AR256

An Assembly Resolution respectfully urging reinstatement of Dominican citizenship to Dominicans of Haitian descent adversely affected by Constitutional Tribunal Ruling No.168-13 and Naturalization Law No.169-14.

Be It Resolved by the General Assembly of the State of New Jersey:

Whereas, New Jersey has a long history of addressing violations of human rights and advocating for the civil liberties of all peoples so as to ensure equal access to justice, freedom and opportunity; and

Whereas, In September 2013, the Constitutional Tribunal of the Dominican Republic issued Ruling No. 168-13, which retroactively stripped Dominic citizenship from an estimated 240,000 people born since 1929 in the Dominican Republic to undocumented, primarily Haitian, parents; and

Whereas, In May 2014, in response to domestic and international outcry, the National Congress of the Dominican Republic enacted Naturalization Law No. 169-14, which, among other things, provided a pathway to regain citizenship for certain individuals who had been rendered stateless as a result of Ruling No. 168-13; and

Whereas, Pursuant to Naturalization Law No.169-14, certain individuals, those affected Dominicans whose births were already registered with the government, could apply to have their citizenship reinstated at any time, while others, those affected Dominicans with no birth registry, had until February 1, 2015, later extended to June 15, 2015, to obtain a residency permit that would allow the individual to apply for naturalization after two years; and

Whereas, The language and terms of Naturalization Law No. 169-14 are difficult to understand, its provisions have not been well communicated to the public, and its implementation has been problematic, with the result that many individuals affected by the law are unaware of it, and are thus unable to take appropriate action on their own behalf; and

Whereas, Those adversely affected individuals who lack a Dominican birth registry are often among the most disadvantaged of Dominican society, and despite the high numbers of people who could benefit from the law, it is estimated that less than five percent of those eligible actually registered, leaving tens of thousands of people stateless and facing imminent deportation; and

Whereas, The Inter-American Court of Human Rights held that the ruling of the Constitutional Tribunal was retroactive and discriminatory, and in violation of the government’s binding obligations under the American Convention on Human Rights, as were the provisions of Naturalization Law No. 169-14 relating to those who lack Dominican birth registry; and

Whereas, This ruling and law have contributed to a climate of hostility toward Haitians and affected Dominicans, resulting in acts of violence, including lynching and mob attacks; and

Whereas, Various academic, legal, and human rights groups, including the National Bar Association, The Robert F. Kennedy Center for Justice and Human Rights, The Haitian American Committee, New Jersey For Haiti, The Haitian Lawyers Association of New Jersey, The Haitian American Professionals Coalition, Haitian American Lawyers Association of New York, The Haitian Congress to Fortify Haiti, and The Coalition of Dominicans Against Racism, among others, call for immediate action in the Dominican Republic; and

Whereas, The statelessness and deportation of thousands of people who were born in the Dominican Republic and have contributed to its society and economic success, yet are now deprived of the rights of citizenship, presents a serious threat to human rights and is of immense concern to this House; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House expresses great concern over the Dominican Republic’s denial of citizenship to individuals of Haitian descent born in the Dominican Republic and respectfully urges the Dominican Republic to comply with international norms and facilitate the reinstatement of Dominican citizenship of those now rendered stateless.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, every member of the New Jersey Congressional delegation, and the Dominican Republic’s Ambassador to the United States.

STATEMENT

This resolution respectfully urges the Dominican Republic to reinstate the citizenship of those of Haitian descent born in the Dominican Republic. A 2013 ruling of the Constitutional Tribunal of the Dominican Republic (Ruling No.168-13) retroactively stripped citizenship from as many as 240,000 people born since 1929 to Haitian parents in the Dominican Republic. Following international outcry, the National Congress of the Dominican Republic enacted Naturalization Law No.169-14, which provided a path to regain citizenship for those affected by Ruling No.168-13.

The law provides, among other things, that certain individuals whose births were already registered with the Dominican government could apply to have their citizenship reinstated at any time, while those with no Dominican birth registry had to register for a residency permit by February 1, 2015, later extended to June 15, 2015, after which the individual could apply for naturalization after the passage of two years.

The language and terms of the law are difficult to understand, its provisions have not been well communicated to the public, with the result that many disadvantaged individuals who might benefit from the law are unaware of it, and are thus, unable to take action on their own behalf. It is estimated that less than five percent of those individuals eligible to register actually did so.

The Inter-American Court of Human Rights found that Ruling No.168-13 and the provisions of Naturalization Law No.169-14 relating to those who lack Dominican birth registry violated the Dominican Republic’s binding obligations under the American Convention on Human Rights.

The statelessness and imminent deportation of thousands of people of Haitian descent who were born in the Dominican Republic and have contributed to Dominican society and its economic success presents a profound threat to human rights and is of immense concern to all.