Draft CARICOM Statement

The Bureau of the Conference of Heads of Government of the Caribbean Community (CARICOM) met in Port of Spain, Trinidad and Tobago on Tuesday 26th November 2013 on the Ruling of the Constitutional Court of the Dominica Republic on Nationality and issued the following statement.

DRAFT CARICOM STATEMENT ON DEVELOPMENTS IN THE AFTERMATH OF THE RULING OF THE CONSTITUTIONAL COURT OF THE DOMINICAN REPUBLIC ON NATIONALITY

The Caribbean Community (CARICOM) condemns the abhorrent and discriminatory ruling of September 23, 2013, of the Constitutional Court of the Dominican Republic on nationality which retroactively strips tens of thousands of Dominicans, mostly of Haitian descent, of citizenship rendering them stateless and with no recourse to appeal

It is especially repugnant that the ruling ignores the 2005 judgement made by the Inter-American Court on Human Rights (IACHR) that the Dominican Republic adapt its immigration laws and practices in accordance with the provisions of the American Convention on Human Rights. The ruling also violates the Dominican Republic’s international human rights obligations. Furthermore, the ruling has created an environment where, with the abrogation of rights that flow from citizenship, arbitrariness can flourish as illustrated by recent media reports of the forced deportation to Haiti of persons claiming to be Dominican and with no linguistic or familial ties to that country.

The Caribbean Community reiterates its call to the Government of the Dominican Republic to take the necessary political, legislative, judicial and administrative steps urgently to redress the grave humanitarian situation created by the ruling. The Community also calls on regional and hemispheric countries and organisations to lend their voice to urge the Dominican Republic to right this terrible wrong.

The Community welcomes the intervention by Venezuela to assist in resolving the issue but given the grave humanitarian implications of the court ruling the Community cannot allow its relationship with the Dominican Republic to continue as normal. In that regard, the Community, at this time, will suspend consideration of the request by the Dominican Republic for membership of the Caribbean Community. Furthermore, the Community will review its relationship with the Dominican Republic in other fora including that of CARIFORUM, CELAC and the OAS. It cannot be business as usual.

CARICOM supports the visit of the Inter American Commission on Human Rights and will request an advisory opinion from the Inter American Court of Human Rights. The Community will also consider the introduction of a Resolution at the United Nations General Assembly condemning the ruling.

Moreover we call on the global and regional community to pressure the government of the Dominican Republic to adopt urgent measures to ensure that the jaundiced decision of the Constitutional Court does not stand and that the full citizenship rights of persons of Haitian descent, born in the Dominican Republic are guaranteed. The Caribbean Community accords this matter the highest priority.

CARICOM is prepared to engage the Dominican Republic but the government of the Dominican Republic must show good faith by immediate credible steps as part of an overall plan to resolve the nationality and attendant issues in the shortest possible time.