Dominican Republic
Retroactive denationalization enabled by electronic birth registers
In the Dominican Republic, birth registration has become a site at which people are subject to retroactive denationalization. There have been cases in which Haitian descended Dominican citizens attempted to register their children, which triggered an investigation into the validity of their ancestor’s civil registration and denationalized the parents, leaving them (and their children) stateless. The DR’s 2004 General Migration Act has been used as justification to retroactively denationalize Dominican citizens of Haitian descent due to “in transit” exceptions. In addition, in 2013, the Constitutional Tribunal issued a court sentence, known as ‘la Sentencia’, retroactively stripping citizenship from 200,000 descendants of foreigners (mostly Haitians) going back to 1929. Nearly all human rights treaty bodies have expressed concern about and/or issued recommendations to end the practice of retroactive stripping of nationality (CERD, 2013; CESCR, 2016; CRC, 2015, 2023; CRPD, 2015; CEDAW, 2013; Human Rights Council, 2010, 2019, 2024, Human Rights Committee, 2012).
Additional Documentation
CERD 2008 Concluding Observations 12th Report Dominican Republic CERD/C/DOM/CO/12
CERD 2013 Concluding Observations 13th to 14th Report Dominican Republic CERD/C/DOM/CO/13-14
CESCR 2016 Concluding Observations 4th Report Dominican Republic E/C.12/DOM/CO/4
CRC 2015 Concluding Observations 3rd to 5th Reports Dominican Republic CRC/C/DOM/CO/3-5
CRC 2023 Concluding Observations 6th Report Dominican Republic CRC/C/DOM/CO/6
CRPD 2015 Concluding Observations 1st Report CRPD/C/DOM/CO/1
CEDAW 2013 Concluding Observations 6th to 7th Report Dominican Republic CEDAW/C/DOM/CO/6-7
Human Rights Council 2010 Report of the Working Group on the UPR Dominican Republic A/HRC/13/3
Human Rights Council 2019 Report of the Working Group on the UPR Dominican Republic A/HRC/41/16
Human Rights Council 2024 Report of the Working Group on the UPR Dominican Republic A/HRC/57/16
Human Rights Committee 2012 Concluding Observations 6th Report Dominican Republic
Inter-American Commission of Human Rights 2015 Situation of Human Rights in the Dominican Republic
CLADEM 2020 Alternative Report CEDAW Dominican Republic INT_CEDAW_CSS_DOM_44125_E
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