Supreme Court upholds denial of nationality to descendant of Haitians

Santo Domingo. – The Supreme Court upheld the Central Electoral Board’s (JCE) Resolution 17 which instructs civil registrars to abstain from issuing and signing off on copies of birth certificate to children of illegal foreigners in the country.

In its ruling # 460, the Supreme Court refused to hear the appeal filed July 22, 2008, by Emildo Bueno Oguis, in which he claims that the JCE broke the law.

The document states that when Bueno requested a copy of his birth certificate he was referred to the Central Office of the Civil State for analysis, because the requests by people whose parents are Haitian had to be sent to this office, which he consider a violation of the law. Bueno requested the birth certificate in the Civil Registrar at Esperanza, Valverde province.

The Supreme Court ruled that the JCE acted based on provisions of the Constitution and in compliance with Law 659 on provisions and regulations, which deny the Dominican nationality to children of the foreigners legally residing in the country, in diplomatic representation.

It also denies acquiring the nationality to offspring of those in transit or Jus Solis when the mothers who have children when they live illegally in the country.