Dominican Republic urged not to deport stateless Dominicans

News Stories, 19 June 2015

© UNHCR/B.Sokol
A Haitian mother sits at the kitchen table in her home in the Dominican Republic (DR). She was born in Haiti, but all her eight children were born in DR. Tens of thousands of people of Haitian descent born in the Dominican Republic have had their Dominican citizenship revoked, rendering them stateless and face deportation.

GENEVA, June 19 (UNHCR) The UN refugee agency has appealed to the government of the Dominican Republic not to deport tens of thousands of people whose citizenship was thrown into question by a 2013 ruling of the country's Constitutional Court.

Most of these are people of Haitian descent who were born in the Dominican Republic. For decades, the Dominican Republic recognized the children of Haitian migrants born in the country as Dominican citizens irrespective of the migration status of their parents.

However, the Court's ruling, along with previous changes to nationality laws aimed at tackling illegal migration from neighbouring Haiti, ended this and a subsequent regularization plan gave them until mid-June to regularize their status. The ruling denied the children of Haitian migrants birth certificates, identity documents, and left them stateless. A stateless person is one not recognized as a citizen by any country.

"With a stateless population in the Dominican Republic estimated at more than 200,000 people, the consequences of expulsion could be devastating," UNHCR spokesperson Adrian Edwards told a press briefing in Geneva.

He said UNHCR was concerned both about the human rights considerations for people who may be expelled and that people could end up being pushed into Haiti even though they are not considered as citizens of that country.

"This would have serious repercussions for all who are affected and be a serious setback to efforts worldwide to end the problem of statelessness," he added.

UNHCR maintains that it is of the utmost importance that the Dominican Republic avoids creating a new refugee situation and has offered its support to the authorities to identify and register these individuals.

The Dominican authorities have announced that they will conduct screenings of all individuals subject to deportation. UNHCR has recommended that for people who claim to be Dominican, but do not have the required documents, the authorities can use other screening approaches, such as knowledge of Spanish, which would distinguish them from more recent arrivals. In Haiti, most people speak French and local Creole.

Since the 1890s, hundreds of thousands of Haitians have crossed into the more prosperous Dominican Republic to escape political violence and persecution and seek a better life.

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Ending Statelessness

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Statelessness Around the World

At least 10 million people in the world today are stateless. They are told that they don't belong anywhere. They are denied a nationality. And without one, they are denied their basic rights. From the moment they are born they are deprived of not only citizenship but, in many cases, even documentation of their birth. Many struggle throughout their lives with limited or no access to education, health care, employment, freedom of movement or sense of security. Many are unable to marry, while some people choose not to have children just to avoid passing on the stigma of statelessness. Even at the end of their lives, many stateless people are denied the dignity of a death certificate and proper burial.

The human impact of statelessness is tremendous. Generations and entire communities can be affected. But, with political will, statelessness is relatively easy to resolve. Thanks to government action, more than 4 million stateless people acquired a nationality between 2003 and 2013 or had their nationality confirmed. Between 2004 and 2014, twelve countries took steps to remove gender discrimination from their nationality laws - action that is vital to ensuring children are not left stateless if their fathers are stateless or unable to confer their nationality. Between 2011 and 2014, there were 42 accessions to the two statelessness conventions - indication of a growing consensus on the need to tackle statelessness. UNHCR's 10-year Campaign to End Statelessness seeks to give impetus to this. The campaign calls on states to take 10 actions that would bring a definitive end to this problem and the suffering it causes.

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Statelessness Around the World

Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Kyrgyzstan

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Statelessness can arise when citizenship laws do not treat men and women equally. Statelessness bars people from rights that most people take for granted such as getting a job, buying a house, travelling, opening a bank account, getting an education, accessing health care. It can even lead to detention.

In some countries, nationality laws do not allow mothers to confer nationality to their children on an equal basis as fathers and this creates the risk that these children will be left stateless. In others, women cannot acquire, change or retain their nationality on an equal basis as men. More than 40 countries still discriminate against women with respect to these elements.

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