Identifier
Created
Classification
Origin
08SANTODOMINGO192
2008-02-07 16:33:00
UNCLASSIFIED
Embassy Santo Domingo
Cable title:
OPEN SOCIETY JUSTICE INITIATIVE CONDEMNS DR BIRTH
how-toVZCZCXYZ0002 PP RUEHWEB DE RUEHDG #0192/01 0381633 ZNR UUUUU ZZH P 071633Z FEB 08 FM AMEMBASSY SANTO DOMINGO TO RUEHC/SECSTATE WASHDC PRIORITY 0098 INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 4784
UNCLAS SANTO DOMINGO 000192
SIPDIS
SIPDIS
STATE FOR WHA/CAR
E.O. 12958: N/A
TAGS: PHUM PGOV SMIG CASC HA DR
SUBJECT: OPEN SOCIETY JUSTICE INITIATIVE CONDEMNS DR BIRTH
REGISTRATION SYSTEM
REF: A. 07 SANTO DOMINGO 479
B. 07 SANTO DOMINGO 2495
UNCLAS SANTO DOMINGO 000192
SIPDIS
SIPDIS
STATE FOR WHA/CAR
E.O. 12958: N/A
TAGS: PHUM PGOV SMIG CASC HA DR
SUBJECT: OPEN SOCIETY JUSTICE INITIATIVE CONDEMNS DR BIRTH
REGISTRATION SYSTEM
REF: A. 07 SANTO DOMINGO 479
B. 07 SANTO DOMINGO 2495
1. (SBU) Summary: EmbOffs met with representatives of the
Soros affiliated Open Society Justice Initiative to discuss
the Dominican Republic,s birth registration policy,
especially how it adversely affects Dominicans of Haitian
descent. The Justice Initiative highlighted deficiencies
with the country,s current birth registration system, and
discussed other related issues with documentation. These
issues remain a continuing concern for the Embassy as the
GODR has not shown sufficient will to acknowledge and address
the issue. End summary.
--------------
Background
--------------
2. (SBU) The Open Society Justice Initiative (OSJI) is an
operational program of the Open Society Institute, an NGO
founded and chaired by George Soros. The Justice Initiative
states that it pursues law reform activities grounded in the
protection of human rights, and contributes to the
development of legal capacity for open societies worldwide.
3. (SBU) The Dominican constitution grants citizenship to all
children born on Dominican soil, except for the children of
diplomats and the children of persons who are "in transit."
In 2004 the Dominican Congress modified provisions of its
immigration law to exclude from eligibility for Dominican
citizenship the children of non-resident mothers (Ref A).
The non-resident category includes tourists, travelers in
transit to other countries, temporary workers, persons who
entered the country legally but overstayed their visas, and
undocumented migrants. The Dominican Supreme Court upheld
the law,s constitutionality in 2005.
-------------- --------------
Justice Initiative Condemns Current Birth Registration
-------------- --------------
4. (SBU) On January 28 EmbOffs met with OSJI representatives
Julia Harrington, Indira Goris and Liliana Gamboa.
Harrington, a Senior Legal Officer with the Justice
Initiative, stated that the Dominican Republic has
implemented legislative and bureaucratic measures that have
rendered a number of Dominicans of Haitian descent
effectively or functionally stateless. The 2004 immigration
law created the Registry of Foreigners or "Pink Book" ("libro
de extranjeria" or "libro rosado"),which allows children
born in the Dominican Republic of non-resident mothers to be
registered in the special Registry of Foreigners. The
Registry does not confer citizenship. The parent must take
the special birth certificate to the parent,s corresponding
Embassy or Consulate to request citizenship for the child
(Ref A). Harrington highlighted that although the law allows
for documenting children of non-resident mothers in the
Registry of Foreigners, the law also deprives Dominicans of
Haitian descent of what she considers a lawful constitutional
right to a Dominican nationality.
5. (SBU) In addition, the Justice Initiative claims to have
documented cases of the Central Elections Board (JCE) putting
on administrative or investigative review requests for copies
of birth certificates or national ID and voting cards
(cedulas) of individuals who look Haitian or whose parents
are of Haitian descent. Both Harrington and a previous UN
report state that the JCE has issued Circular 17, relating to
suspicious documents, which gave instructions allowing
working level officials to question or confiscate documents
belonging to those of Haitian descent (Ref B). Sonia Pierre,
Director of the Movement of Dominican-Haitian Women (MUDHA),
has reported similar incidents. (Note: To date, the Embassy
has not been provided with a copy of Circular 17 from any
source. End Note.)
