2004 Bridges Summer Research Report Tara Lundstrom Boalt Hall School of Law "Challenging the Dominican Republic’s Discriminatory Registration Policies before the Inter-American Court for Human Rights"

Purpose and Outcome of Travel

The International Human Rights Clinic in collaboration with the Center for Economic Justice and International Law (CEJIL) and the Movimiento de Mujeres Dominico-Haitianas (MUDHA) have challenged the discriminatory registration policies in the Dominican Republic at the international level. Several weeks prior to my departure for the Dominican Republic, I received news that the Inter-American Court had slated our case to go to trial in March of 2005. While I had previously intended to spend my summer assisting trafficking victims, my focus quickly shifted to preparing for the upcoming hearing. Consequently, I devoted my time in the Dominican Republic to gathering evidence, getting witnesses ready for trial and analyzing recent developments in domestic legislation, policy and jurisprudence.

First brought before the Inter-American Commission for Human Rights in 1989, the registration case is now in its final stage. In March, the presiding judges of the Inter-American Court for Human Rights will determine whether the Dominican Republic violated the human rights of our victims. The Commission has already ruled in our favor. Because of the government’s inadequate response to the Commission’s decision, the Commission referred the registration case to the Inter-American Court, and will represent the victims during the proceedings. Due to recent procedural changes, the CEJIL, the International Human Rights Law Clinic, and MUDHA will also be able to represent the victims directly.

Over the course of the summer, I discovered that the government recently implemented new regulations to liberalize the registration process. This reform is a response to the substantial number of children in the Dominican Republic that do not have birth certificates. Nevertheless, recent changes do little to address the exclusion of children of Haitian descent born in the Dominican Republic from enjoying their constitutional right to nationality. Registration still depends on the parents’ legal status in the country, which excludes most children of Haitian descent born in the country. Dominicans of Haitian descent tend to inherit their parents’ illegal status, creating a state of “perpetual illegality” as successive generations are not able to register their births in the Dominican Republic.

School children in one of the bateye communities.

The consequences of their stateless status are substantial. Expulsions from the Dominican Republic to Haiti occur daily. Without a birth certificate, Dominicans of Haitian descent have no proof of their Dominican nationality. As a result, they are constantly at risk of being expelled to an unknown country. In addition, many schools continue to discriminate against children of Haitian descent and refuse to enroll them in elementary school without a birth certificate. One mother I interviewed expressed how difficult it has been financially for her and her husband to send their two daughters to private school. They had to pawn their possessions to gather enough money to enroll them. Tuition expenses continue to consume a considerable share of their monthly income.

If decided in our favor, this case could contribute significantly to the fight to end discriminatory practices in the registration of children in the Dominican Republic.
Like other international tribunals, the Inter-American Court relies on a “shame and blame” enforcement mechanism. The Dominican Republic has failed to respond to international pressure in the past. We can only hope that a favorable decision from the Court will prove more persuasive. Despite this evident weakness, local advocates could also use this case as a tool to promote change on a domestic level. Treaties signed by the Dominican Republic have the same status as domestic laws. Because the Dominican Republic has signed the American Convention and accepted jurisdiction of the Inter-American Court, advocates can cite to the Court’s opinion as highly persuasive authority.

My work this summer contributed to our understanding of recent developments in the Dominican Republic, which will be used to prepare our responses to the government’s arguments more effectively at trial. Evidence I gathered will bolster our case because it helps document that it is not an anomaly, but rather another incident that forms part of a broader discriminatory policy promulgated by the government.

Description of Activities

I worked as an intern in MUDHA’s legal department in Santo Domingo. MUDHA is a grassroots NGO that advocates for the rights of Haitians and Dominicans of Haitian descent, especially women, in the Dominican Republic. Most of the employees at MUDHA are Dominicans of Haitian descent that grew up in the bateyes, the marginalized communities composed primarily of Haitians and Dominicans of Haitian descent. Consequently, they have both close ties to the population they serve and a nuanced understanding of the problems it faces.

Confidentiality concerns necessarily restrict the extent to which I can discuss evidence collection. I had the opportunity to interview government authorities regarding recent reform efforts. I also approached public functionaries to document discrepancies in implementing registration procedures. Not only do the registration requirements discriminate against Dominicans of Haitian descent, but also the wide discretion exercised by functionaries allows individual bias to color their decisions. I also gathered documentation to show how existing appeal mechanisms are ineffective. When a Civil Status Official denies a registration application, the applicant has few means for challenging that decision. Available mechanisms are discretionary and often subject to considerable delay; it is not uncommon for years to go by without a response.

Over the summer, I was able to obtain travel documents for the victims so that they will be able to travel to Costa Rica, where they will testify in the hearing. I also worked closely with the victims to help prepare them for trial. Interviews with witnesses helped clarify their stories so that they will be ready to testify. Moreover, our victims had not ventured much outside of their communities. Traveling to another country and testifying in a court of law were frightening prospects. To help quell their fears, I arranged for them to attend a criminal trial in one of the local courts. I benefited from this experience as well. I was able to observe differences between civil and common-law systems. As the Inter-American Court operates on a civil law model, I now have a better understanding of how the hearing will proceed in March.

Working with MUDHA also afforded me the opportunity to observe the registration process firsthand. I accompanied the legal department several times over the course of the summer when they registered children. To show my appreciation, I also provided support to the staff. This assistance came in various forms, from translating documents to researching international case law to support other cases.

Relationship to Degree Goals

As a law student at Boalt Hall, I have focused my studies on international law, especially with respect to the promotion of human rights. This year, I am continuing to assist with trial preparation through my participation in the International Human Rights Law Clinic. My work in the Dominican Republic has thus far proved invaluable in developing our case theory.

Moreover, my experience this summer in the Dominican Republic has contributed to my preparation as a lawyer and human rights advocate. I gained exposure to the inherent difficulties of collecting evidence of human rights violations in a foreign country. I also benefited greatly as a result of my collaboration with our clients. Balancing my interests as an advocate and the interests of our clients proved challenging but ultimately rewarding as I came to understand their perspective and concerns. This experience will help prepare me to be a more sensitive and therefore more effective advocate in the future.