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72.
There is a widely held belief, supported by NGO research and interviews with civil
registry officials, that those instructions to staff have specifically stated that they are not to issue
any documents to “Haitians” or those of Haitian descent even when they have documents
attesting to their Dominican nationality.
73.
The experts were informed about written correspondence between the President of the
Administrative Chamber of the Central Electoral Board and local civil registry officers
reiterating the necessity to strictly comply with the terms of Circular 017, “whose aim is to detect
the commission of irregularities in the Civil Registry, thus preserving Dominican identity”.
Individuals whose documentation was subject to investigation provided copies of written
correspondence from civil registry officers to the National Director of the Civil Registry in the
Central Electoral Board explicitly asking for investigation of birth declarations on the grounds
that “parents, according to the documents presented, are of Haitian descent, despite being born in
the Dominican Republic and in possession of birth certificates”.
74.
Many NGOs and community members indicated that, on the basis of this circular,
cédulas have been denied to children of Dominicans of Haitian descent in possession of a
Dominican birth certificate – even to those that had obtained a birth certificate through late
registration, a procedure which requires approval and signature from a judge of first instance.
Numerous cases were also reported to the experts of the refusal by the Central Electoral Board to
renew documents or provide copies of previously issued documents, even to Dominicans of
Haitian descent in possession of Dominican birth certificates, cédulas and electoral identification
documents, attesting to their Dominican citizenship.
75.
The experts were informed that in 2006 the Central Electoral Board granted a two year
automatic extension to all cédulas in response to its own review and reform process and
administrative improvements. NGOs expressed concern that in 2008 hundreds of thousands of
cédulas would be due for renewal. Given current regulations and the practice of denying renewal
to Dominicans of Haitian descent, many thousands may find that they are unable to obtain
cédulas and thus effectively have their legal status revoked.
76.
In a meeting with judges of the Central Electoral Board, the experts were informed about
false claims, and high numbers of fraudulent papers which complicate the task of distinguishing
legal residents from illegal migrants. The judges explained that the Central Electoral Board is
only legally allowed to issue a cédula to those in possession of valid documents including a birth
certificate, and that thousands of investigations are currently underway. The judges noted that the
Dominican Republic has a legal procedure for the granting of nationality and that they maintain
the principle that “illegality” in respect to parents cannot produce “legality” in respect to the
status of a child born in the Dominican Republic.
77.
The experts submitted in writing to the Central Electoral Board the cases of individuals
they had encountered during the visit. These cases included denial of cédulas to Dominicans of
Haitian descent who have Dominican birth certificates due to their parents having declared them
with fichas; denial of constancias de nacimiento to children of Dominican mothers of Haitian
descent who have a Dominican birth certificate; denial of birth certificates to children born in the
Dominican Republic to Dominican parents of Haitian descent; and denial of copies or renewals