The Process of Recognition

The human rights of Haitian migrants to the Dominican Republic can no longer be overlooked, writes Lizzette Robleto

A favourite destination of British tourists, the Dominican Republic (DR) is known for its sandy beaches and clear blue waters. Yet behind this idyllic façade lie the murkier waters of the DR’s treatment of migrants from Haiti, its poor neighbour. While Dominican-Haitians and Haitian migrants to the DR make a significant contribution to the economies of both the DR and Haiti, they remain largely unrecognised by both states. As general elections in the DR approach this May, the situation of these two groups remains an unresolved challenge.

Stateless

In 2005, a key ruling by the Inter-American Court of Human Rights (IACHR) found that the DR had been wrong to deny nationality to two girls of Haitian descent. The ruling required the Dominican government to pay a modest sum in compensation and to simplify the procedures and requirements for Dominican-born Haitians to acquire Dominican nationality. However, in November 2007 the IACHR reported that so far the DR has only complied with the compensation element of the judgment. Meanwhile, the real problem – the stateless situation of many Dominican-Haitians whose fathers or mothers are Haitians or who were born in the Dominican Republic to Haitian parents – remains unchanged.

Exploited

Haitian migrants have their own story to tell. As a result of their undocumented status many are exposed to exploitation, gross human rights violations and human trafficking. In practical terms, this means that a large percentage of the Haitian migrants living in the DR lack the appropriate access to protections enshrined in Dominican law: calling the police would be out of the question if you’re worried about being deported. According to the US-based organisation Refugees International, ‘years of unregulated migration have created a permanent underclass of people of Haitian descent in the Caribbean, including in the Dominican Republic’. Haitians are often accused of taking jobs away from locals – yet most Dominicans admit Haitians do the work they choose not to do. Paradoxically, it is the search for better-paid employment, a better education and better quality of life, coupled with political instability in Haiti, which has encouraged Haitian migration to the Dominican Republic, other Caribbean islands and the USA. The Dominican economy, especially the sugar and construction industries, has long profited from a steady influx of cheap Haitian labour. More than 90% of the country’s seasonal sugar workers and two-thirds of its coffee workers are Haitians or Dominicans of Haitian origin. In a recent report, The Cultural Centre and Action Aid suggested that Haitian labour is indispensable in the agricultural sector representing almost 30% of the national GNP.

‘Illegal’

Indeed, the relationship between poverty and legality is often an element that is overlooked in the chain of migration. Obtaining birth certificates, passports and other official documents costs a relatively large amount of money. For the poor majority of Dominican-Haitians and Haitian migrants living on less than a dollar a day, the difficulties involved in obtaining legal documents only exacerbate their vulnerability. Stigmatising ‘illegal’ people without considering the reasons for their illegality is an easy way out and not conducive to putting an end to illegal migration. Facilitating the acquisition of legal documentation should be a first step to encourage people to be ‘legal’. Having cheaper and simpler procedures in place for naturalisation, and for visas for migrant workers, would be the second. Tackling illegal migration from its core is just the first, but very important, step in the process of reducing the human rights violations against this vulnerable group.

The aim should be to reduce discrimination and increase tolerance in the island. And this goes for both governments. Unfortunately, there is a serious lack of concern – and even less action – from both the DR and Haitian governments. The DR government, for its part, has accused NGOs of hosting an international campaign against the DR. This is not the case.

Some within the Churches are supporting the government’s line. In a recent statement, Monsignor Ramon Benito de la Rosa, head of the Dominican Episcopal Conference, accused NGOs of manipulating data in an attempt to damage the DR. Thankfully, others are speaking out in support of increased dialogue. The Episcopal Church for Haiti and DR recently called on their respective governments to agree to a clearer and better defined migration policy.

All we are asking is for serious attention to be given to this issue, to ensure that appropriate measures are taken, and adding our voice to calls on the DR to comply with its international and human rights obligations.

Lizzette Robleto is Progressio’s advocacy coordinator for Latin America and the Caribbean. Progressio currently has 16 development workers in the Dominican Republic, two of whom are placed with organisations working with Haitian migrants and Dominicans of Haitian descent.

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