6. (SBU) Harrington also stated that the implementation of
the Registry of Foreigners has been less than adequate citing
that, to date, there are only thirty-seven known cases of
children born to non-resident mothers registered in the
Registry, of which seventeen are children born to Haitian
mothers. (Note: The JCE told EmbOffs that full
implementation of the Registry began in December 2007 and
corroborated the number registered to date. End Note.) In a
previous meeting with PolOff in December 2007, the mayor of
Dajabon, a town along the border with a significant Haitian
population, seemed genuinely unaware of the Registry of
Foreigners for non-residents and stated that Haitian mothers
who give birth in her city did not have a special
registration process nor were they issued a special document
of birth. Haitians who give birth must go to the Haitian
consulates to acquire a birth certificate.
--------------
GODR Efforts to Improve Documentation
--------------
7. (U) The JCE highlighted to PolOff in previous meetings its
efforts to improve birth registration and documentation, one
of which was to create the Registry of Foreigners in March
2007. In fact, Embassy officers actively encouraged the
establishment of this Registry, since American children whose
parents were "in transit" in this country were also denied
birth documentation in its absence. Through the Registry,
these Amcit children now obtain a birth document that can
subsequently be presented here when their parents apply for a
Consular Report of Birth Abroad.
8. (U) While registration of persons of Haitian descent
remains controversial, the JCE appears to be making strides
in registering Dominican children. The JCE opened a mobile
civil registration unit in the town of Salcedo, Hermanas
Mirabal Province. A JCE judge told PolOff that the JCE plans
to deploy five of these mobile units within three years with
the goal of registering as many as 18,000 undocumented
children. The JCE also inaugurated a newer, more modern
facility in Santo Domingo for the Second Circumscription of
the local Civil Registry. The opening of the facility, which
JCE officials expect to handle over 2,100 applicants a day,
is timely as officials also reported that political parties
are bringing 600-700 individuals a day to register for a
cedula.
9. (U) JCE officials highlight the modernization of the civil
registry systems stating that to date over seventy-six
percent of birth certificates are scanned and available
online. The JCE has also developed an online system for
Dominicans living abroad to request birth documentation and
to register to vote for upcoming elections. The new Second
Circumscription facility has equipment that can issue a
cedula within hours.
10. (U) Government officials, including a JCE judge,
participated in August 2007 in the first Latin American
Regional Conference on Birth Registration and Right to
Identity, an event organized by UNICEF, OAS and Plan
International. The judge told PolOff that attending the
conference was "productive and gave him ideas on how to
approach the problem of documentation."
--------------
Other Areas of Concern
--------------
11. (SBU) Although the JCE claims that most birth
certificates are now available online, the JCE,s current
computer systems are inadequate in several areas. Presently,
only four out of 152 civil registry locations have conditions
ready for new computerized systems. Many civil registries do
not have adequate building facilities, much less the adequate
communication systems necessary for a centralized linked
computer records system. The current system also does not
include features such as single registry per citizen, no data
alterations, track changes, transaction traceability and
integrated biometric information. Lastly, the system since
its initial deployment in 2005 has not incorporated recent
requirements such as the Registry of Foreigners. The JCE has
contracted a technological consortium to build such a system;
however, a commercial dispute has delayed its full
implementation.
12. (SBU) The Registry of Foreigners and the mobile civil
registry units do not address the issues of other
undocumented persons. Many are undocumented adults who are
second or third generation descendants of Haitian migrant
workers, whose parents and grandparents themselves did not
have documents. A JCE judge told PolOff that these
undocumented persons are not Dominicans. He argued that they
are not functionally stateless, as the Haitian constitution
provides for a jus sanguini claim to Haitian nationality.
(Note: Their claim to Haitian nationality is tenuous as most
were born and raised or lived in the Dominican Republic most,
if not all of their lives, most are undocumented, and many
speak Spanish rather than Creole. End Note.)
13. (SBU) Harrington stated they also have information of
cedulas being issued irregularly, wherein officials from
political parties "facilitate" the issuance of the cedulas
with expiration dates in June 2008. (Note: Per Embassy
contacts, cedulas are normally issued for a validity of four
years. The DR will hold presidential elections on May 16.
End Note). Harrington suggested political party officials
are facilitating the issuance of cedulas to enable
individuals to vote for the officials, affiliated political
party.
--------------
Engagement
--------------
14. (SBU) Harrington stated they have not engaged the GODR
government on the issue of documentation. She urged the USG
to advocate on behalf of the affected population. The
Justice Initiative has briefed the Bureau of Population,
Migration and Refugees (PRM) of its efforts in the Dominican
Republic and has met with Embassy staff on several occasions.
EcoPol Counselor stated that 2007 Human Rights Report has a
new requirement adding a section highlighting the issue of
statelessness, and that we would value any information OSJI
could give that would allow us to better understand this
issue. ConGen requested specific information regarding
allegations of revocation of birth certificates or cedulas
and irregular issuances of cedulas for follow-up with the
JCE.
