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NewsWhore
06-12-2012, 01:50 PM
As alarming and in violation of Human Rights and the Constitution were the terms used by immigration analysts and jurists to describe the circular from the Department of Migration that prohibits the registration of illegal foreign students. They recommended at the same time that the government put a stop to the regulation. Meanwhile, the Minister of Education, Josefina Pimentel has replied by saying that she would hold a working session with the Department of Migration to deal with this issue in the next few days.

The circular caught the Latin American Faculty of Social Sciences (Flacso) by surprise. Flacso says that this step once again exposes the Dominican Republic to the risk of international lawsuits. "Although we are in agreement with the regulation and that the country has the right to regulate immigration in its territory, it is no less certain that above this right is the human right to educate those children," said the Flacso director in the country, the sociologist Cesar Cuello.

The sociologist Wilfredo Lozano believes that the authorities need to explain the disposition, which he says is ambiguous. "To which students does it refer? To children in primary school? To students who have passed from primary to secondary school? This is not explained in the text, because if there were children, the Constitution of the Republic (Art. 63) says that the right to education is universal and everyone who resides in Dominican territory, regardless of status, has the right to primary education," he said.

After Vice President and Minister of Education Milagros Ortiz Bosch (during the 2000-2004 Hipolito Mejia administration) instituted free primary education open to all students at public schools, regardless of nationality, and whether they had a birth certificate or legal status, this has been applied to primary education in the Dominican Republic. For entry into high school and university, students need to secure legal papers. She described the Circular 7475 of 1 June as an "aberration" because she believes that you cannot condemn a girl or boy to being illiterate because their parents or guardians have not assumed their legal responsibility. The circular was issued in correspondence with Decree No. 631-11 of 19 October 2011 that made official the ruling for Migration Law 285-04 that dates back to 2004.

Director of Migration Jose Ricardo Taveras defended the measure that is contained in Law 285-04. "Migration is in the obligation to apply this legal disposition to all foreigners who are in the country irregularly, whether students or workers, to regulate them or take other measures contemplated in the law," he said, as reported in Hoy. He lamented the way that when the issue of migration comes up, people only think of the Haitians. "Here when talking about foreigners, people have to forget about Haitians. That instruction is applicable to all foreigners, regardless of their nationality, because laws are not made for certain foreigners, but are for general application," he said.

Moreover, he said that there are groups that want to boycott the ruling. "They are groups that feed off chaos, and we are trying to apply a law that will at some point bring order to migration matters, to a registry of foreigners, to regulate matters," he said. He said that the ruling would enable foreign workers with legal status to participate in social security and foreign students to study in local universities.

The president of the Employer Confederation in the Dominican Republic (Copardom) called for the cooperation of Haitian authorities. "The main problem that exists to comply with the ruling is the lack of documentation of Haitian nationals, of ID card, passport or birth certificate," he said, as reported in Listin Diario.

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