21. The Committee finds it regrettable that the State party has not acted upon its previous recommendation on this subject (E/C.12/DOM/CO/3, para. 11) and remains concerned over the continued discrimination faced by Haitians and persons of Haitian descent in the State party. Moreover, the Committee finds it regrettable that, pursuant to Constitutional Court ruling TC/0168/13, persons of Haitian descent who were born in the State party and have lived there for decades have retroactively been deprived of their nationality. While noting the adoption of Act No. 169/14, which establishes a regime for the regularization and naturalization of the persons affected by the ruling, the Committee is concerned that a significant number of persons of Haitian descent are stateless, which limits their effective exercise of their economic, social and cultural rights (art. 2).
22. In the light of its previous recommendation on the subject (E/C.12/DOM/CO/3, para. 11), the Committee urges the State party to:
(a) Adopt all necessary legislative and administrative measures to combat all forms of discrimination that cause or perpetuate formal or de facto discrimination against Haitians and Dominicans of Haitian descent;
(b) Adopt such measures as may be necessary to ensure that ruling TC/0168/13 ceases to have any legal effect and ceases to result in the deprivation of persons of Haitian descent of their economic, social and cultural rights and, to that end, consider amending the constitutional provisions that provided the basis for that ruling;
(c) Ensure the restoration of nationality to all individuals to whom the ruling applies and eliminate excessive procedures and requirements for the recovery of nationality;
(d) Adopt the necessary measures to prevent and reduce statelessness and consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
47. The Committee recommends that the State party intensify its efforts to ensure that everyone has access to an efficient and free birth registration process through which all children who do not have a birth certificate may obtain one. In addition, the Committee urges the State party to eliminate all legal provisions and administrative practices that prevent children of Haitian descent from obtaining a birth certificate.
65. The Committee recommends that the State party:
(c) Redouble its efforts to guarantee access to all levels of education for all children and adolescents, in particular Haitian children, children of Haitian descent and children who do not possess a birth certificate or identity document;
Protection/Enjoyment of rights
Remedy/Reparation
Loss/Deprivation
Birth registration
Race/Ethnicity
International Instruments
Legislative/Judicial/Administrative action