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Reporting Basics About Migration and Statelessness in the Dominican Republic from a Human Rights Perspective

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Law and Migration in a Changing World

Part of the book series: Ius Comparatum - Global Studies in Comparative Law ((GSCL,volume 31))

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Abstract

This report responds to concerns about migration, statelessness, and refugee status in the Dominican Republic (DR) from a human rights perspective, taking into account both law and practice. According to the first official survey completed in 2012, the majority of migrants in DR are from Haiti. Descendants of Haitian migrants in DR continue to be denied Dominican nationality. This has given rise to the most widespread statelessness in the Americas. Haitian migrants and their Dominican-born descendants face structural and racial discrimination and are collectively deported through forms of racial profiling without due process of law. Despite international condemnations, the discriminatory and nationalist domestic law, policies, and practices continue to violate international standards but are explained as resulting from sovereignty concerns. The refugee system is inefficient and needs to be completely reformed.

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Notes

  1. 1.

    Verité, Fair Labor Worldwide (2016), pp. 23, 84,107–119; Minority Rights (2003); IACHR, OAS (1999), Chapter IX, para 340.

  2. 2.

    IACHR OAS (2015), pp. 11–12, 15, paras 4–5, 8.

  3. 3.

    IACHR OAS (2017). Chapter IV.B, p. 581, 598-601, paras 16, 90–101.

  4. 4.

    See IACHR OAS (2013a, b, c) Press release; IACHR OAS Report about the Visit (2015); Centro Bonó (2013a), pp. 9–10; Acento.com.do (2012a); Hoy.com.do (2013); IACHR OAS (2013c) Press Release 042/2013; Acento.com.do (2013a, b); International Amnesty (2013a).

  5. 5.

    See Pelletier (2015). IIDH, 205-2015.

  6. 6.

    Migration Law (5, 6.), Migration Decree (4, 5, 6).

  7. 7.

    See Sect. 7.1 (Asylum).

  8. 8.

    In DR, marriage and consensual unions enjoy the same legal status. However, according to Article 55 of the 2010 Constitution, marriage and consensual unions are between man and woman (persons of opposite sex), and the legal practice adopts this position. There is no jurisprudence or legislation concerning same-sex marriage or same-sex consensual unions, nor about gender identity.

  9. 9.

    See Inter-American Court of Human Rights. Girls Yean and Bosico vs. Dominican Republic (2005); Expelled Dominicans and Haitians vs. Dominican Republic (2014).

  10. 10.

    Inter-American Court of Human Rights. Girls Yean and Bosico vs. Dominican Republic, para 156.

  11. 11.

    DR Supreme Court of Justice (2005). Judgment No. 9.

  12. 12.

    For first time, in 2014, DR adopted an International Private Law (Conflict of Laws) No. 544-14. Different from the migratory norms, Articles 5 and 6 of this new law adopted a broad definition of residence: the domicile is the ‘habitual residence’ of the person. The residence is determined based on facts concerning the personal or professional reasons the person intends to live and remain in the country, although the migrant does not hold a legal residence nor is he or she registered with the official registries.

  13. 13.

    DR Requirements for Permanent Residence. Migration Agency. Ministry of Migration and Police.

  14. 14.

    DR Ministry of Interior and Police. Requirements for naturalisation by reasons of permanent residence.

  15. 15.

    Centro Bonó (2011a).

  16. 16.

    DR Constitutional Court. (2015). Judgment No. 29-2015.

  17. 17.

    Most asylum seekers in DR are from Haiti, but also from Russia, Ukraine, Nigeria, Cuba, Venezuela, Iran, Iraq, Central America, Syria. US Department of State (2017); see also Migration Agency: Ministry of Interior and Police (2016); IOM-Instituto Nacional de Migraciòn. (2017), pp. 134–135.

  18. 18.

    See US Department of State. (2016).

  19. 19.

    DR Migration Agency (2016).

  20. 20.

    Ibid.; see United Nations Human Rights Committee (2017), paras 23-24.

  21. 21.

    DR National Office of Statistics (2013); Listin.com.do (2013); DiarioLibre.com.do (2013).