--------------
Comment
--------------
15. (SBU) The lack of documentation is an ongoing issue in
the country. The JCE estimates as many as six hundred
thousand Dominicans do not have birth certificatesand as
many as two hundred thousand do not have cedula. A number
of these individuals are ostesibly Dominicans of Haitian
descent, many of who insist on Dominican nationality as
opposed to bing registered as a foreigner. While the
governmnt deserves credit for implementing the Registry o
Foreigners, much more needs to be done to effecively address
the issue of documenting individuas who are presently
functionally stateless. EndComment.
FANNIN
SIPDIS
SIPDIS
STATE FOR WHA/CAR
E.O. 12958: N/A
TAGS: PHUM PGOV SMIG CASC HA DR
SUBJECT: OPEN SOCIETY JUSTICE INITIATIVE CONDEMNS DR BIRTH
REGISTRATION SYSTEM
REF: A. 07 SANTO DOMINGO 479
B. 07 SANTO DOMINGO 2495
1. (SBU) Summary: EmbOffs met with representatives of the
Soros affiliated Open Society Justice Initiative to discuss
the Dominican Republic,s birth registration policy,
especially how it adversely affects Dominicans of Haitian
descent. The Justice Initiative highlighted deficiencies
with the country,s current birth registration system, and
discussed other related issues with documentation. These
issues remain a continuing concern for the Embassy as the
GODR has not shown sufficient will to acknowledge and address
the issue. End summary.
--------------
Background
--------------
2. (SBU) The Open Society Justice Initiative (OSJI) is an
operational program of the Open Society Institute, an NGO
founded and chaired by George Soros. The Justice Initiative
states that it pursues law reform activities grounded in the
protection of human rights, and contributes to the
development of legal capacity for open societies worldwide.
3. (SBU) The Dominican constitution grants citizenship to all
children born on Dominican soil, except for the children of
diplomats and the children of persons who are "in transit."
In 2004 the Dominican Congress modified provisions of its
immigration law to exclude from eligibility for Dominican
citizenship the children of non-resident mothers (Ref A).
The non-resident category includes tourists, travelers in
transit to other countries, temporary workers, persons who
entered the country legally but overstayed their visas, and
undocumented migrants. The Dominican Supreme Court upheld
the law,s constitutionality in 2005.
-------------- --------------
Justice Initiative Condemns Current Birth Registration
-------------- --------------
4. (SBU) On January 28 EmbOffs met with OSJI representatives
Julia Harrington, Indira Goris and Liliana Gamboa.
Harrington, a Senior Legal Officer with the Justice
Initiative, stated that the Dominican Republic has
implemented legislative and bureaucratic measures that have
rendered a number of Dominicans of Haitian descent
effectively or functionally stateless. The 2004 immigration
law created the Registry of Foreigners or "Pink Book" ("libro
de extranjeria" or "libro rosado"),which allows children
born in the Dominican Republic of non-resident mothers to be
registered in the special Registry of Foreigners. The
Registry does not confer citizenship. The parent must take
the special birth certificate to the parent,s corresponding
Embassy or Consulate to request citizenship for the child
(Ref A). Harrington highlighted that although the law allows
for documenting children of non-resident mothers in the
Registry of Foreigners, the law also deprives Dominicans of
Haitian descent of what she considers a lawful constitutional
right to a Dominican nationality.
5. (SBU) In addition, the Justice Initiative claims to have
documented cases of the Central Elections Board (JCE) putting
on administrative or investigative review requests for copies
of birth certificates or national ID and voting cards
(cedulas) of individuals who look Haitian or whose parents
are of Haitian descent. Both Harrington and a previous UN
report state that the JCE has issued Circular 17, relating to
suspicious documents, which gave instructions allowing
working level officials to question or confiscate documents
belonging to those of Haitian descent (Ref B). Sonia Pierre,
Director of the Movement of Dominican-Haitian Women (MUDHA),
has reported similar incidents. (Note: To date, the Embassy
has not been provided with a copy of Circular 17 from any
source. End Note.)
6. (SBU) Harrington also stated that the implementation of
the Registry of Foreigners has been less than adequate citing
that, to date, there are only thirty-seven known cases of
children born to non-resident mothers registered in the
Registry, of which seventeen are children born to Haitian
mothers. (Note: The JCE told EmbOffs that full
implementation of the Registry began in December 2007 and
corroborated the number registered to date. End Note.) In a
previous meeting with PolOff in December 2007, the mayor of
Dajabon, a town along the border with a significant Haitian
population, seemed genuinely unaware of the Registry of
Foreigners for non-residents and stated that Haitian mothers
who give birth in her city did not have a special
registration process nor were they issued a special document
of birth. Haitians who give birth must go to the Haitian
consulates to acquire a birth certificate.
