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its different communities to bond. In that process, two main principles should be
followed: respect for historical truth; and non-discrimination of minorities. He put
forward a number of concrete recommendations for the Government of Estonia and
its civil society.
4.
Mission to the Dominican Republic
43. From 23 to 29 October 2008, at the invitation of the Government, the former
mandate holder visited the Dominican Republic jointly with the independent expert
on minority issues. They submitted a report on the visit at the seventh session of the
Human Rights Council (A/HRC/7/19/Add.5-A/HRC/7/23/Add.3). The experts had
extensive meetings with senior Government representatives, members of the
legislative and judiciary branches, non-governmental organizations, 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.
44. The experts found that there was a profound and entrenched problem of racism
and discrimination in Dominican society, generally affecting blacks, in particular
such groups as black Dominicans, Dominicans of Haitian descent and Haitians. The
dominant perception among most Dominicans was that their mulatto skin tones
distinguished them from darker-skinned Dominicans and Haitians.
45. The experts noted that the issue of racism was almost invisible in certain parts
of society, in particular among elites who vehemently denied the possibility of the
existence of such a phenomenon. They considered that the invisibility might 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.
46. While there was no Government policy of racism and no legislation that was
on the face of it clearly discriminatory, the experts highlighted 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 presented problems
of conflict with the Constitution of the Dominican Republic, retroactivity and
discriminatory application.
47. The experts also noted that people of Haitian descent living in the Dominican
Republic, constituting a minority group with rights, as elaborated in the Declaration
on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities, included persons who had 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 Constitution granted them
citizenship. People of Haitian descent in all categories were now having their
presence questioned, regardless of whether they had been issued official documents
in the past. They were experiencing extreme vulnerability, unjustified deportations
and racial discrimination and were denied the full enjoyment of their human rights.
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