  22. 22.

    DR Decree No. 327-13 concerning the Regularisation Plan for Migrants; DR Ministry of the Interior and Police (2013); see Acento.com.do (2014a).

  23. 23.

    Hoy.com.do (2014a) and Elnacional.com.do (2014).

  24. 24.

    DR National Office of Statistics (2012).

  25. 25.

    Other immigrants are mainly from the United States, Puerto Rico, Canada, China, South America (Venezuela and Colombia) and Europe (mainly from Spain, Germany, Italy, and France.). Ministry of the Interior and Police. Statistics (2017).

  26. 26.

    DR Ministry of the Interior and Police. Access to Public Information Department. Information requested by the author (2017).

  27. 27.

    IOM-Instituto Nacional de Migración (2017), Acento.com.do (2017a), Centro Montalvo (2017) and Elnuevodiario.com.do (2017).

  28. 28.

    US Department of State (2017).

  29. 29.

    DR Ministry of Foreign Affairs (2017).

  30. 30.

    Ibid.

  31. 31.

    US Department of State (2017).

  32. 32.

    DR Ministry of Foreign Affairs (2017), p. 2.

  33. 33.

    CEDAW(2013). Dominican Republic Periodic Review; see also CEDAW Report concerning Dominican Republic (2013a), para 26, 6.

  34. 34.

    7dias.com.do (2013); see Video TV programme by the well-known journalist, Nuria Piera (2013).

  35. 35.

    DR National Office of Statistics (2012).

  36. 36.

    Centro Bonó (Jesuit Network with Migrants in Dominican Republic) (2017); OBMICA (2016), 87-88; see Centro Bonó (2013a, b).

  37. 37.

    For more information concerning legal norms in the Dominican Republic on due process for migration and obstacles in practice, see Pelletier. Amicus Curiae presented to the Inter-American Court of Human Rights (Pelletier 2013b).

  38. 38.

    Pelletier (2015).

  39. 39.

    Inter-American Court of Human Rights (2012); also read Pelletier University of Quebec (2013a), pp. 385–404.

  40. 40.

    Inter-American Court of Human Rights (2014).

  41. 41.

    OBMICA (2015), pp. 148–152; US Department of State (2016); Eldia.com.do (2012); Hoy.com.do (2012).

  42. 42.

    Idem. OBMICA; Centro Bonó (2013b).

  43. 43.

    See United Nations Human Rights Committee (2017); Centro Bonó (Jesuit Network with Migrants in Dominican Republic) (2017), Chapter II, 12-23; Inter-American Court of Human Rights (2012).

  44. 44.

    By 2012, only 37% of Haitians had a passport. DR National Office of Statistics (2012).

  45. 45.

    DR Migration Agency. Access to Public Information Office. Information requested by the author (December 2017); see OBMICA (2015), 91–92.

  46. 46.

    OBMICA (2014), DR, 87–88.

  47. 47.

    Idem., 69–71.

  48. 48.

    Official statistics from Migration Agency. OBMICA (2012), 30–31.

  49. 49.

    IACHR. Chapter IV.B. Annual Report 2016, paras 115, 116, 118, p. 603; see also US Department of State (2015), p. 11.

  50. 50.

    Robert F. Kennedy Human Rights Center (2015) and Listindiario.com.do (2015).

  51. 51.

    International Amnesty (2016); see OBMICA (2015), p. 147.

  52. 52.

    El Dia.com.do (2017).

  53. 53.

    Piera (2017) and Miami Herald.com (2017).

  54. 54.

    DR Consejo Nacional para la Niñez y Adolescencia (CONANI) (2015), 3-4; CONANI (2016); CONANI (2017).

  55. 55.

    Save the Children, DR (2015).

  56. 56.

    Although Article 18.2 of the 2010 Constitution recognises the Dominican nationality of those who ‘had’ Dominican nationality prior to the 2010 Constitution, the Dominican state, in practice, applies Article 18.3 wrongfully; it is applied retroactively so that those born in DR to a mother or to parents in irregular migratory status before the 2010 Constitution are deemed ‘foreign’.

