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View Full Version : Debates open on migration policies



NewsWhore
03-21-2007, 03:00 PM
Official and private entities will begin discussing the policies that govern migration within the Dominican Republic. The idea is to create a clear-cut policy that can be included in the constitutional reform process that is now under way. The groups will also look at the Inter-American Court of Human Rights ruling that condemned the Dominican Republic to payment of US$22,000 for failing to provide birth certificates for two Haitian children born in the country. The discussion panel is sponsored by the Latin American Faculty for Social Sciences (FLACSO), and will look at issues concerning jus solis and jus sanguinis, the traditional methods for determining citizenship in international law. The first concerns where a person was born and the second deals with the nationality of the birth parents. Javier Cabrera, a member of civic group Participacion Ciudadana, called for a clear-cut policy on migration. He reminded the audience of the case of the two girls that was taken by the human rights court and caused embarrassment for the Dominican Republic. He said that "we have immigration laws that still have serious limitations; there is no effective control on immigrants." Pelegrin Castillo, an eminent lawyer, told El Caribe reporters that due to the high population density of the Dominican Republic, the country could not absorb Haitian immigration. He said that he has always fought for the elimination of the jus solis applications of nationality. He invited the countries that claim to be supportive of Haiti - France and Venezuela, for example - to open their borders to Haitian immigration.
On 14 December 2005, the Supreme Court of Justice (SCJ) ruled that the children of illegal residents in the DR are not eligible for Dominican nationality. The court made the ruling in the case of an unconstitutionality recourse presented by groups that seek that Dominican nationality be granted to Haitians born in the Dominican Republic. The SCJ quoted the Migration Law that determines that foreigners admitted as non-residents are considered to be in transit for the application of Article 11 of the Constitution. It also bases its decision on The Hague Convention that establishes that each state is entitled to determine who is a national. In the sentence, the SCJ noted that the Haitian Constitution categorically expresses that "every individual born in Haiti or in a foreign country, to a Haitian man or woman, is Haitian".

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