objectively the reality faced by both countries, as well as the context in which the ruling by the Dominican Constitutional Tribunal has taken place and the regularization plan for foreigners begun.
We face a unique opportunity to advance in the implementation of our immigration policy and institutional strengthening and we are committed to taking this historic step.
We call on the Inter-American system to support us in this efforts, with which we wish to give a definitive, coherent and humanitarian answer that provides certainty and trust to all men, women and children who reside in our country.
The Dominican Republic wishes to reaffirm before this forum its utmost respect for the Dominican Constitution, the law, and the separation of powers and constitutional bodies, as well as our disposition towards dialogue and openness with the international community.
Likewise, the GODR firmly respects the precepts set forth in the Inter-american Democratic Charter, especially those pertaining to Human Rights and fundamental freedoms as pivotal components of democracy.
President Danilo Medina has reiterated on numerous occasions his dedication to building the Dominican Republic’s international relations on the bases of collaboration amongst fellow countries, the search for alliances, solidarity and sustainable development. The respect for other states’ sovereign rights is at the heart of this decision.
We recognize before you that, as a developing country, we carry historical weaknesses which are a result of diverse and complex challenges. Nonetheless, we wish to assure you that we will not tire of our efforts to correct any situation that may have placed us below the institutional standards we strive to achieve.
On this occasion, we find ourselves before you in order to inform, with precision and objectivity, about ruling TC 168-13, the context in which it was issued and, most importantly, the next measures to be put in place to solve all existing situations of irregularity.
This ruling, about the issuing of identity documents to descendants of illegal foreigners, has its precedents in different elements of our legal framework that we wish to briefly summarize for you.
It should be recalled, first of all, that the Dominican Constitution has established since 1929 that Dominican citizenship can be acquired, among other means, by birth in its territory, with the exception of the children of those residing in the country in a diplomatic capacity or foreign residents in transit.
This disposition, relative to a qualified “ius solis” principle, has been ratified by the constitutional reforms of 1966, 2002 and 2010.
The Supreme Court of Justice has defined and reaffirmed the concept of a foreigner in transit, defining it as persons who do not possess a legal domicile in the country or who lack a legal residence permit. In 2005, the Supreme Court ruled on specific matter of the children of illegal immigrants, concluding that “if children born to parents legally in transit are precluded from automatically acquiring Dominican nationality, the children of those who cannot justify their legal entry, or remain in the country without a legal status, cannot benefit from a greater right”.
This legal precedence is at the root of the most recent decision of our Constitutional Tribunal (ruling TC/0168/13), which established that foreigners with no residence permit in the country must be equated with the category of foreigners in transit, under which their children are not eligible for Dominican citizenship, even though they were born in Dominican territory.
Therefore, and in accordance with the laws of the Dominican Republic, the Government and all institutions of the Dominican State abide by this ruling and will continue to act with respect towards institutional principles.
According to article 184 of the Constitution of the Dominican Republic: “The decisions of this Tribunal are definitive and irrevocable and act as binding precedents for all public powers and bodies of the State”.
The Constitutional Tribunal, through its ruling, has required that the State fulfill a series of proceedings so that those being affected can regulate their status as briefly as possible.
Specifically, it orders:
That the Dominican Central Electoral Board (JCE), within 12 to 24 months, audit the Civil Registry from 1929 to 2007, to produce a list therein of all recorded foreigners and of all foreigners irregularly recorded, to create special books that register the births for this period year by year, and to transcribes the list of those registered irregularly.
In addition, it orders the JCE to forward the list of irregularly registered foreigners to the Ministry of Interior and Police upon completion of the afore-mentioned audit.
Likewise, it establishes that those born of non-resident foreigners whose births have been recorded in the Dominican Civil Registry should have access to their birth certificates and the necessary documentation. Equally, that cases where their annulment is appropriate be referred to the competent courts in accordance with due process.
The ruling does not affect all children of migrants born in the country. Children with at least one legally-resident parent were and remain eligible for Dominican nationality. The numbers involved, therefore, are a fraction of the alarmist estimates. Between 2008-13, the JCE submitted 16,945 birth certificates for evaluation to the Directorate of Inspectorate, and only 1,088 (6%) were suspended provisionally due to duplicity, impersonation and other inconsistencies. Nor are the efforts of the JCE to eradicate irregularities in the civil registry limited to immigration-related violations. Between 2007-13, the JCE cancelled 42,015 ID cards requests and only 410 (1%) were canceled because of invalid claims to Dominican nationality. At any rate, the definitive dimension of this situation is currently being quantified.
Finally, and in accordance with Law 285-04, the ruling establishes the compliance with the implementation of a national regularization plan for illegal foreigners ordered by Immigration Law 285-04 of August 15, 2004, as well as a general report of said plan.
