HRC52: The Dominican Republic must recognise the Dominican nationality of Haitian descent people within the country’s territory

During the debate in commemoration of the International Day for Elimination of Racial Discrimination, in the context of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), the International Service of Human Rights (ISHR), Movimiento Socio Cultural de Trabajadores Haitianos (MOSCTHA) and Race & Equality delivered a joint statement.

María Martínez De Marte, representative of MOSCTHA and member of the Red Jacques Viau highlighted the challenges that Haitians and people of Haitian descent face in the Dominican Republic, due to institutional racism and xenophobic policies. The biased practices that include immigration raids based on descent and phenotypically Black features have worsened in 2022, after a decree that adds the National Police and the municipalities to the deportation process. 

ISHR,MOSCTHA, and Race & Equality underlined that the 25th anniversary of the Declaration on Human Rights Defenders was an excellent opportunity to affirm the fundamental role of Defenders and the importance to protect these front-line fighters in the Dominican Republic.

Watch and read María Martínez’s joint statement below:

Thank you, Mr. President.  This is a joint statement. 

I am Maria Bizenny Martinez, MOSCTHA Representative and member of the Jacques Viau Network, working to defend Dominicans of Haitian descent in the Dominican Republic who have faced racist and xenophobic policies for decades.

The 75th anniversary of the Universal Declaration of Human Rights (UDHR) is an important opportunity for all States to implement the Durban Declaration and Programme of Action as the urgent actions to combat racism across the world, including in my country the Dominican Republic. 

We can point out that 10 years after the 168 judgment in 2013, which left more than 200,000 people stateless, there is no lasting solution, as the enactment of law 169.14 in 2014, due to its ambiguous content, has left the vast majority without the option of nationality and others at risk of losing it. In addition, the recent modification of law 04. 2023 on acts of civil status in the Dominican Republic prevents Dominicans of Haitian descent from being recognised as nationals, removing any possibility of acquiring this, thus increasing segregation and exclusion, restricting their fundamental rights to education, health, and access to decent employment. They are condemned to live in situations of marginalisation and in particular, women, children, and the LGBTIQ+ population.

Currently, there is an alarming increase in discrimination, racism and xenophobia both in the media and in statements by the Dominican government. This population is frequently the victim of immigration raids, where they are imprisoned and expelled from their own country. The situation has worsened with the decree in 2022, where the army, the National Police, and the municipalities can be part of the deportation process. Migration authorities apprehend people who are phenotypically dark or Black assuming that they are Haitians. All people of African descent, regardless of their nationality, are also persecuted and deported to Haiti regardless of the presentation of documents proving their nationality.

Furthermore, the 25th anniversary of the Declaration on Human Rights Defenders is also an important opportunity to affirm the integral role that Defenders play in the realisation of the Universal Declaration of Human Rights. In the Dominican Republic, Human Rights Defenders are at risk and in particular when they defend migrants and their families.

We call on the Human Rights Council to support the Dominican Republic State at the technical level, so that the government works together with civil society who supports, which supports truly works with this population, to seek joint solutions that benefit the most vulnerable. We call on the Dominican Republic:

• To repeal from legislation the transcriptions of nationals that were in the birth registry books prior to the 2010 constitution, and refrain from adding them to the registry books of non-resident foreign mothers, due to their discriminatory and segregationist nature.
• To create clear and free mechanisms to recognise the Dominican nationality of persons who are in legal limbo (statelessness) within Dominican territory.
• To recognise and guarantee the work of Human Rights Defenders as their best allies in the realisation of the Universal Declaration of Human Rights.  
• To enact a law to combat discrimination, xenophobia, intolerance, and racism, and ratify the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance (CIRDI).
• To ensure that education systems have the necessary resources to promote respect for human rights and the dignity of all persons.