  57. 57.

    See also Articles 4 and 5 of Law 136-03 (the Children and Youth Code) concerning the right to nationality and civil registry of the child.

  58. 58.

    2010 Constitution (Articles 25.2 and 55.8), Migration Law (Article 28), Migration Decree (Article 36). In addition, Article 36 (b) of Migration Decree and Law No. 659 of 1944 establish that if a child is not born in the hospital, the certification of the birth must be issued by the local prosecutor or by the town mayor. This official document can be presented to the local civil registry office as proof that the child was born in DR.

  59. 59.

    Article 37 of Migration Decree states that the obligation of the health centres to notify migration authorities about the migratory status of mothers or parents, and migration authorities would proceed ‘according to law’. Besides, Articles 40 and 42 of Migration Decree dispose criminal consequences in the event that health centres fail to inform the authorities of the birth of a child to a mother or parents in irregular migratory status, or in case of fraud (for example, if the hospital were to issue a ‘white’ birth certificate to a mother in irregular migratory status instead of the corresponding ‘pink’ birth certificate). Articles 40 and 42 are unconstitutional since a Decree from the Executive Branch does not have the legal competence to prescribe criminal dispositions; in DR, only a law adopted by the National Congress has the legal competence to adopt criminal laws.

  60. 60.

    Migration Law (Article 28), Migration Decree (Article 36).

  61. 61.

    See Inter-American Court of Human Rights (2005).

  62. 62.

    Law 136-03 (Children and Youth Code (Articles 63-64).

  63. 63.

    Petrozziello et al. (2014).

  64. 64.

    See Table 1 (Number of Persons Registered in the Foreign Book by Age) DR Central Electoral Board (Junta Central Electoral). Access to Public Information Department. Information requested by the author. (February 2017).

  65. 65.

    These time frames are the result of national administrative and constitutional norms: the Central Electoral Board (Resolution No. 2-2007 of 18 April 2007) set the first date; and the second date is from the Constitution (26 January 2010), the date of its adoption by the National Congress. OBMICA (2017), p. 5.

  66. 66.

    Petrozziello et al. (2014), pp. 88–95.

  67. 67.

    Dominican Republic Executive Branch (DIGEPEP) (2015); United Nations. Social and Economic Committee. UNICEF Executive Board. Program for the Country (2017), paras 4, 15.

  68. 68.

    According to the National Office of Statistics, in 2013, 3.9% of DR’s population did not have a birth certificate; see Centro Bonó (2012), pp. 2, 12.

  69. 69.

    Ibid., 3–4.

  70. 70.

    See this classification of statelessness profiles in DR after Law 169-14 in Human Rights Watch (2015).

  71. 71.

    The civil registry registers the birth certificate in a book that is identified by a number and the year of birth. Civil registry offices are located in all provinces across the country. The local civil registry, where the birth registration takes place, shall issue a duplicate of the birth certificate each time it is requested; for example, a duplicate of the birth certificate is required to obtain the Dominican ID card when the person reaches 16 years of age, or the legal age (18 years); the duplicate of the birth certificate is also required to register at schools, at the university, to apply for a passport, or get married, etc.

  72. 72.

    In Spanish, the Central Electoral Board is ‘Junta Central Electoral’ (JCE). Only the Senate of the National Congress is competent to dismiss and impeach members of the Central Electoral Board. By law, the Central Electoral Board is also responsible for the coordination of the political elections in the country.

  73. 73.

    The administrative measures (Memo 17 of 2007 and Resolution 12 of 2007) issued by the Central Electoral Board (Junta Central Electoral) established that those with ‘irregularities’ in the birth certificates would be investigated. These administrative measures indicate neither a deadline for the investigations nor a procedure. The effect of these administrative measures applied in practice by this entity of the state on persons of Haitian origin registered with the civil registry was widespread, however, different from the measures applicable to those of a different national origin, those whose mother or parents were in irregular migratory status at the time of their children’s birth registry. The measure retroactively affected the Dominican nationality of all those registered with the civil registry, most of Haitian origin.

  74. 74.

    See Georgetown Law Human Rights Institute (2014), Georgetown Law School.

