BRANDEIS JOURNAL OF POLITICS
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    • Letter From the Editors
    • Debt As A Tool Of Inequity
    • A Comparison of Unemployment Insurance In Western Europe & The United States
    • Charter Schools: One Path To The American Dream
    • Re-examining Private Education And Social Inequality In Chile
    • Bargaining Against Americans: How Public Sector Unions Undermine Accountability And Hurt Citizens
    • Could the European Union’s Agricultural Policy Serve as a Framework For US Agricultural Policy
    • Reducing Emissions in Developing Nations
    • No-Excuse Absentee Voting: A Fair Equalizer
    • Abortion Rights: Safeguarding Women’s Liberty
    • Diplomatic Immunity: Outdated, Unethical, And In Need of Reform
  • Archive
    • Letters From the Editor >
      • Fall 2018
      • Spring 2019
    • Sub-Saharan Africa Section >
      • Burgeoning Cities and Suffering Publics: The Lagosian Infrastructure Trade-Off
      • An Explosive Climate: Spiraling Security Politics in the Lake Chad Basin
      • Africa's Digital Advance
      • The Language of Crisis
      • The African Gold Rush
      • Adowa Dance: Black Feminist Practice
      • The Panda’s Approach to Pandemonium: Managing Corruption in Nigeria
      • Student Movements in South Africa: Decolonization, Language, and Racial Justice
      • Foreign Investment in Africa: A Legacy of Unequal Relationships
      • The Politics of Inclusion
      • Uganda: The Politics of Persecution
      • The Politics of Destabilization: Interpreting Al Shabaab’s “Terrorist Attack” in Kenya
      • Senegal's Arduous Path Forward
      • Political Relations with Major Powers
      • A Half-Hearted Commitment to the Central African Republic
      • A Conflict-Free Congo: Can Corporations Revise Their Use of Conflict Minerals?
      • Rituals or Rights? The Politics of Female Genital Modification in Somalia
      • Mali: Tensions Between Islam, Ethnic Differences and the State
      • Manufactured Hunger in Sub-Saharan Africa
      • Two Nigerias in Conflict: The Emergence of Boko Haram and its Implications for Nigerian Stability
      • US-Africa Summit: A Turning Point in Relations
      • A Change in Leadership at a Critical Period
      • The African Union and the International Criminal Court: Selective Justice?
      • Is the Fairytale Over For South Africa?
      • Interpreting US AFRICOM Toward a Future of Military Engagement on the African Continent
      • From Decentralization to Secession: Tuareg Rebels and the Quest for Balance in Mali
      • The Dragon's Gold: Chinese Investment in Africa
      • Deconstructing Boko Haram: Institutional Reform on the Path to Peace
      • Oil Money: Ghana’s Economic Considerations in the Global Oil Surplus
      • Protests in Ethiopia
      • Africa's Infrastructure: Leapfrogging the Traditional
    • Americas Section >
      • Three Kinds of Representation: The Case of Argentinian Women in Congress
      • American Military Presence in Okinawa: An Obsolete Endeavor
      • Abolish ICE: A History of the Agency and The New Movement for its Elimination
      • I Don’t Want to Talk About Vietnam”: U.S. Counterinsurgency between Saigon and Baghdad
      • Refugees in Canada: A Closer Look at the Safe Third Country Agreement
      • Sovereignty Under Attack?: The Costa Rican Case
      • Who, When, and How? Social Democracy Awaits in Cuba
      • Ni Una Menos: Twitter's Role in Fighting Femicide in Argentina
      • American Saber-Rattling Not Enough to Destroy Trade Relations with Canada
      • The Beaver and the Dragon: Canada's Strategic Embrace of China
      • Room For Improvement: Macri’s Economic Reforms, Argentine Political History, and the Argentinian Poor’s Protests
      • The More, The Merrier: Democracy, Corruption, and Impunity in Honduras
      • The Problem of Bouterse
      • The Socio-Economic Risk Factors that Culminated in the Zika Virus Outbreak
      • Trump’s Unfettered Populism and What It Could Mean for U.S. Foreign Relations
      • Cyber Attacks and Political Hacks: Implications of the 2014 Sony Pictures Entertainment Hack
      • The Past, Present, and Future of the American Immigration System
      • The Path to a Global Internet
      • Threat from the East: China's Pivot to Latin America
      • State of Anarchy: The International Void Created by Maras in El Salvador, Guatemala, and Honduras
      • Redefining Cuban Relations: A Closer Look at the End of the Cuban Embargo
      • The Dilemma of Mutual Understanding
      • The End of an Era: The Normalization of U.S.-Cuban Relations
      • Leader by Default: Why the Sun Has Yet to Set on American Global Leadership
      • Colombia and the FARC: Peace at Last?
      • Brazil’s Elections: The Long-Term Implications of a Tight Presidential Race
      • The Enduring Popularity of Rafael Correa and the New Left
      • The Secret Ingredient: Why Drones are Vital to U.S. Hegemony
      • Effects of Snowden’s NSA Leaks on U.S. Foreign Relations
      • The Failure of The United States’ Arab Spring Strategy
      • Apocalypse Postponed: The Enduring Importance of Maintaining the Arms Control Regime
      • Judicial Review or Institutionalized Racism?
      • Negotiating with North Korea: Try and Try Again
      • Celebrating Fifty Years of Diplomatic Gridlock: U.S.-Cuba Relations in 2012
