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Haiti: Information on whether a person born in Haiti, who lost Haitian nationality by acquiring another nationality, can recover the Haitian nationality

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 December 1992
Citation / Document Symbol HTI12574
Cite as Canada: Immigration and Refugee Board of Canada, Haiti: Information on whether a person born in Haiti, who lost Haitian nationality by acquiring another nationality, can recover the Haitian nationality, 1 December 1992, HTI12574, available at: https://www.refworld.org/docid/3ae6acbe64.html [accessed 13 October 2022]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

Please find attached a copy of the sections of the Constitution of Haiti, as published by Constitutions of the Countries of the World (Blaustein and Flanz 1987), which deal with acquisition and recovery of nationality. According to this document, Haitian nationality is lost by naturalization in a foreign country (Art. 13, Section a). The document adds that A naturalized Haitian may recover his Haitian nationality by meeting all of the conditions and formalities imposed on aliens by the law (Art. 14).

According to the consular attaché of the Embassy of Haiti in Ottawa, a Haitian who acquires the nationality of another country automatically loses Haitian nationality (23 Dec. 1992). The person may recover Haitian nationality by renouncing or otherwise losing the other nationality and appearing before a civil tribunal judge in Haiti (ibid.). The judge decides whether the person can recover Haitian nationality and submits his judgement to the Ministry of Justice for its ratification (Ibid.). Although both the archives containing the information which could help a person recover Haitian nationality (such as the original copy of his or her birth certificate) and the judge who must make a decision on the case are in Haiti, a person who is outside Haiti and wants to recover his or her Haitian nationality can initiate the procedure through an embassy or consulate. Nevertheless, the assistance that can be provided currently by diplomatic missions in this particular topic is limited, since the economic embargo and other circumstances have limited communications between Haiti and its diplomatic missions (Ibid.).

References

Blaustein, Albert P. and Gisbert H. Flanz, eds. 1987. "Haiti," Constitutions of the Countries of the World. Dobbs Ferry, NY: Oceana Publications.

Embassy of Haiti, Ottawa. 23 December 1992. Telephone Interview with Consular Attaché.

Attachment

Blaustein, Albert P. and Gisbert H. Flanz, eds. 1987. "Haiti," Constitutions of the Countries of the World. Dobbs Ferry, NY: Oceana Publications, pp. 10-11.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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