  75. 75.

    Inter-American Court of Human Rights (2015), paras 136–192, 57–69.

  76. 76.

    DR Supreme Court of Justice. Judgment No. 9, 14 December 2005.

  77. 77.

    CERD (2013b), paras 19–20, 5–6; CEDAW (2013), paras 30–31, 7.

  78. 78.

    However, the Haitian Constitution of 1987 modified the Constitution of 1983, and Article 15 of the Constitution of 1987 prohibited dual citizenship. Besides, Article 6 of Haitian Decree Law of 6 November 1984 stated that the acquisition of another citizenship would automatically amount to the loss of Haitian citizenship; therefore, when Juliana Deguis was born in March 1984 and acquired Dominican nationality at birth, the Dominican state issued her a birth certificate, which meant she could not be Haitian.

  79. 79.

    DominicanosxDerecho Platform Movement (2013); DR Constitutional Court (2013). Judgment No. 168-13, 23 September 2013.

  80. 80.

    IACHR OAS (2013d). Press release; International Amnesty (2013b); UNHCR concerned by potential impact of Dominican court decision on persons of Haitian descent (2013b); UNHCR urges DR to restore nationality (2013a); UNHCR (2013); La Nouvelliste (2013).

  81. 81.

    See IACHR. OAS (2013b) Press Release; IACHR OAS. Preliminary Report on IACHR’s Visit to the Dominican Republic (2013) Press Release; IACHR OAS (2015).

  82. 82.

    DR Law 169-14, May 2014.

  83. 83.

    DR Decree No. 250-14, July 2014 from Executive Branch. Special Naturalization Process.

  84. 84.

    See Inter-American Court of Human Rights (2014).

  85. 85.

    DR Constitutional Court (2014). Judgment No. 256-14, November 2014.

  86. 86.

    Amicus Curiae brief presented by COLADIC-RD to the Constitutional Court analysing why the Inter-American Court of Human Rights has jurisdiction in the Dominican Republic (2014); Jorge Prats (2014); Hoy.com.do (2014b).

  87. 87.

    See Civolani (2013), pp. 69–86.

  88. 88.

    Pelletier (2014).

  89. 89.

    Centro Bonó (2011b).

  90. 90.

    Dominican Republic Central Electoral Board (Junta Central Electoral) (2015).

  91. 91.

    For more information, visit their web page www.reconoci.do and social networks; watch documentary “Down to the Root”/”Hasta La Raìz” (2017).

  92. 92.

    IACHR, OAS (2013b). Press release; IACHR, OA (2013a). Information based on Preliminary Observations on IACHR’s Visit to the Dominican Republic (2013).

  93. 93.

    Petition presented to the IACHR, OAS (2008); IACHR, OAS (2014); IACHR, OAS (2013e).

  94. 94.

    DR Constitutional Court Judgment No. 168-13.

  95. 95.

    DR Central Electoral Board (Junta Central Electoral). Access to Public Information Department. Information requested by the author (February 2017).

  96. 96.

    See Human Rights Watch (2015).

  97. 97.

    DR Central Electoral Board (Junta Central Electoral). Access to Public Information Department. Information requested by the author concerning the legal source of the ‘Transcripts Book’ (February 2017).

  98. 98.

    Listindiario.com.do (2017).

  99. 99.

    Acento.com.do (2017b).

  100. 100.

    DR Central Electoral Board (Junta Central Electoral) (2017).

  101. 101.

    DR Decree No. 250-14. Special Naturalization process.

  102. 102.

    Acento.com.do (2014b).

  103. 103.

    Acento.com.do (2014b).

  104. 104.

    Cdn.com.do (2015).

  105. 105.

    ElNacional.dom.do (2013).

  106. 106.

    DR National Office of Statistics (2012).

  107. 107.

    ListinDiario.com (2015).

  108. 108.

    UNHCR (2013, 2015); please note that the data concerning statelessness in the Dominican Republic for 2016 is not indicated in UNHCR Global Trends (2016), however, the footnote indicates that UNHCR is working with the government on this issue.

  109. 109.