      • Regional Integration and Private Sector Growth in Cuba
      • The Prospects of Slavery Reparations in the Caribbean
      • Protests Reflect Infrastructural Inadequacies in Brazil
      • History in the Making or a Recipe for Disaster? El Salvador’s Gang Truce Examined
      • Debating Iran: Can the United States Make a Deal with the Devil?
      • Priority for 21st Century Defense: A Sustainable U.S. Military Strategy
      • The Rise of Drones in American Foreign Policy
      • From a Dirt Road to a Green Cup: Brazil 2014
      • Leftward Shifts and Power Shifts: Latin America’s Pink Tide
    • Asia-Pacfic Section >
      • No Country for the Rohingya: An Explanation of the Rohingya Refugee Crisis
      • The Future of American Trade Fear in East Asia
      • Entering The Chinese Room: China's Quest to Lead a New World Order
      • A Second Red Wedding: The Complications of Sino-Russian Relations
      • The Break Up: China and North Korea’s Toxic Relationship
      • Instability in the Middle Kingdom: The Shaky Foundations of China's Rise
      • The New Red Scare: An Examination of Cross-Strait Skepticism
      • A Realistic Move: China's New Silk Road
      • The Cost of Voting: How Xi Jinping Simultaneously Increased Democracy and Authoritarianism
      • Fishing For Trouble: The Economic Costs of Conflict in the South China Sea
      • The Danger of the Thucydides Trap: Xi Jinping's Visit to the United States
      • David vs. Goliath: The Philippines-China Arbitration Case
      • Xi's Return to Maoism
      • A Cause for Optimism?: China’s Energy Policy Post-COP21
      • The Show Goes On: Vietnam's Balancing Act
      • Redefining The State: Nationalism and the Push for Constitutional Revision in Japan
      • China’s Resources Policy: Expanding Influence
      • China’s Maritime Strategy: The Pursuit of Regional Dominance
      • China’s Geo-economics: Politics of Inequality
      • China’s Transition of Power: Domestic Struggles for Political Dominance
      • Confrontations Between Tibetan Protestors and the CCP Police Continue
      • 2011 Fukushima Daiichi Nuclear Disaster and Aftermath
      • Why Would China Want a Democratized Hong Kong?
      • East Asian Regional Integration
      • Stronger Together: A Case for ASEAN Military Integration
      • Capitalism Fights to Survive in China’s Special Administrative Regions
      • China’s Increased Involvement in Afghanistan Divergent from U.S. Wants
      • The Future of the Tibetan Problem
      • The Geopolitical Implications of the Indo-Japanese Abe-Modi Summit
      • Australia Experiences Heightened Degree of Geopolitical Influence U.S. and China Eye Each Other’s Moves in the Asia Pacific
      • Xi Jinping’s AntiCorruption Campaign: Stalinist Purge, or Second Chance for the Chinese Communist Party?
      • South China Sea Territorial Disputes ‘Rock The Boat’ of Regional Security
    • Europe Section >
      • Nominal Interests: A Breakthrough in the Ongoing Name Dispute Between the Former Yugoslav Republic of Macedonia and Greece
      • The Reinvention of the National Front
      • Democracy in Transition: Hungary's Descent into Authoritarianism
      • (Un)Orthodox Nationalism
      • Something is Rotting in the State of Denmark: Ethnic Nationalism Takes Root in Scandinavia
      • Blood, Oil, and Tears: Azerbaijan's Tradeoff Between Corruption and Growth
      • The Bear Awakens: Russia's Strategy to Sow Chaos in the West
      • Russia’s Return to Religion Signals Changes in Politics and Society, but Not Secularization
      • Spain: The Forgotten Frontier
      • Bye Bye Britain: Euroscepticism Threatens EU Solidarity in June Referendum
      • Europe's Migrant Dumping Ground: Serbia's Refugee Crisis
      • Regional Reconciliation: Evaluating Whether Cuba Will Join the OAS and the Subsequent Implications
      • Has Europe Got Milk?
      • Lifting the Iran Curtain: The Future of Economic Relations Between the EU and Tehran
      • Europe’s Take on the Rising Cost of Healthcare
      • Contrasting Eurozone Economies: The Good, the Bad, and the Corrupt
      • Europe's Take on Income Inequality
      • Russia’s Role in the Nagorno-Karabakh Conflict: Sustainer of Peace or Tension?
      • The Failure of Austerity
      • The Rise of Kazakhstan: A Solution for the EU’s Russian Energy Dependence?
      • Scotland After the Independence Referendum
      • Closing the European Security Gap
      • Europe Trading Up: The Strategic Importance of the TTIP
      • The UK to Tighten Immigration Restrictions
      • Old Powers, New Glory: U.K. and France’s Changing Roles in the New European Commission
      • Greece’s Political Pressure Cooker: the Rise of Radicalism
      • Caps Off: Analyzing the EU's Influence on Swiss Immigration Policy
      • Bulgaria and Romania’s Entry into the Schengen Treaty to be Further Postponed
      • Catalan Secession and Subsidiarity
      • The View from Independence Square
      • US-Russian Antagonism Reignited Over Human Rights Policy
      • The Dynamics of the Russia-China Relationship
      • European Action to Limit Aviation Greenhouse Gas Emission
    • Middle East and North Africa Section >
      • Confessionalism, the Rise of Hizbullah, and the May 2018 Elections in Lebanon
      • The Dilemma of Rebuilding the Cultural Heritage of Aleppo
