A/HRC/7/19/Add.5 A/HRC/7/23/Add.3 Page 27 Africans and their descendents ought to have in the national memory of the country and counter the invisibility and silence that black Dominicans face in all spheres of society. B. Analysis of the independent expert 100. Based on consultations held during the course of her visit the independent expert on minority issues makes the following analysis of the situation of persons belonging to minorities in the Dominican Republic. The legal framework for the analysis is the Universal Declaration of Human Rights, the treaty obligations of the Dominican Republic and the Declaration on the Rights of Minorities. 101. The independent expert is concerned by Government references to upwards of one million Haitians living in the Dominican Republic as if they are a monolithic group without distinction. She notes that this is patently not the case. While there are many recent migrants, many others have lived in the Dominican Republic for decades and formed settled communities. There are now second and third generations born in the Dominican Republic at a time when it was widely understood that the Constitution’s jus soli provision granted them citizenship. The vast majority have been employed and contributed economically to Dominican society over many decades, having developed strong social and economic ties with the country. 102. All Haitians living in the Dominican Republic, regardless of distinctions, are now having their presence questioned, even if they have been issued with official documents in the past. They complain that they currently live in a climate of uncertainty and fear over their future. The independent expert has found that by failing to make distinctions in the status of persons of Haitian descent, Government officials treat them all as illegal migrants, subject to discriminatory practices, unjustified expulsions, denial of their rights and ultimately also denial of legitimate expectations of citizenship. 103. The independent expert considers persons of Haitian heritage living in the Dominican Republic to be persons belonging to a minority group with rights as elaborated in the 1992 Declaration on the Rights of Minorities. They have that status regardless of whether they are duly recognized as citizens by the Dominican Republic or not. It is now recognized that the obligation of States with respect to the rights of minorities is not limited solely to its citizens. Non-citizens, including migrants, may under circumstances such as those in the Dominican Republic make legitimate claims to government to respect and protect their rights as minorities. 14 States owe a duty to respect, protect and promote the full panoply of human rights of all within their territory with only a few limitations attaching to the status of non-citizens (certain political rights, access to public service, consular protection, the right to enter and remain in the country). Of critical importance is the right to non-discrimination on prohibited grounds as it applies to nationality. Once citizenship is acquired, it cannot be arbitrarily withdrawn collectively on the basis of minority status or national origin. 104. The independent expert is in total agreement with the analysis of the Special Rapporteur regarding the deeply rooted societal prejudice in the Dominican Republic against people with dark skins and African features and that for historical reasons racial prejudice and anti14 See full discussion in the 2007 annual report of the independent expert (A/HRC/7/23).