    DR Junta Central Electoral (Central Electoral Board) (2015).

  110. 110.

    Please note that this data could be questioned, given that the authorities do not differentiate between Haitian migrants and their Dominican-born descendants without documentation (statelessness issues). Eldia.com.do (2017) and Listindiario.com (2017).

  111. 111.

    DR National Office of Statistics (2016), 15.

  112. 112.

    DR Migration Agency Ministry of Interior and Police (2016), p. 49; DiariodominicaNo.com (2015).

  113. 113.

    DiarioLibre.com.do (2016, 2017), ListínDiario.com.do (2013) and Acento.com.do (2013a, b).

  114. 114.

    Acento.com.do (2012b, c).

  115. 115.

    DR Constitutional Court (2013). Judgment No. 123-13 of July 2013; Jorge Prats (2013); Hoy.com.do (2013); Pelletier (2013c). Acento.com.do.

  116. 116.

    See Table 2 (Number of Undocumented and Unregistered Children in the Civil Registry in Public Schools 2011-2012) DR Ministry of Education. Access to Public Information Department. Information requested by the author. (February 2013). Updated information was requested by the author in December 2017 from the Ministry of Education through Access to Public Information Department, no answer was provided.

References

United Nations

Regional Human Rights System (OAS)

Reports Concerning the Dominican Republic

Media Press

Doctrine

Dominican Republic

    A. National Laws

    • Acts of Civil Registry Law No. 659-44 from 1944 and modifications

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    • Constitution of 2002

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    • Constitution of 2010

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    • Decree Law No. 631-11 issued on 2011 in application of Migration Law

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    • Decree No. 2330 of 1984, also from the Executive Branch

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    • Decree No. 327-13 for Regularization Plan of Migrants

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    • Human Smuggling and Trafficking Law No. 137-03 from 2003

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    • National Commission of Refugees (CONARE Decree) No. 1569 of 1983, and Application

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    • Naturalization Law No. 1683 from 1948

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    B. National Cases

    C. Responses of State Institutions to Author Requests from Access to Public Information Offices

    • Dominican Republic. Migration Agency. Access to Public Information Office. Information requested by the author (December 2017)

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    D. State Official Data Available Online

    Haitian Law

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    Editors and Affiliations

    Annex: Profile of Stateless, Migrant, and Refugee Population in the Dominican Republic (Tabular Overview of the Problem of Statelessness in the Dominican Republic Summarising the Report Published in This Volume)

    Annex: Profile of Stateless, Migrant, and Refugee Population in the Dominican Republic (Tabular Overview of the Problem of Statelessness in the Dominican Republic Summarising the Report Published in This Volume)

    Profile

    Definition

    ID

    National Sources

    Statistics

    1. Group A (Risk of Statelessness)

    Born in DR, registered with the Dominican civil registry and holding a Dominican birth certificate. Registered since 2014 in “Transcripts Book”. (1st. Generation)

    I. Dominican birth certificate, Dominican ID, Dominican passport

    II. Birth certificate of “Transcripts Book”

    – Constitutions modified since 1929 until 2010

    – Civil Registry Law 659 of 1944

    – Central Electoral Board. Memo 17-07 and Resolution 12-07

    – Constitutional Court Ruling 168-13 of 2013

    – Law 169-14

    Approximately 55,000 (Ref: Official data from Central Electoral Board until 2015).

    By 2017: 27,472 in ‘Transcripts Book’. 22,463 (81.67%) of Haitian origin (Ref: Central Electoral Board. Access to Public Information, February 2017)

    2.Group A.2 (Risk of statelessness)

    Born in DR, descendants of Group A not registered with the civil registry (2nd generation)

    Not registered (no documents)

    – Constitutions modified since 1929 until 2010

    – Civil Registry Law 659 of 1944

    – Central Electoral Board. Memo 17-07 and Resolution 12-07

    – Constitutional Court Ruling 168-13 of 2013

    – Law 169-14

    There is no official data.