      • Stars and Stripes in the Middle East: American Involvement in the Yemen Civil War
      • Unlikely Bedfellows: Israeli-Saudi Security Ties and the Middle East's Worst Kept Secret
      • The Constructed People: Kurdistan's Challenge to Iraqi Nation-Building
      • Globalism, Nationalism, and the Armenian Diaspora
      • The Turkish Coup Attempt: Was it an Erdogan Hoax?
      • Counterterrorism and Monarchical Power in Morocco
      • State and Familial Prostitution in Egypt
      • Post-Revolution Tunisia: The Challenges of Regional Inequality to the Political Transition
      • Examining Jordan's Influence in the Israeli-Palestinian Peace Process
      • Democracy in Tunisia
      • A Cold Peace: The Future of Egyptian-Israeli Relations
      • Can He Do It? Examining the Significance of Hassan Rouhani Regarding Iranian Relations
      • The Iranian Interim Deal: Perspectives and Implications
      • Transcending the Sunni-Shia Divide; An Overview of Al Qaeda-Iranian Relations
      • Turkey: The Middle East’s “It” Country, or Has It Outgrown Its Fifteen Minutes of Fame?
      • Religious Minorities in the MENA: The Baha'is and Druze in Israel
      • The Invisible Hand Behind the Arab Spring
      • Egypt as a Litmus Test
      • Instability in Yemen: A Rebel Takeover
      • Hitting Home: Understanding the Appeal of the Islamic State in the West
      • Lessons From Afghanistan
      • The Role of the US in Mediating the Israeli- Palestinian Conflict
      • The Everlasting Struggle: The Genius of Erdogan’s Political Rhetoric
      • Libya: Before and After the Fall of Muammar Gaddafi
      • Recent NGO Crisis Exposes Divisions in Egyptian Politics
      • The Revolution Will Be Live Streamed: The Role of the Internet in the Arab Spring: The Role of the Internet in the Arab Spring
      • Lebanon to join the Arab Spring?
      • The Persian Gulf and U.S. Strategy: Past and Future
      • Disintigrating Under Pressure: Saudi-U.S. Relations and the Syrian Conflict
      • Assessing the Effectiveness of Micro-finance Institutions in Jordan and Beyond
      • Prosecution, Politics, and Peace: Palestine’s Admittance to the International Criminal Court
    • Central and South Asia Section >
      • GST: India's Largest Economic Reform Since 1992
      • Investing in Kazakhstan: A Model of Chinese Power Acquisition
      • The Rise of Intolerance in India
      • The Past Guiding the Present: How Mongolia’s Soviet Past is Shaping its Development in the 21st Century
      • Will India Choose Israeli Technology or Iranian Oil?
      • The 2014 Indian Elections: The Rise of the BJP
      • Examining Modi's Defense Policy
      • The Indo-U.S. Relationship: Through the Lens of Republic Day
      • Hegemon Games: The Indo-Pak Question
      • Growing Forces: Foreign Investment in Central Asia
      • The Rupee Stumbles – What’s India’s Next Step?
      • The Enemy Behind the Gates: Pakistan's Teetering Talks
      • Indian Foreign Policy: In Search of a Direction
      • The Collapse of the India-Pakistan Talks
      • The Global Race to Myanmar
      • Trade: Is This the Way Ahead for Resolving Outstanding Disputes Between India and Pakistan?
    • Theme Section >
      • Economic Effects of Brexit: Should The UK Leave?
      • Will Demographics Drive China’s Debt Towards Disaster?
      • Using Realpolitik to Understand American Involvement in NATO
      • Security, Money, and Culture: The Role of the WTO in the Resilience of the U.S.-Japan Alliance
      • The Effects of China’s Belt and Road Initiative: Influence, Trade, and Resources
      • The Responsibility to Protect: A Well-Meaning yet Inadequate Solution to the Battle Between Sovereignty and Humanitarian Intervention
      • Disconnecting Dissent: The Dilemma of Privatized Public Speech and Free Information Online
      • Who Owns the Internet?: Control and Mastery of the New Public Sphere
      • Online Community Building: The Emotional, Social, and Political Challenges of Adapting to a New Way of Being Together
      • “The Great Firewall” as an Inefficient Barrier
      • Borderline Open: The Barriers of Schengen
      • The World’s Most Dangerous Border: Refugees in the Mediterranean Are Fighting for Their Lives
      • Overcoming the Physical Barriers of Natural Disasters: Despair and Hope in post-Hurricane Dominica
      • From Past to Present: The Porous Nature of the DRC’s Borders
      • India's Struggle for Gender Equality
      • A False Sense of Protection: Failure of the UN to Address Allegations of Sexual Assault Against Peacekeepers
      • Scapegoats of Politics: How the Malaysian Transgender Community Fell Victim to the Politicization of Islam
      • Adversity and Perseverance: The Story of Bangladesh's Garment Worker
      • "Bye, Honey!": Brazilian Women Fight for Their Rights After Dilma Rousseff's Impeachment
      • Mexico's Unstable Democracy: Self-Defense Groups, Cartels, and the Struggle Over the Rule of Law
      • Obama to Trump: Immigration Policy Rhetoric and Resistance
      • Translating Democratic Theory into Constitutional Design: A Conversation with Professor Jefferey A. Lenowitz
      • The Reign In Spain: Analyzing the Catalan Threat to European Democratic Order
      • Reaching for the Sky: The New Age of Connection in Sri Lanka
      • The Battle for Ukraine
      • North Korea’s Strategy of Escalating Threats and Its Problems
