By Doris Abdullah, Church of the Brethren representative to the United Nations
 
The Sept. 25 Dominican Republic 
court ruling denies Dominican nationality to children of undocumented 
migrants who have been born or registered in the country after 1929 and 
who do not have at least one parent of Dominican blood. This comes under
 a 2010 constitutional clause declaring these people to be either in the
 country illegally or in transit.
This court ruling has caused many to
 speak out in concern across the Americas, the Caribbean, and the 
international community, including the Office of the High Commissioner 
for Human Rights based in Geneva, Switzerland. Demonstrations against 
the court ruling have been held in New York, which has a large 
population of Haitian and Dominican residents.
The Church of the Brethren has 
concerns about the new law, expressed particularly through the Global 
Mission and Service office headed by Jay Wittmeyer, because the ruling 
will disproportionately affect brothers and sisters of Haitian descent 
in the Dominican Republic. I expressed the church’s concern about the 
court ruling at the Oct. 21 New York NGO briefing with the assistant 
secretary general for Human Rights and wrote a brief summary on the 
ruling based on reports and documents available from the Office of the 
High Commissioner.
First it should be noted that the 
International Convention on the Elimination of All forms of Racial 
Discrimination, which is one of the oldest of the UN treaty bodies, has 
declared that no nation is free of racial discrimination. As such we are
 not to judge the Dominican Republic any less or more harshly than our 
own country or any other country.
The ruling in the DR infringes on 
other international covenants and agreements as well as the one on 
racial discrimination including the International Covenant on Social, 
Economic, and Cultural Rights; the International Covenant on Civil and 
Political Rights; the Rights of the Child; and most glaringly the 
International Convention on the Protection of the Rights of All Migrant 
Workers and Members of their Families (1990). That any country may not 
have signed a United Nations agreement does not make their noncompliance
 valid.
The population of the Dominican 
Republic is around 10 million, of whom it is estimated about 275,000 
thousands are of Haitian descent and are affected by the court ruling. 
The country’s racial mix is overwhelmingly of African and European 
background. According to a report from April of this year, the racial 
and structural denial of the country’s African origin in its population 
is a factor limiting measures to overcome racial discrimination, and 
there appear to be attempts to not allow people to identify themselves 
as Black. The report requested the government to “amend their electoral 
law to enable Dominicans to identify themselves as negro, mulatto.” The 
report further notes that terms such as “indio-claro (light skinned 
Indian) and indio-oscuro (dark skinned Indian) fail to reflect the 
ethnic situation in the country and renders invisible the dark skinned 
population of African descent.”
It is not by chance or arbitrary 
that “after 1929” was chosen as the year persons born of Haitian 
parentage should be denied citizenship. The bulk of Haitian migrants to 
the DR came to the sugar plantations in the early part of the last 
century. Most would be dead by now, but declaring their offspring 
noncitizens would be another means to rid the country of persons born of
 Haitian origin and by extension African descent.
Dec. 18 was the United Nations 
International Migrant Day. A joint commemoration statement on the plight
 of migrants, that would include those of Haitian descent in the DR, was
 issued by the UN Special Rapporteur on the Human Rights of Migrants, 
Francois Crepeau; the chair of the UN Committee on the Protection of the
 Rights of all Migrant workers and their Families, Abdelhamid El Jamni; 
and the Rapporteur on the Rights of Migrants of the Inter-American 
Commission on Human Rights, Felipe Gonzales. They once again reminded 
the world that "migrants are first and foremost human beings with human 
rights." Migrants "cannot be perceived or portrayed only as agents for 
economic development" nor "helpless victims in need of rescue and/or 
criminal frauds.”
Let us continue to pray and hope 
that the government and people of the Dominican Republic embrace their 
entire cultural heritage as we give support to our brothers and sisters 
of Haitian origin. We will rejoice on the day that the Dominicans 
recognize the African contribution to their country, and allow their 
citizens the freedom to choose their racial and cultural identity 
without prejudice.
-- Doris Abdullah of Brooklyn, 
N.Y., is the Church of the Brethren representative to the United Nations
 and chair of the UN NGOs’ Human Rights Sub-Committee for the 
Elimination of Racism, Racial Discrimination, Xenophobia, and Related 
Intolerance.
Source: 12/20/2013 Newsline
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