A/HRC/7/19/Add.5 A/HRC/7/23/Add.3 Page 32 126. 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local civil registry offices should be dramatically increased; Circular 017 of the Central Electoral Board should be withdrawn and replaced with one which encourages an official attitude of facilitation and trust; officials should be given notice that acts of racial discrimination in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.

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