      • Accusations of Pinkwashing in the Israeli-Palestinian Conflict
      • Economies in Transformation, A Continent in Transition
      • The Dynastic Dictatorship Continued: The Internal Dynamics of North Korea and What to Expect From the New Leader
      • Russia's Gas Diplomacy
      • The "Oldest Profession" Organizes: A Conversation with Professor Gowri Vijayakumar
      • An Amazonian Legacy of Military Rule
      • Soldiers of Destiny, Deferred: Marriage Equality and Reproductive Rights in Irish Politics
      • A Tale of Two Courts: Why Chinese Capitalism Does Not Come With the Rule of Law
      • A Failure to Rise to the Occasion: Syria and the Future of “Responsibility to Protect”
      • South Sudan: Democracy Or Despair
      • Protests and Repression in a Digital Age
      • Wiping the Slate Clean: Modi's Water Conundrum
      • Increasing Oil Production: A Sound Approach to Achieving U.S. Energy Independence?
      • Water's Influence on Middle Eastern Policy: A Conversation with Dr. Mahmoud Abu-Allaban
      • A New Era for the Nile: The Effects of the Grand Ethiopian Renaissance Dam
      • Getting Past the Green Monster: An Analysis of Germany's Energy Transition
      • Theme Section Graphics
      • The African Union and a New Scramble: A Continent in Transition
      • Regional Perspectives
      • Pervasive Issues in China's Continued Urbanization
      • Art, Power, Politics, and Protest in Saudi Arabia
      • Should Europe Brace Itself for Brexit
      • Energy Analysis
      • Composition & Organs
      • African Union Timeline
      • The Rohingya Refugee Crisis
      • Interview with Dr. Sung-Yoon Lee, Kim Koo-Korea Foundation Professor in Korean Studies
      • A Historical and Political Understanding of Aid: The Implications and Conditions of Aid Packages
      • Park Geun-hye’s “New Kind of Korea” Prospects for Re-envisioned Inter-Korean Relations
      • Interview with Professor Nyangoni
      • Interview With Professor Padraig Carmody of Trinity College of Dublin, Author of The New Scramble for Africa
      • Timeline of U.S. Refugee Resettlement
      • A closer look into North Korea
      • How Does North Korea Stack Up?
      • According to the Expert: Interview With Professor Eva Bellin
      • Fulfilling an Ideological Destiny? An Insight into United States Policy Regarding the Syrian Conflict
      • PIS Off: Polish Women Mobilize to Reject Tightening of Abortion Restrictions
      • Brain Drain in Sub-Saharan Africa: The Downside of Migration
      • Grand Master and Pawns: Looking at the United States and Russia
      • In Putin’s Element: Why the U.S. Needs to Let Russia Take the Lead in Destroying Syria’s Chemical Weapons
      • In Syria, It’s the End of the Line
      • Greenback Boogie: The Story of Remittances from Central Asian Immigrants in Russia
      • Regional Perspectives
      • The EU as a Passive Actor
      • In Search of Home: The Impact of Syrian Refugees on the International Community
      • Vladimir Putin: The New Leader of the Free World?
      • Modi's Pakistan Strategy
      • Resistance Infographic
      • Mexico's Other Border: Human Rights Abuses of the Trans-North American Migrant Crisis
      • Most Significant Refugee Producing Countries
      • Syrian Conflict Statistics
      • The View From Moscow: Contention and Cooperation in the Middle East
      • A Discussion of the EU with Lorenzo Bini Smaghi
      • EU Timeline
      • Turkey's Membership in the EU: A Holy Venture?
      • Al-Shabaab and the Threats Posed to International Peace and Security
      • Interview with Professor Robert J. Art
      • Instability and Nationalism: Why Ecuador's Colombian Refugees Face Discrimination
      • ISIS Timeline
      • Interview with Professor Gary Jefferson
      • Contemporary Cyber-Terrorism
      • ISIS’ Rise to Prominence and Implications for the Future: A Conversation with Ambassador Dennis Ross
      • Qatar: An Uncertain Ally Against IS
      • Red to Pink: The Continued Evolution of the Chinese Internet Space
      • Russia’s Separatist Subversions: Return of the Steamroller, or Running Out of Steam?
      • Shifting Sands: Arab Tacit Support of Israel during the Recent Gaza Conflict
      • North Korea’s Other Crisis
      • China’s Korean Dilemma
      • State-Sponsored Separatism: the Specter of Russian Influence in Post-Revolution Ukraine
      • The Iraqi Crisis: The Effects of Sectarian Politics and Religious Divides
      • The Islamic State and the Rise of Western Jihadism: Interview with Professor Jytte Klausen
      • Regions Under Threat By Global Climate Change
    • Afro and African American Studies >
      • Malcolm X: A Misunderstood Legacy
    • Sociology >
      • The Implications of the Melting Pot: Examining the Political Socialization Process for Children of Immigrants
      • The Modern WelfareWarfare Nexus
    • Economics >
      • The Demise of Middle-Class America: Corporate-Performance Focused Development, Automation, and the Middle-Class Squeeze
      • Equity and Efficiency: Reconsidering the “Big Tradeoff”
      • Low Cost Carriers and the Future of Air Travel in Asia
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  • CONTACT
Judicial Review or Institutionalized Racism? The Denationalization of Dominicans of Haitian Descent
         by Andrea Verdeja

