Dominican Government Formalizes Agreement According to its International Obligations

On March 19, 2002, in accordance with its international obligations, the government of the Dominican Republic signed an agreement with the Inter-American Commission on Human Rights and human rights organizations representing 7 Dominico-Haitians and Haitians and their families unjustly expelled by Dominican authorities.

The agreement formalized a Supervisory Committee mandated by the Inter-American Court to coordinate and supervise the implementation of provisional measures ordered in favor of 28 Haitians and Dominicans of Haitian origin improperly expelled from the Dominican Republic as well as two witnesses who have been the object of intimidation and attacks since they provided testimony to the Court on August 8, 2000.

Various members of these Dominico-Haitian and Haitian families were arbitrarily expelled to Haiti by Dominican authorities without notice, due process or the opportunities to collect their belongings or to notify their families. Many of these individuals are entitled to Dominican citizenship according to Dominican law, and were legally residing in the country.

Until recently, the Dominican Republic had made little progress in implementing the provisional measures ordered by the Court since August 31, 2000. The Inter-American Court’s provisional measures decision requires the Dominican Republic to:

• Adopt the necessary measures to protect the life and physical integrity of the petitioners and witnesses
• Prevent the deportation or expulsion of the three petitioners currently in the DR
• Provide written notice to the Dominican authorities that these petitioners benefit from provisional protective measures against their deportation or expulsion
• Provide the petitioners with official papers providing safe passage in the DR
• Allow the immediate return of clients to the DR
• Facilitate family reunification for clients separated from their families across the Dominican-Haitian border and collaborate with a client to find the whereabouts of family members
• Continue with investigations initiated by the Dominican government regarding the case
• Adopt the necessary measures to protect the life and physical integrity of the witnesses
• Submit detailed information about the situation of residents of the bateyes in the border regions who could be subject to forced repatriation, deportation or expulsion, and to
• Create, in cooperation with the Commission, an appropriate mechanism to coordinate and supervise the above-mentioned measures.

In accordance with the Court’s order, this past February, the Dominican government agreed to provide official documentation to the 28 petitioners and to meet with the Commission and the petitioners to discuss the creation of the special mechanism. The Supervisory Committee is a product of these discussions and accordingly, the Committee has set an agenda based on the measures ordered by the Court. As an initial step, on March 18 and 20, 2002, the Dominican government provided documents of “safe passage” to the petitioners in Santo Domingo and on the border, where most of the petitioners have resided since their expulsion. The “safe passage” documents permit their holders to re-enter the Dominican Republic, work and travel freely within its borders.

The Dominican Republic, which ratified the American Convention on Human Rights in 1978, recognized the jurisdiction of the Court in 1999 is legally bound by the Court’s decisions. The creation of a Supervisory Committee is a mechanism that has been used in other cases in countries such as Colombia, Mexico, Honduras and Guatemala. These committees serve as vehicles for collaboration between governments, the Inter-American Commission, and victims of human rights abuses.

Following the signature of this agreement, several news articles have incorrectly suggested that the Supervisory Committee will have the power to affect domestic Dominican legislation, when in fact the Committee’s powers are limited to supervising the implementation of the Inter-American Court’s provisional measures covering the 28 individuals named in this case. Nonetheless, it is important to note that upon its ratification of the American Convention and other international instruments the Dominican government agreed to ensure that its domestic legislation is consistent with international human rights standards. Other press articles have accused Inter-American Court witnesses of disloyalty to the Dominican Republic, which have resulted in threats and physical attacks on them. More recent articles have incorrectly stated that those witnesses are the ones who brought the case before the Inter-American Court.

The Supervisory Committee is made up of members of the Inter-American Commission for Human Rights; the Dominican government, including Dominican Ambassador to the Organization of American States, representatives of the Armed Forces, the Immigration service and Human Rights representatives of the Foreign Ministry; and the petitioners who represent the plaintiffs, including the regional organization Centro por la Justicia y el Derecho Internacional (CEJIL), the international organization National Coalition for Haitian Rights, and the Human Rights Law Clinics of the University of California at Berkeley and Columbia University. In addition, the Dominican and Haitian organizations Movimiento de Mujeres Dominico-Haitianas (MUDHA), Groupe d’Appui aux Refugiés et Rapatriés (GARR), the Red de Encuentro Dominico-Haitiano Jacques Viau (REDH) and the Plataforma Vida have been designated observer members of the Committee.

For additional information and original text of agreement, contact:

Roxanna Altholz
Centro por la Justicia y el Derecho International
(202) 319-3000
altholzr@hrw.org 

Merrie Archer
National Coalition for Haitian Rights
(954) 462 8231
jmccalla@nchr.org 

Arturo Carrillo
Columbia University School of Law Human Rights Clinic
(212) 854-5709
acarri@law.columbia.edu 

Laurel Fletcher
University of California at Berkeley School of Law, Human Rights Clinic
(510) 643-4800
lef@law.berkeley.edu