Dominican Republic

Latin America: GAO reports on FTA labor violations

On Nov. 13 the US Government Accountability Office (GAO), an agency that investigates federal spending for Congress, released a report on the US government's handling of labor violations in countries with which it has "free trade" agreements (FTAs). Recent FTAs, such as the 2004 Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), have requirements for participating countries to meet certain standards in labor practices. The GAO claimed to find progress in this area in the partner countries—but also "persistent challenges to labor rights, such as limited enforcement capacity, the use of subcontracting to avoid direct employment, and, in Colombia and Guatemala, violence against union leaders."

Dominican Republic: government quits OAS court

The Dominican Republic's Constitutional Tribunal (TC) ruled on Nov. 4 that the country must withdraw from the Costa Rica-based Inter-American Court of Human Rights (CorteIDH), an agency of the Organization of American States (OAS). The TC ruling, Decision 256-14, was based on a technicality involving a 1999 agreement with the OAS court, but observers assumed that the TC was actually reacting to an Oct. 22 announcement that the human rights court had condemned the Dominican Republic's treatment of immigrants and their descendants, notably the TC's controversial Decision 168-13 of September 2013, which declared that no one born to undocumented immigrant parents since 1929 was a citizen. The 2013 decision excludes thousands of Haitian-descended Dominicans from citizenship; it has been met with protests from international rights groups, the Haitian government and many Dominicans, including members of the country's National Human Rights Commission (CNDH).

Dominican Republic: will new citizenship law work?

A new naturalization law went into effect in the Dominican Republic on May 23 when it was officially promulgated by President Danilo Medina. The law seeks to regularize the status of thousands of Dominicans, mostly Haitian descendants, affected by Decision 168-13, a ruling by the Constitutional Tribunal (TC) last September declaring that no one born to undocumented immigrant parents since 1929 was a citizen. The new law—which President Medina had promised to introduce to Congress on Feb. 27—was approved quickly once he finally presented it in May. The Chamber of Deputies passed the bill on May 16, and the Senate voted 26-0 on May 21 to approve it.

Dominican Republic: 'Haitians' continue protests

Chanting "We're Dominicans and we're staying here," hundreds of people of Haitian descent and their supporters gathered in front of the Congress building in Santo Domingo on March 12 in the latest protest against Decision 168-13, a ruling by the Constitutional Tribunal (TC) last September declaring that no one born to undocumented immigrants since 1929 was a citizen. Among the groups participating in the "Day of Fasting and Prayer" were the Bonó Center, a Catholic human rights organization, and Reconoci.do, a youth movement that has been organizing demonstrations for two years on the 12th day of the month to demand papers for the Dominican-born children of immigrants. Manuel María Mercedes and other members of the National Human Rights Commission (CNDH) joined the protest, as did legislative deputies Hugo Tolentino Dipp and Guadalupe Valdez and former labor minister Max Puig.

Dominican Republic: new plan for 'foreigners'

On Feb. 5 the Dominican government presented the UN Human Rights Council (UNHRC) in Geneva with its National Regularization of Foreigners Plan, a program for determining the status of the tens of thousand Dominican residents who were stripped of their citizenship last September by a Constitutional Tribunal (TC) ruling. The court's Decision 168-13 declared that no one born to undocumented immigrants since 1929 was a citizen. Human rights groups estimate that this affects some 200,000 people, mainly Dominicans of Haitian descent.

Dominican Republic: Haitians flee violence

Hundreds of Haitian immigrants fled the Dominican Republic from Nov. 23 to Nov. 25 following reports that mobs were killing Haitians in revenge for the murder of a Dominican couple; one or two men, reportedly Haitians, raped and murdered 63-year-old Luja Díaz Encarnación in the course of a robbery on Nov. 22 and killed her 70-year-old husband, José Méndez, in Neyba, the capital of the southwestern Dominican province of Baoruco. According to the Haitian nonprofit Support Group for the Repatriated and Refugees (GARR), 347 Haitian citizens were repatriated in just two days, Nov. 23 and Nov. 24, at the southern border crossing between the Dominican city of Jimaní and the Haitian town of Malpasse; the refugees included 107 children. The fleeing immigrants told GARR that four Haitians had been killed with machetes and their bodies had been burned. 

Dominican Republic: CARICOM condemns anti-immigrant ruling

The Guyana-based Secretariat of the Caribbean Community (CARICOM), an organization of 15 Caribbean countries, issued a statement on Oct. 17 criticizing a ruling by the Dominican Republic's Constitutional Tribunal (TC) that denied citizenship to people born in the country to undocumented immigrant parents. Immigrant rights activists say the TC's Sept. 23 ruling affects more than 200,000 Dominicans, mostly the descendants of Haitian immigrants, and includes people born as early as 1929 who have been recognized as Dominican citizens for more than a half century. The ruling makes people "stateless in violation of international human rights obligations," the CARICOM statement charged; the Secretariat called on the Dominican government to protect the rights of "those made vulnerable by this ruling and its grievous effects." Haiti is a CARICOM member; the Dominican government has indicated that it plans to join. (New York Times, Oct. 17, from AP)

Dominican Republic excludes descendants of 'illegal' Haitians

In a decision dated Sept. 23 the Dominican Republic's Constitutional Tribunal (TC) in effect took away the citizenship of all people born in the country to out-of-status parents since June 20, 1929. The court noted that the authorities are currently studying birth certificates of more than 16,000 people and have refused to issue identity documents to another 40,000; the justices gave electoral authorities one year to determine which people would be deprived of their citizenship. Since most undocumented immigrants in the Dominican Republic are Haitians, the ruling mainly affects Dominicans of Haitian descent. The TC is the highest court for constitutional issues, and the decision—TC/0168/13, in the case of the Haitian-descended Juliana Deguis Pierre—cannot be appealed.

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