         The Dominican Republic has recently been at the center of a very tense international human rights controversy, following the denationalization of around 200,000 Dominican citizens of direct or remote Haitian descent. According to the Dominican Republic’s 1929 constitution, which was valid until 2010, Dominican citizenship could be acquired by two means: (1) through Jus Sanguinis, if either or both parents already held Dominican citizenship or (2) through Jus Soli, if the individual was born on Dominican soil; except, those born to parents “in transit.” This clause was originally stipulated to account for children of foreign diplomats that were born in the country, but were living there only temporarily or transitionally.

         In 2007, the Dominican government passed Resolution 12-07, which granted state officials the authority to deny access to or indefinitely withhold any legal documents of individuals whose parents could not prove they had regular legal status in the Dominican Republic at the time of their birth.(i) Within this context, all illegal immigrants residing in the Dominican Republic were considered to be “in transit,” and therefore their children, albeit being born on Dominican soil, did not have a right to citizenship according to the 1929 Constitution.  

         In practical terms, this meant that anyone who was currently a Dominican citizen but whose parents, grandparents or great-grandparents (essentially any ancestor dating back to 1929) could not prove regular legal status would have their national identification documents confiscated and their nationality revoked, as citizenship was “mistakenly” and unlawfully awarded to them in the past. In order to regain a legal status in the country, former-Dominican citizens would have to register as foreigners and re-apply for Dominican naturalization in their countries of origin. Similarly, recently born children of undocumented parents were denied their birth certificates under the same rationale through Resolution 12-07. This changed in 2010, when a Constitutional reform specifically clarified that children of illegal immigrants were not entitled to automatic Dominican citizenship through Jus Solis, effectively abolishing birthright citizenship(ii) as many countries around the world have done recently. In September 2013, after six years of appeals claiming that the denationalization of Dominican citizens through Resolution 12-07 violated the country’s constitution, the highest Dominican judicial court, the Constitutional Tribunal, concluded through Ruling 168-13 that the resolution was constitutionally valid and converted the decree into a law.