The Government of the Dominican Republic has decided to take this ruling as the perfect opportunity to act, decisively and quickly, on a matter which has been relegated for years.
We firmly intend that the current context will allow us to end years of lack of clarity and irregularities that enabled unacceptable situations of injustice and arbitrariness.
We will therefore begin, over the next few weeks, a plan that will establish clear and expedited procedures to address each and every existing situation of irregularity and each different individual and particular case.
To carry out this process, we have undertaken different actions. Specifically, the National Migration Council announced last week:
-That the Central Electoral Board will present, within 30 days, a report detailing the impact of the ruling in terms of foreigners recorded in the civil registry, both as regular or irregular migrants.
-That the National Migration Council will develop, within 60 days, the Regularization Plan for Foreigners.
-That the National Migration Institute will be immediately established and its director appointed.
In addition, work has begun on establishing a single-window system to give an expedited answer to these cases.
We would like to emphasize that the Dominican State will not allow any violation of fundamental rights of persons under jurisdiction of its laws, neither as the result of this ruling or any other.
To ensure that this is so, these rights will be effectively protected, in a way that guarantees respect for due process at all times.
Moreover, to optimize results, we are willing to receive the support of countries and international organizations that would like to assist us in this task.
Ladies and gentlemen,
Our government has always advocated and developed relationships based on profound respect and fraternity with fellow nations, and, very particularly, with the Republic of Haiti.
As you know, the history of the Dominican Republic is inextricably linked with that of our neighboring country Haiti, and will always remains so. For evident geographical reasons, but also because of strong historical, cultural, and social connections.
Therefore, the general framework of Dominican-Haitian relations cannot be other than that of two nations determined to resolve common issues and identify ways to increase cooperation, expand ties and reach mutually-beneficial agreements. The World Bank, in its report from last year entitled “Haiti and the Dominican Republic: More than the sum of its parts”, a study of bilateral relations between our countries, pointed out:
“The Dominican Republic and the Republic of Haiti have experienced a rapprochement in the last few years, evident in the area of cooperation in emergency situations, the proliferation of commercial exchanges and the relaunch of activity within the Dominican-Haitian Bilateral Mixed Commission.”
Proof of our commitment were the unprecedented acts of solidarity undertaken by the Dominican people in the face of the catastrophe suffered by Haiti in 2010.
But it is also evident in the efforts of President Medina to encourage international solidarity with Haiti; in the international fora that we share; our important commercial relations; the relaunch of the bilateral mixed commission between the countries; the offer made by the Dominican Republic to cooperate with the efforts by the OAS to provide Haitians with identity documents; as well as in the preferential agreements that exist in different areas.
It is necessary to highlight that this population, as well as any other person legally or illegally resident in the Dominican Republic, has the same access as any national to health, pre-university education and labor courts without the need to present any identity document. To illustrate this reality we will provide you with just a few figures. In our public hospitals, 13% of births are to Haitian mothers. For this purpose, the Dominican State spends approximately 3,000 million pesos (US$69.8 million) every year. Taking also into account that in some border-area hospitals over 50% of births are to Haitian mothers (the global cost for the Dominican Republic of the immigrant population represents 18% of the national health budget), Dominican authorities have implemented a system to provide non-resident mothers with a proof of birth to facilitate the appropriate registration with their consular authorities or in their country of birth.
In the same manner, we must recognize that in terms of the labor market, the reality is that migrants often face the same challenges as a significant proportion of Dominicans. Let us not forget that the Dominican Republic still has 34% of its population living under the poverty line.
We must also point out that at present 15,000 Haitians are studying in Dominican universities, paying the same fees as Dominican citizens and having equal access to scholarships, in contrast with students from other nationalities.
In summary, with these data we would like to convey that, even with the limitations inherent to a country that faces important economic restrictions, we can say, without boast, that the Dominican State does everything within its power to treat all men and women who reside in its territory with dignity and in a manner which respects their human rights.
However, and despite these displays of openness and respect, we have received from the authorities of the neighboring country an unjustifiably hostile response, that does not convey reciprocity with the conciliatory and collaborative attitude of the Dominican Government. This response, incomprehensible to us, generates unnecessary tensions.
We trust that these informations will help us frame more precisely and objectively the reality faced by both countries, as well as the context in which the ruling by the Dominican Constitutional Tribunal has taken place and the regularization plan for foreigners begun.
We face a unique opportunity to advance in the implementation of our immigration policy and institutional strengthening and we are committed to taking this historic step.
We call on the Inter-American system to support us in this efforts, with which we wish to give a definitive, coherent and humanitarian answer that provides certainty and trust to all men, women and children who reside in our country.
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