A ruling by the Dominican Constitutional
Court last week could have disastrous implications for individuals of Haitian
descent in the country, potentially leaving tens of thousands of people
stateless.
On Thursday, the court found that anyone
born to undocumented immigrants to the Dominican Republic since 1929 are
not legal citizens, giving civil registry officials in the Central
Electoral Board (JCE) a year to come up with a list of people to exclude from
citizenship. In its ruling, the court said JCE officials were going over
the birth certificates of more than 16,000 people, and recognized that some
40,000 people of Haitian descent had been denied identification documents
because of their status.
Up until the Dominican constitution was
revised in 2010, the country automatically guaranteed citizenship to anyone
born there, regardless of the nationality of their parents. However, the new
constitution left out children of undocumented immigrants from this provision,
deeming them to be merely “in transit.” Because the change mostly affected
descendants of Haitian migrants, it was widely chalked up to longstanding
discriminatory attitudes against Haitians in the Dominican Republic.
Last week’s ruling is a continuation of
this discrimination, and puts individuals of Haitian descent in an extremely
difficult position. Under Dominican law, they are living in the
country illegally and could be deported to Haiti. However, most are not Haitian
citizens either, and do not speak Creole or have significant ties to the
country. Because of this, legal experts have challenged the basis of the
court’s decision. As constitutional lawyer Nassef Perdomo told Dominican news
site 7
Dias, “By revoking the citizenship of all these people, it has been
determined that they are all of Haitian nationality, even though the
Constitutional Court has no power to grant someone the nationality of a foreign
country.”
The Associated
Press notes that activists say they intend to file a petition against
the ruling with the Inter-American Commission, which in turn may refer the case
to the Inter-American Court.
Officials in the country insist that no one
will be left stateless by the ruling. Over the weekend, JCE President Roberto
Rosario told
El Dia that Dominican law establishes mechanisms for affected
individuals to apply for legal citizenship. “The sentence unifies the country,”
Rosario said. “It clarifies and defines a legal path [to citizenship] and
allows these people a humanitarian solution through a legal framework.”
“Far from remaining in limbo like some
critics are arguing, [they] will for the first time benefit from a defined
status and identity without having to violate the law,” Immigration Director
Jose Ricardo Taveras told reporters.
However, the AP
notes that this legal path to citizenship has not yet been
established, nine years after a 2004 law called for its creation. It is also
unclear how many of those who have been denied nationality by the recent court
decision will be eligible for the process.
News Briefs
- On Saturday, Colombia’s FARC rebels called on U.S. civil rights
activist Jesse Jackson to facilitate the release of a former American
soldier held captive by the guerrilla group since June. El Espectador reported that the guerrilla group requested Jackson’s
help due to his “experience and integrity.” Colombian President Juan
Manuel Santos immediately vetoed the request, saying he wanted to avoid a media spectacle.
Nevertheless, Reuters reports that Jackson is determined to assist in the
release, and plans on traveling to Colombia in the coming days.
- An anonymous Obama administration official has contested
Venezuelan President Nicolas Maduro’s claim that he skipped out on the UN
General Assembly last week because of plots against his life. According to the official, the decision was more likely due
to fears that the Cuban jet he was flying in would be seized by U.S. authorities.
- Paraguayan President Horacios Cartes will arrive in Brasilia
today to meet with Brazilian President Dilma Rousseff. The meeting helps
mend ties between the two countries, which were badly damaged after
Brazil sought to isolate the
Paraguayan government in response
to the controversial ouster of former President Fernando Lugo. EFE reports that the two are expected to discuss Paraguay’s
re-admission to the Mercosur trading bloc, from which it was suspended
after Lugo’s removal.
- InSight Crime features an analysis of Mexico’s criminal landscape by
Malcolm Beith, who argues that the main criminal groups in the country
have become increasingly fragmented over the last several years. Because
of the level of market insecurity in the country, Beith argues that there
is a possibility that newer, smaller crime syndicates could seek to unite
under the banner of the largest remaining cartel, the Sinaloa Federation.
- The Miami Herald looks at an underreported theme among the addresses that
Caribbean leaders delivered at the UN General Assembly last week: calls
for reparations to the descendants of victims of the African slave trade
in the Americas. The paper notes that the movement for reparations has
picked up momentum in recent months, and has been endorsed unanimously by
the Caribbean Community regional bloc.
- The Cuban government has lifted a ban on Cuban athletes
participating in foreign leagues, so long as they pay taxes on their
earnings agree to compete for Cuba in international events like the
Olympic Games. As El Nuevo Herald notes, the ban is part of a package of reforms --
including pay raises -- thought to come as a response to a wave of
high-profile desertions of Cuban athletes in recent years. The L.A. Times reports that, because of the U.S. embargo on trade with
Cuba, the changes will not lead to an influx of Cuban players to Major
League Baseball.
- Just before Chilean authorities closed one of the two special
detention centers used to house human rights violators of the dictatorship
era, and it inmates were set to be transferred to the other facility, one
of the prisoners committed suicide on Saturday. The New York Times reports that former intelligence chief Odlanier Menam
shot himself at home, where he had been allowed to spend weekends since
2011. The incident has not complicated the closure of the Cordillera
prison, which was completed yesterday according to La Tercera.
- The Miami Herald’s Carlos Alberto Montaner has an interesting interview with
an anonymous “former U.S. ambassador” on the reasoning behind the United
States’ recently-exposed surveillance of Brazilian government
officials. The official describes the Brazilian government as
“not exactly friendly,” and argues that U.S. espionage activities in the
country are justified by Brazil’s diplomatic ties with U.S. rivals.
According to the ex-ambassador: “The friends of Luis Inácio Lula da Silva,
of Dilma Rousseff and the Workers Party are the enemies of the United
States: Chavist Venezuela, first with (Hugo) Chávez and now with (Nicolás)
Maduro; Raúl Castro’s Cuba; Iran; Evo Morales’ Bolivia; Libya at the time
of Gadhafi; Bashar Assad’s Syria.” The official’s conservative
views and relative openness to the media are in keeping with the profile
of former Venezuelan ambassador-turned-policy analyst Otto Reich, though
it is impossible to tell for sure.
- The Washington Post looks at the complications to Mexican President Enrique
Peña Nieto’s reform agenda, which has been hampered by sagging popularity
and mounting opposition on both the left and right of the political
spectrum. While many in the left-wing PRD oppose his confrontations with
teachers’ unions and plans to scale back the country’s state oil monopoly,
the conservative PAN is against plans to raise taxes on wealthy Mexicans
to build up revenue. Peña Nieto will face a major test of his agenda next
month, when lawmakers are expected to vote on controversial energy
reforms.
- The governments of Spain and Argentina have reached an agreement to join forces in their respective territorial claims against Great
Britain: the Falklands Islands and Gibraltar.