         The complex and delicate implications of this ruling acquire a very distinct light when taking into account the socio-political, economic and demographic reality of the Dominican Republic and its historical relations to Haiti, with whom it shares the island of Hispaniola. As the poorest country in the Western hemisphere, Haiti’s harsh economic reality and tumultuous political strife have forced thousands of Haitians to cross the border in search of employment opportunities and an overall better quality of life. This caused the Dominican Republic, with a total population of 10 million people, to have nearly one million Haitian immigrants currently living within its borders, many of them illegally. Inevitably, this situation represents a severe problem for the Dominican Republic, where already over 40% of its own population lives under the extreme poverty line and has no access to basic public services.(iii) After Haiti’s devastating 2010 earthquake, the mass illegal influx of Haitian immigrants was only aggravated. For many Dominicans, this reality has stirred deep fears and concerns, pointing out that the country cannot even look after its own population, let alone take care of Haitian immigrants whose presence further exacerbates the problem by draining the country of its already scarce services and resources. The 168-13 ruling, therefore, is not merely a judicial review: it is specifically meant to target Haitian immigrants and the several subsequent generations that have by now been born and raised in the Dominican Republic.

         Beyond the economic disparity between both countries and the language, and the resulting mass illegal immigration of Haitians that has sparked a backlash of fearful and defensive nationalist Dominican sentiments, a long history of prevalent Dominican-Haitian ethnic tensions further complicates the scenario. The two countries’ conflict-filled past ranges all the way from military occupation, state-sponsored genocide, and wide-spread human trafficking to institutionalized racial discrimination.

         Following their independence from France in 1804, Haiti militarily invaded the Dominican Republic (at the moment still a Spanish colony) and occupied it for a period of 22 years. Dominicans claimed their independence from Haiti in 1844 through an armed insurgency, and ever since relations between both countries have been very unstable. Existing racial and cultural differences have developed through time as a source of great discord between both national groups. While Dominicans are predominantly mulatos (mixture of white colonials and black slaves), Haitians are by contrast overwhelmingly black, as there was no mixture between slaves and colonials – consequently making both national groups easily and racially distinguishable from the other. In addition to race, both groups are further divided through language and religious differences, Dominicans being Spanish-speaking and Catholic while Haitians speak French and Creole and practice voodoo.

         Over time, Dominican national and cultural identity evolved to be heavily based on rejecting anything and everything that was related to Haiti, whose symbolic and demographic blackness was equated with backwardness, poverty and historically with military invasion and oppression. During the Trujillo dictatorship era of 1930-1961 in the Dominican Republic, an enormous emphasis was put on becoming a “civilized” and modern country. This meant re-writing Dominican history text-books and reshaping a national collective imagery that would reject Dominicans’ half-black ancestry and instead solely highlight their partially white European heritage. This anti-black Dominican national identity was ultimately embodied in an aggravated form of anti-Haitianism, its most infamous example being Trujillo’s orchestration of 1937 Parsley Massacre (also known as El Corte) of 10,000-25,000 Haitians living in the Dominican border in order to “whiten” and purify the Dominican race.(iv) Facing potential economic and political sanctions from the Organization of American States (OAS) as a consequence of his atrocities, Trujillo further took advantage of the situation by welcoming a great number of white European refugees before and during WWII in order to waive the sanctions and regain international sympathy. Ultimately contributing to his “race whitening” project, large groups of Jewish and Spanish refugees who were respectively feeing from Hitler’s and Franco’s regimes immigrated into the country.

