Stateless on the Island: A Divided Hispaniola

Michael Santos Paulino | michaell.santospaulino@yale.edu

The Dominican Republic and Haiti have had a complicated history since their inception. In 2010, this relationship worsened when the Dominican Republic reformed its constitution to restate the definition of citizenship to only those born in the Dominican Republic to Dominican parents with legal status. This reform expanded three years later in 2013, when the Constitutional Court made a 168-13 decision declaring that the constitutional reform was retroactive, applying to anyone born between 1929 and 2010. This reform and decision by the court was a direct response to the growing number of Haitian immigrants in the country. The Dominican Republic’s use of constitutional and legal reforms over recent decades targeted Haitian immigrants and Dominicans of Haitian descent, effectively creating a class of stateless individuals.

Much of the conflict between the two countries has developed due to Haitian migration to the Dominican Republic. Haiti has faced economic difficulties, natural disasters, and a lack of government structure, making it the poorest country in Latin America. Conversely, the Dominican Republic has been able to economically benefit in sectors such as tourism and agriculture, setting themselves up to be part of the international stage. Due to the economic struggle that Haiti is experiencing, many Haitian citizens migrate to the Dominican Republic. However—without a formalized system—many have done so without documentation. While Haiti has consistently suffered from a lack of resources and democratic leadership over the years, it has also endured natural disasters such as the earthquake in 2010, which left approximately 1.5 million people homeless. This earthquake was a step further into the crises that Haiti was facing and caused many more citizens to leave for the Dominican Republic in search of not only work but now also a home. In 2021, the Haitian president, Jovenel Moïse, was assassinated, leaving the country once again in despair, with a government in disarray and a country ruled by gangs.

From an early age, Dominicans were taught in school that Haitians were part of the reason they had to fight for independence. The country’s independence day is not celebrating its independence from Spain but from Haiti. Before 2004, it was easier for Haitian descendants to obtain Dominican citizenship. If you were born in the Dominican Republic to “parents who resided in the country for periods exceeding 10 days,” you were recognized as a citizen. Although this was possible for people of Haitian descent, it was still difficult to prove their identity. When going to the civil registry, many were denied a birth certificate proving they were Dominican.

This situation worsened in 2004 when the government adopted Law No. 285-04. The law “effectively ended the automatic right to Dominican nationality.” With the law, being born in the Dominican Republic did not guarantee Dominican citizenship, which opened the possibility that children born in the country would become stateless. Citizenship would only be obtained if a child was born to Dominican parents or someone had the legal documentation to prove they were Dominican. The country had to find a system that would allow them to continue to count children born in the country to non-Dominican parents. They began distributing pink cards to mothers who were not residents of the Dominican Republic. These pink cards were used to register the birth, but not for the children to receive a birth certificate or a cédula, the official identity document required in the Dominican Republic. This pink card is still in use today and allows children born to non-resident mothers a form of proof of birth.

In 2013, the country took a step that surprised the country and the international community. The Constitutional Court, in decision 168-13, decided that Law No. 285-04 was to be interpreted retroactively, meaning that the law passed in 2010 on citizenship was to apply to anyone born between 1929 and 2010, even despite the fact citizenship laws during those years did not focus on the legal status of the parents. This law targeted Dominicans of Haitian descent and meant that even if you had your documentation, were born in the country, and had been living there for decades, if your parents were not citizens, then your citizenship would be revoked. This left thousands of Dominican citizens stateless, as the country they called home revoked their citizenship with no other country to turn to.

Even with the criticism the Dominican government received, in 2014, Congress adopted a new naturalization law, Law 169-14, hoping to lessen the damage and legal chaos occurring with more than 200 thousand Dominicans being deprived of citizenship. This law had a system where those affected were divided into two groups. The first group was the people who were registered in the Civil Registry at birth. This group received their citizenship back and was given the necessary documentation to prove they were Dominican citizens. The second group consisted of people not part of the civil registry as their parents did not register them at birth. For this group, the plan established by Law 169-14 was to declare themselves foreigners and wait two years to apply for nationality. In the meantime, they were given an identity document. However, on this identity card, the nationality was written as “Haiti” rather than the Dominican Republic, although the place of birth described the country in which the person was born.

For many, it was very frustrating, as they were born in the Dominican Republic but assigned a Haitian nationality, even if they had never set foot in Haiti and the only connection they had was that their parents were born there. This was the case for Nertania, who did not know Haiti beyond knowing that her parents were from there. For many, this document became the only thing they had to be able to prove their identity and existence, but this was threatened in February 2020 when the office that was used to renew the ID document was closed. Without an official ID, these people fall victim to being stateless.

Instead of creating an efficient immigration system, the government has focused on stripping Haitian immigrants of any rights they possess. Without proper documentation, Dominicans of Haitian descent cannot go to school or get a job, leaving them in an endless cycle of poverty and increasing the likelihood that they will begin working without permission. What worsens this situation is that many of these policies are born out of the discrimination and colorism that have historically existed in the country. Throughout the discussion of immigration laws, the topic always focuses on Haitians, but the reality is that many immigrants from different countries are entering the Dominican Republic; however, they are welcome and do not receive the same legal attacks as Haitian immigrants.

These attacks target the country’s dark-skinned population. For example, when traveling from the east to the west of the island, one encounters military checkpoints that stop all vehicles but only ask for identification from those with dark skin. This is the case of Venezuelans, who “have been largely spared from immigration raids, as immigration officials use racial profiling against Black or darker-skinned people to identify those in irregular status.” This difference in treatment gives us insight into the injustice that exists with Haitians in the country and why they are the only country of focus when we talk about immigration in the Dominican Republic.

Despite most of the laws and reforms mentioned having been passed within the last 30 years, the treatment of Haitians has not changed. If not worsened. The government of Luis Abinader, the current president of the Dominican Republic, has a goal to continue regularizing the immigration of Haitians. His government has begun the construction of a border wall between the two countries to prevent the entry of more Haitian immigrants. Recently, in September 2023, the border was closed, not allowing the passage of any person coming from Haiti. Every presidential administration, regardless of political party, has been guilty of continuing with strict immigration laws that inhibit the Haitian population of the Dominican Republic.

We must look for a way in which the two countries can coexist peacefully. Each country has the right to defend its territory and its nation. Instead of creating more conflict, the Dominican Republic should be able to help its neighbors, with the help of the international community, to find a way to protect our island and as two separate countries. The law should be used to create a society with more peace and organization, not to create more chaos and problems.

Writer’s Reflection:

The relationship between the Dominican Republic and Haiti is fascinating to me, especially as someone who was born in the Dominican Republic. To me, it’s crucial to highlight the failures of the Dominican state in how they engage with Haiti and its citizens. As we continue to navigate this complex relationship between the two countries, I hope that the Dominican government is able to approach the issue in a much more humane way and that other countries, like the U.S., follow.