A/HRC/7/19/Add.5 A/HRC/7/23/Add.3 Page 2 Summary At the invitation of the Government of the Dominican Republic and in the pursuance of their respective mandates, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, and the independent expert on minority issues, Gay McDougall, visited the Dominican Republic between 23 and 29 October 2007. During their visit, they consulted with many senior Government representatives, members of the legislative and judiciary branches, NGOs, community members, academics and students, political parties, media and other institutions and individuals working in the field of minority issues, social inclusion, anti-racism and discrimination. The delegation visited Santo Domingo, Dajabón and the border region with Haiti, Santiago and San Pedro de Macorís. The experts found that there is a profound and entrenched problem of racism and discrimination in Dominican society, generally affecting blacks and particularly such groups as black Dominicans, Dominicans of Haitian descent and Haitians. The dominant perception among most Dominicans is that their mulatto skin tones distinguish them from darker-skinned Dominicans and Haitians. The experts noted that the issue of racism is almost invisible in certain parts of society and in particular amongst elites who vehemently deny the possibility of the existence of such a phenomenon. They consider that this invisibility may be the reflection or the consequence of several factors: the historical and cultural depth of racism in the whole hemisphere, from slavery and colonization until the present day; the occupation of the Dominican Republic by Haiti and the achievement of independence of the Dominican Republic from Haiti; and the centrality and instrumentalization of the racial factor during the Trujillo regime and its profound impact in Dominican society. This legacy remains today and helps to perpetuate negative and racist perceptions of blacks, including black Dominicans, those of Haitian descent and Haitians. The factors of race and skin colour profoundly pervade Dominican society and racial prejudice is an important dimension of anti-Haitianism. While there is no Government policy of racism and no legislation that is on the face of it clearly discriminatory, the experts highlight the discriminatory impact of certain laws, particularly those relating to migration, civil status and the granting of Dominican citizenship to persons of Haitian heritage born in the Dominican Republic. In particular Migration Law No. 285-04 presents problems of conflict with the Dominican Constitution, retroactivity and discriminatory application. People of Haitian descent living in the Dominican Republic constitute a minority group with rights, as elaborated in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 1 Included in that community are people of Haitian descent who have lived in the Dominican Republic for decades, as well as second and third generations born in the Dominican Republic when it was widely understood that the jus soli provision of the Dominican Constitution granted them citizenship. People of Haitian descent in all categories are now having their presence questioned, regardless of whether they have been issued official documents in the past. They are experiencing extreme vulnerability, unjustified 1 General Assembly resolution 47/135.