Participants: Center for Justice and International Law (CEJIL), Global Rights, State of Dominican Republic, Red de Encuentro Dominico Haitiano Jacques Viau, Movimiento de Mujeres Dominico-Haitianas (MUDHA), Open Society Justice Initiative (OSI)
Countries: Dominican Republic
Topics: Right to Nationality
On Thursday, October 28th, during its 140th Period of Sessions, the Inter-American Commission on Human Rights held a hearing on the Dominican Republic’s revised constitution and its impact on the right to nationality of individuals within its borders, specifically those of Haitian descent.
The thematic hearing was requested by the non-governmental organizations Center for Justice and International Law (CEJIL), Movement of Dominican-Haitian Women (MUDHA), the Dominican-Haitian Jacques Viau Network (RJV), the Open Society Justice Initiative, and Global Rights. The petitioners raised concerns about the application of the 2004 migration law (Law 285-04) and the revised constitution, which was promulgated in January 2010. The 2004 migration law broadened the definition of individuals “in transit” to “non-residents,” including individuals with expired residency visas and undocumented workers. The constitution revised nationality provisions such that the children of non-residents are no longer guaranteed Dominican nationality by birthright.
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