11. The Committee reiterates its concern that racial prejudice and discrimination against Haitians and Dominicans of Haitian descent in the State party persists. It regrets that five years after the judgment by the Inter-American Court of Human Rights in the Yean and Bosico case, children of Haitian descent born in the State party continue to suffer discrimination, in particular through the revocation of identity documents as a result of the application of Law No. 285-04 on Migration of 2004, Resolution No. 017 by the Dominican Electoral Board in 2007, and article 18.3 of the Constitution of 2010. The Committee notes that the non-renewal of residency documents has increased the exposure of Haitian children and Dominican children of Haitian descent, especially, to discriminatory practices. The Committee is also concerned that the aforementioned Law No. 285-04 on Migration expanded groups of children denied their right to Dominican nationally making them effectively stateless and that this law is applicable retroactively. The Committee is in particular concerned that the approach taken by Law No. 285-04 on Migration of 2004 has been integrated into the 2010 Constitution of the State party (art. 2, para. 2).
The Committee recommends that the State party adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate formal or de facto discrimination against Haitians and Dominicans of Haitian descent. It also urges the State party to ensure birth registration with regard to these groups and guarantee their economic, social and cultural rights. It urges the State party to reconsider the regulations relating to the citizenship of children of Haitians and Dominicans of Haitian descent, in particular, by ensuring a non-discriminatory access to the Dominican nationality, irrespective of date of birth.
24. (...) The Committee urges the State party to accelerate the process of birth registration for those persons still lacking identity documents and requests that information in this regard be included in the next periodic report.
25. (...) It recommends that the State party consider accession to international instruments to address the situation of stateless persons, namely the 1954 Convention relating to the Status of Stateless Persons and that it continue its cooperation with the Office of the United Nations High Commissioner for Refugees in this regard.
Protection/Enjoyment of rights