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126. The Government should act swiftly to bring its Migration Law No. 285-04 into
conformity with article 11 of the Constitution and promulgate regulations that
appropriately implement the law in a manner that protects the right to non-discrimination
enjoyed by every person within Dominican territory and the imperative to avoid
statelessness.
127. The status of all migrants who have been resident in the Dominican Republic should
be regularized as soon as administratively possible. Those who have been in the country for
an extended period, including Haitian migrants, and who have established family and
community ties should be naturalized regardless of inability to prove prior lawful status.
The Government should urgently establish a process of nationalization for those who seek
Dominican citizenship that is easily accessible, reasonable and affordable for people of
limited means.
128. The Government should take effective measures to ensure that all future migrants
are given documents at entry points and that employers are held responsible for complying
with labour laws with respect to all employees and respecting the human rights of all
employees in all situations. The Government should ratify the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families and
harmonize its national legislation accordingly.
129. The Government should put in place effective measures to stop discriminatory
practices linked to granting citizenship and civil status registration, including birth
certificates and cédulas, and to bring administrative procedures in this regard into
conformity with due process requirements. In particular, oversight over local civil registry
offices should be dramatically increased; Circular 017 of the Central Electoral Board
should be withdrawn and replaced with one which encourages an official attitude of
facilitation and trust; officials should be given notice that acts of racial discrimination in
the exercise of official functions will be severely punished; any denial of request to issue
documents should be in writing and contain a full explanation for the denial; all denials of
documentation or orders for deportation should be subject to appeal to the courts of
general jurisdiction.
130. The experts call upon the Government of the Dominican Republic to fully comply
with the judgment and findings of the Inter-American Court of Human Rights in the case
of Yean and Bosico vs. the Dominican Republic. In particular the Dominican Republic
should implement both legislative and administrative measures to ensure nondiscriminatory issuance of birth certificates and access to schools.
131. The Dominican Government has a duty to guarantee that private actors do not
violate the human rights of persons within Dominican territory. The State has a
responsibility to monitor private companies and employers involved in agriculture,
construction and related industries, in which many Haitians and Dominicans of Haitian
descent are employed.