--------------
GODR Efforts to Improve Documentation
--------------
7. (U) The JCE highlighted to PolOff in previous meetings its
efforts to improve birth registration and documentation, one
of which was to create the Registry of Foreigners in March
2007. In fact, Embassy officers actively encouraged the
establishment of this Registry, since American children whose
parents were "in transit" in this country were also denied
birth documentation in its absence. Through the Registry,
these Amcit children now obtain a birth document that can
subsequently be presented here when their parents apply for a
Consular Report of Birth Abroad.
8. (U) While registration of persons of Haitian descent
remains controversial, the JCE appears to be making strides
in registering Dominican children. The JCE opened a mobile
civil registration unit in the town of Salcedo, Hermanas
Mirabal Province. A JCE judge told PolOff that the JCE plans
to deploy five of these mobile units within three years with
the goal of registering as many as 18,000 undocumented
children. The JCE also inaugurated a newer, more modern
facility in Santo Domingo for the Second Circumscription of
the local Civil Registry. The opening of the facility, which
JCE officials expect to handle over 2,100 applicants a day,
is timely as officials also reported that political parties
are bringing 600-700 individuals a day to register for a
cedula.
9. (U) JCE officials highlight the modernization of the civil
registry systems stating that to date over seventy-six
percent of birth certificates are scanned and available
online. The JCE has also developed an online system for
Dominicans living abroad to request birth documentation and
to register to vote for upcoming elections. The new Second
Circumscription facility has equipment that can issue a
cedula within hours.
10. (U) Government officials, including a JCE judge,
participated in August 2007 in the first Latin American
Regional Conference on Birth Registration and Right to
Identity, an event organized by UNICEF, OAS and Plan
International. The judge told PolOff that attending the
conference was "productive and gave him ideas on how to
approach the problem of documentation."
--------------
Other Areas of Concern
--------------
11. (SBU) Although the JCE claims that most birth
certificates are now available online, the JCE,s current
computer systems are inadequate in several areas. Presently,
only four out of 152 civil registry locations have conditions
ready for new computerized systems. Many civil registries do
not have adequate building facilities, much less the adequate
communication systems necessary for a centralized linked
computer records system. The current system also does not
include features such as single registry per citizen, no data
alterations, track changes, transaction traceability and
integrated biometric information. Lastly, the system since
its initial deployment in 2005 has not incorporated recent
requirements such as the Registry of Foreigners. The JCE has
contracted a technological consortium to build such a system;
however, a commercial dispute has delayed its full
implementation.
12. (SBU) The Registry of Foreigners and the mobile civil
registry units do not address the issues of other
undocumented persons. Many are undocumented adults who are
second or third generation descendants of Haitian migrant
workers, whose parents and grandparents themselves did not
have documents. A JCE judge told PolOff that these
undocumented persons are not Dominicans. He argued that they
are not functionally stateless, as the Haitian constitution
provides for a jus sanguini claim to Haitian nationality.
(Note: Their claim to Haitian nationality is tenuous as most
were born and raised or lived in the Dominican Republic most,
if not all of their lives, most are undocumented, and many
speak Spanish rather than Creole. End Note.)
13. (SBU) Harrington stated they also have information of
cedulas being issued irregularly, wherein officials from
political parties "facilitate" the issuance of the cedulas
with expiration dates in June 2008. (Note: Per Embassy
contacts, cedulas are normally issued for a validity of four
years. The DR will hold presidential elections on May 16.
End Note). Harrington suggested political party officials
are facilitating the issuance of cedulas to enable
individuals to vote for the officials, affiliated political
party.
--------------
Engagement
--------------
14. (SBU) Harrington stated they have not engaged the GODR
government on the issue of documentation. She urged the USG
to advocate on behalf of the affected population. The
Justice Initiative has briefed the Bureau of Population,
Migration and Refugees (PRM) of its efforts in the Dominican
Republic and has met with Embassy staff on several occasions.
EcoPol Counselor stated that 2007 Human Rights Report has a
new requirement adding a section highlighting the issue of
statelessness, and that we would value any information OSJI
could give that would allow us to better understand this
issue. ConGen requested specific information regarding
allegations of revocation of birth certificates or cedulas
and irregular issuances of cedulas for follow-up with the
JCE.
--------------
Comment
--------------
15. (SBU) The lack of documentation is an ongoing issue in
the country. The JCE estimates as many as six hundred
thousand Dominicans do not have birth certificatesand as
many as two hundred thousand do not have cedula. A number
of these individuals are ostesibly Dominicans of Haitian
descent, many of who insist on Dominican nationality as
opposed to bing registered as a foreigner. While the
governmnt deserves credit for implementing the Registry o
Foreigners, much more needs to be done to effecively address
the issue of documenting individuas who are presently
functionally stateless. EndComment.
FANNIN