         Despite widespread hatred for negritude and in particularly anti-Haitianism being embedded within Dominican national identity, an undeniable reality is that Haitian immigrants have helped sustain the Dominican economy for decades by supplying an abundant source of cheap labor. Primarily working in the sugar cane and banana plantations or in the booming construction industry, Haitian immigrants often work under exploitive and/or inhumane conditions and are in some cases even deported without pay through lucrative human trafficking rings. This has been for a long time at the heart of a large wave of attacks and denouncements made against the Dominican Republic by numerous international organizations and human rights advocates as well as by international media.

         It is within this broader context of Dominican/Haitian tensions that the recent TC 168-ruling has effectively left thousands of Dominican citizens of Haitian decent without permission to work, continue their studies, or access any kind of public service including healthcare. Being rendered inexistent within the legal system, the affected population does not have any documentation to stay in the country, nor leave it to go back to Haiti. Moreover, because it is being applied on a retroactive basis as far back as four or five generations, many of the affected Dominicans have no cultural, political, familiar, religious or linguistic ties to their original Haitian roots, having been born and raised as Dominicans their entire lives. This makers the proposed naturalization plan of requiring them to register as foreigners, go back to Haiti without even speaking the language, and re-apply for naturalization quite problematic.

         Immediately following the ruling, the Dominican Republic has been met with wide-spread indignation and condemnation from the international community, plunging the country into an international human rights scandal that has resulted in ruptured diplomatic ties and severed geopolitical relations. The ruling has been publicly condemned by the OAS, the EU, the US government, as well as by many UN agencies including the United Nations High Commissioner of Human Rights, who believe the ruling violates fundamental human rights.(v) In addition, following an initiative spearheaded by the Prime Ministers of Jamaica, Trinidad and Tobago and St. Vincent and the Grenadines, the 15-member Caribbean Community (CARICOM) voted to block the Dominican Republic’s bid for membership to its regional economic grouping, deeming the ruling xenophobic.(vi) The sentence has been further denounced by numerous NGOs and human rights advocates across the world as an act of civil genocide, ethnic cleansing, newly instated apartheid and racist bigotry, further calling for the international boycott of the Dominican tourism industry and its expulsion from international organizations.

         Though the Dominican public is deeply divided on the issue, there has been a strong nationalist defense of the ruling. Many feel that the plethora of international accusations against the Dominican Republic are unfounded and unjust, and show a complete ignorance of the reality in place. Advocates of the ruling state claim that contrary to international accusations, the sentence has nothing to do with issues of race, but that it rather a matter of national sovereignty. That is, they consider the ruling as part of the country’s legitimate right as a constitutional democracy to finally address the grave immigration problem that has haunted it for decades, and regularize the legal status of all its residents. Moreover, many also point out that the DR has amicably always supported its Haitian neighbor, ofering wide support during its tragic 2010 earthquake and providing services to all Haitian immigrants it hosts within its borders. In response to strong international demands to revoke the ruling, many Dominicans vehemently state that their government cannot be expected to revoke a legitimate sentence of its highest judicial court, as that would violate Dominican Republic’s rule of law and institutional integrity as a democratic country. They highlight the country’s lawful right to handle its own internal affairs and redefine the terms of their nationality as they see fit, without succumbing to international pressures that try to violate its national sovereignty by wanting to overthrow its highest judicial institution. Countering arguments point out that indeed, the DR has the right to redefine its nationality, as it has already done through the 2010 constitutional reform that abolished birthright citizenship, but that it does not have, however, the right to apply the measure retroactively back to 1929.

         The Inter-American Court of Human Rights agrees with this previous premise in its recent recommendations. Following its official investigation in the Dominican Republic, it concluded in December 2013 that the country should 1) guarantee citizenship to those who already possessed it between 1929 and 2010 and had it revoked; 2) not force affected individuals to register as foreigners in order to recover their citizenship; 3) guarantee that any measures devised to recover citizenship be simple, clear, nondiscriminatory and automatic; 4) make these measures economically accessible.(vii)

         In response, the Dominican government has pledged to soon present a legal pathway that will outline how those born to undocumented immigrants on Dominican soil who have undeniable roots and ties to the country can lawfully regain their citizenship. Perhaps this proposal will embody a compromise both sides of the argument can agree on: on the one hand, to allow the Dominican Republic to assert its legitimate sovereignty in deciding the terms of its own nationality and maintain the rule of law and the institutional legitimacy and integrity of its highest judicial court, the Constitutional Tribunal, by respecting (and not revoking) the its 168-13 ruling, while on the other hand, simultaneously still respecting the human and civil rights of all its residents by allowing those who lost their citizenship to lawfully recover it in a permanent and decisive way.