    3. Group B-Naturalisation Plan (Statelessness)

    Born in DR, never registered with the Dominican civil registry. Under Special Naturalisation Process (August 2014-01.02.2015). By December 2017, they had not received Dominican nationality through naturalisation. (1st generation)

    Carnet of the Naturalisation Plan (By 2018, did not have Dominican ID)

    – Law 169-14 and Decree Law 250-14

    – Central Electoral Board. Resolution 02-07 (Foreign Book)

    8755 (Ref: Access to Public Information. Ministry of Interior and Police)

    4.Group B2 (Statelessness)

    Born in DR, never registered in the Dominican civil registry, subsequent generations (the majority of stateless population in DR) are also not registered. Currently, the most vulnerable group, there is no legal solution for them. (1st, 2nd and 3rd generations)

    Not registered (No documents)

    – Constitutional Court Ruling 168-13 of 2013

    – Law 169-14 and Decree Law 250-14

    Official statistics are not clear

    *According to the national survey of 2012, almost

    210,000 of Haitian origin were born in DR (1st generation)

    210,000–55,000 (registered with the Dominican civil registry) -8755 (from Group B) = 146,245 could be unregistered (*the number of mixed families was not disaggregated in this 2012 official statistics)

    4. Foreign Book (Statelessness)

    Born in DR, registered in a book where nationality is not identified. (1st generation born after 18.04.2017, late birth registrations or administrative denationalisation)

    Birth certificate of the Foreign Book

    – Migration Law No. 285-04

    – Resolution No. 02-2007 from Central Electoral Board

    – Constitutional Court Ruling 168-13 of 2013

    74,917, mostly between 0-15 years old; 97.82% (73,286) are of Haitian origin (Ref: Access to Public Information. Central Electoral Board, February 2017)

    5. Mixed Families (Risk of Statelessness)

    If one of the parents is Dominican, the person has Dominican nationality by jus sanguinis, but for different reasons (material, undocumented status of the mother… .) the child was not registered with the civil registry, subsequent generations face difficulties for registration (1st, 2nd or 3rd generation)

    Not registered (no documents)

    – Constitution. Dominican nationality by jus sanguinis.

    Official statistics are not clear

    *This group was not addressed in the official survey of 2012

    6. Migrants

    Target population for the Regularisation Plan. Includes mother and parents of the stateless population

    Carnet of the Regularisation Plan

    – Migration Law No. 185-04

    – Migration Decree No. 631-11

    – Constitutional Court Ruling 168-13 of 2013.

    – Regularisation Plan Decree No. 327-13

    524,632 immigrants by 2012, 83.7% from Haiti and 12.7% from other countries (United States, Spain, Puerto Rico, Italy, China, France, Venezuela, Cuba, Colombia, Germany) (Ref: survey 2012, National Office of Statistics)

    288,466 applied to Regularisation Plan (55% of all immigrants), 98% of the applicants were from Haiti and almost 250,000 qualified. Approximately 3.41% received residence status, and 96.59% received ‘stay’ permit (Ref: Access to Public Information. Ministry of the Interior and Police, September 2017)

    7. Refugees and Asylum Seekers

    7.1 Under UNHCR mandate

    7.2 Under state recognition

    Certificate from UNHCR

    Temporary Residence (1 year), non-voting ID, and travel documents (albeit never received from the state).

    – Constitution 2010

    – Migration Law 285-04

    – Migration Decree No. 631-11

    – National Commission of Refugees (CONARE Decree) No. 1569 of 1983, and application Decree No. 2330 of 1984

    – CONARE administrative resolutions

    7.1 By 2016, 600 recognised under the UNHCR mandate. (Ref: US Department Human Rights Inform 2016, DR)

    7.2 By 2016, 12 recognised by state [Colombia (1), Syria (3), Iraq (1), Haiti (7)] (Ref: Migration Agency, Management Inform 2016)

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    Pelletier, P. (2022). Reporting Basics About Migration and Statelessness in the Dominican Republic from a Human Rights Perspective. In: Foblets, MC., Carlier, JY. (eds) Law and Migration in a Changing World. Ius Comparatum - Global Studies in Comparative Law, vol 31. Springer, Cham. https://doi.org/10.1007/978-3-319-99508-3_7

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