i. Movimiento por un Registro Civil Libro de Discriminacion. “Al menos 1,584 dominicanos/as desnacionalizados.”
ii. Anderson, Jon. “Defning Citizenship in the Dominican Republic | World Policy Institute.” World Policy Journal.
iii. “Dominican Republic Data.” The World Bank.
iv. Davis, Nick. “Te massacre that marked Haiti-Dominican Republic ties.” BBC News.
v. “Jamaica Observer.” Sleeping US Giant Awakens on Dominican Republic.
vi. Charles, Jaqueline. “Caribbean leaders defend Haiti, denounce Dominican decision.” Institute for Justice and Democracy in Haiti.
vii. “Preliminary Observations from the IACHR’s Visit to the Dominican Republic.” Organization of American States.


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      • Overcoming the Physical Barriers of Natural Disasters: Despair and Hope in post-Hurricane Dominica
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      • India's Struggle for Gender Equality
      • A False Sense of Protection: Failure of the UN to Address Allegations of Sexual Assault Against Peacekeepers
      • Scapegoats of Politics: How the Malaysian Transgender Community Fell Victim to the Politicization of Islam
      • Adversity and Perseverance: The Story of Bangladesh's Garment Worker
      • "Bye, Honey!": Brazilian Women Fight for Their Rights After Dilma Rousseff's Impeachment
      • Mexico's Unstable Democracy: Self-Defense Groups, Cartels, and the Struggle Over the Rule of Law
      • Obama to Trump: Immigration Policy Rhetoric and Resistance
      • Translating Democratic Theory into Constitutional Design: A Conversation with Professor Jefferey A. Lenowitz
      • The Reign In Spain: Analyzing the Catalan Threat to European Democratic Order
      • Reaching for the Sky: The New Age of Connection in Sri Lanka
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      • Accusations of Pinkwashing in the Israeli-Palestinian Conflict
      • Economies in Transformation, A Continent in Transition
      • The Dynastic Dictatorship Continued: The Internal Dynamics of North Korea and What to Expect From the New Leader
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      • The "Oldest Profession" Organizes: A Conversation with Professor Gowri Vijayakumar
      • An Amazonian Legacy of Military Rule
      • Soldiers of Destiny, Deferred: Marriage Equality and Reproductive Rights in Irish Politics
      • A Tale of Two Courts: Why Chinese Capitalism Does Not Come With the Rule of Law
      • A Failure to Rise to the Occasion: Syria and the Future of “Responsibility to Protect”
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      • Protests and Repression in a Digital Age
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      • Getting Past the Green Monster: An Analysis of Germany's Energy Transition
      • Theme Section Graphics
      • The African Union and a New Scramble: A Continent in Transition
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      • Art, Power, Politics, and Protest in Saudi Arabia
      • Should Europe Brace Itself for Brexit
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      • Composition & Organs
      • African Union Timeline
      • The Rohingya Refugee Crisis
      • Interview with Dr. Sung-Yoon Lee, Kim Koo-Korea Foundation Professor in Korean Studies
      • A Historical and Political Understanding of Aid: The Implications and Conditions of Aid Packages
      • Park Geun-hye’s “New Kind of Korea” Prospects for Re-envisioned Inter-Korean Relations
      • Interview with Professor Nyangoni
      • Interview With Professor Padraig Carmody of Trinity College of Dublin, Author of The New Scramble for Africa
      • Timeline of U.S. Refugee Resettlement
      • A closer look into North Korea
      • How Does North Korea Stack Up?
      • According to the Expert: Interview With Professor Eva Bellin
      • Fulfilling an Ideological Destiny? An Insight into United States Policy Regarding the Syrian Conflict
      • PIS Off: Polish Women Mobilize to Reject Tightening of Abortion Restrictions
      • Brain Drain in Sub-Saharan Africa: The Downside of Migration
      • Grand Master and Pawns: Looking at the United States and Russia
      • In Putin’s Element: Why the U.S. Needs to Let Russia Take the Lead in Destroying Syria’s Chemical Weapons
      • In Syria, It’s the End of the Line
      • Greenback Boogie: The Story of Remittances from Central Asian Immigrants in Russia
      • Regional Perspectives
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      • Vladimir Putin: The New Leader of the Free World?
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      • Resistance Infographic
      • Mexico's Other Border: Human Rights Abuses of the Trans-North American Migrant Crisis
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      • The View From Moscow: Contention and Cooperation in the Middle East
      • A Discussion of the EU with Lorenzo Bini Smaghi
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