VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #3282/01 2912037
ZNY CCCCC ZZH
P 182037Z OCT 06
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 6430
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHNY/AMEMBASSY OSLO PRIORITY 0017
RUEHSJ/AMEMBASSY SAN JOSE PRIORITY 1004
RUEHGV/USMISSION GENEVA PRIORITY 0337

C O N F I D E N T I A L SANTO DOMINGO 003282 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR WHA/CAR, DRL,PRM; GENEVA FOR RMA, PSA 
 
E.O. 12958: DECL: 10/09/2016 
TAGS: DR PHUM PGOV PREF SMIG ASEC UNHCR IOM HA
SUBJECT: HAITIANS IN THE DOMINICAN REPUBLIC - - THEY JUST 
WON'T GO AWAY 
 
REF: A. A) GENEVA 02561 
 
     ¶B. B) SANTO DOMINGO 02790 
     ¶C. C) SANTO DOMINGO 03250 
 
Classified By: Pol Counselor Michael A. Meigs.  Reason: 1.4 (b) and (d) 
. 
 
¶1. (U) SUMMARY:  Unfulfilled promises, nationalistic rebuffs 
and outright distortions continue to characterize the 
Dominican response to international concerns over the 
country's treatment of its largely undocumented Haitian 
minority. Despite repeated pledges, the government has failed 
to comply with the September 2005 citizenship and 
registration ruling against it by the Inter-American Court of 
Human Rights.  Discrimination, mistreatment and arbitrary 
deportations targeting individuals of Haitian ancestry are 
commonplace.  Haitians are hugely unpopular among Dominicans, 
who blame them for many social ills.  Outside appeals to the 
Dominican Government to improve its treatment of Haitians are 
growing in both frequency and seriousness; even so, Dominican 
attitudes are deeply rooted and real reform is not expected 
anytime soon.   END SUMMARY. 
 
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A year passes without action on the IACHR ruling... 
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¶2. (U) October 4 was the one-year anniversary of the 
judgement in the Inter-American Court of Human Rights (IACHR) 
against the Dominican government for refusing to provide 
birth certificates and citizenship papers to two 
Dominican-born girls of Haitian descent. The case was 
originated in 1998 with the assistance of the Berkeley 
(California) Center for Human Rights and Dominican 
non-governmental organizations. The Inter-American Human 
Rights Commission was unable to mediate a solution and passed 
it to the IACHR.  Although Dominican authorities had issued 
citizenship papers in 2003, the IACHR ordered the authorities 
to rework their system for issuing birth certificates and to 
provide an apology and monetary compensation to the 
plaintiffs. 
 
¶3. (U) Foreign Minister Carlos Morales Tronocoso pledged in 
December 2005 and again at the OAS General Assembly in Santo 
Domingo in June that the government would comply with the 
ruling. To date the administration has not done so.  Even the 
simplest of the ruling's provisions - those giving the 
country one year to issue an apology to the girls and payment 
of basic compensation - have not been carried out. 
Administration officials have not responded to press 
commentaries about the subject, including a heavily ironic 
one on September 30 by leading journalist Juan Bolivar Diaz 
(available on our SIPRNET site). 
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - 
... while reports of abuse against Haitians continue. 
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¶4. (U) All the while, abusive treatment of Haitians has 
continued.  More than 18,000 Haitians and individuals of 
Haitian descent were deported to Haiti over the first eight 
months of 2006 alone. Many deportees alleged mass roundups in 
the communities where they resided, during which they were 
not allowed to present residence documentation or collect 
their belongings.  Detainees were at times confined in very 
close quarters for up to several days pending deportation. 
They say they are denied food and water for up to 24 hours at 
a time.  Dominican-based human rights organizations say they 
have corroborated these allegations.  Government officials 
deny their accusations, sometimes going so far as to revile 
the organizations and individual members of them. 
 
¶5. (U) Even Dominican-born persons who have never set foot in 
Haiti are at risk of being deported.  The country's 
constitution grants Dominican citizenship to all persons born 
on Dominican soil - except those born to diplomats or to 
parents who are "in transit."  The Dominican government has 
long relied on the "in transit" exemption to deny birth 
certificates and citizenship registrationto children born to 
Haitian parents, defining as "in transit" those who are 
undocumented or hold only temporary employment authorization 
(the cases of the great majority of the 700,000 to 1 million 
Haitian nationals in the country). In its October 2005 
decision on a constitutional complaint lodged by the Jesuit 
Service for Migrants, the Dominican Supreme Court confirmed 
the government's application of the "in transit" exception to 
children born to individuals without residence papers, citing 
 
provisions of the Haitian constitution that confer Haitian 
citizenship to all children of Haitian nationals.  On October 
9 in a speech to open consultations on constitutional reform, 
President Fernandez advocated amending the national charter 
to make this specific. 
 
¶6. (U) Haitians are not the only individuals unserved by the 
national registration services.  As many as 20 percent of the 
population of unquestionable Dominican nationality fails to 
obtain citizenship documents (cedulas).  Many simply cannot 
afford the fees.  The National Registry typically issues no 
documents to those who fail a stringent 11-point proof of 
nationality test. Hospital birth certificates, often not 
available, are insufficient for civil use.  Lacking birth 
certificates, children are unable to apply for medical 
benefits or schooling beyond fourth grade. (For a time, the 
plaintiffs in the IACHR case had to attend night school 
classes for adults.)  When children come of age lacking such 
crucial identity documentation, they face in turn problems 
registering the births of their own children -- thus 
perpetuating a vicious cycle of poverty. 
 
¶7. (U) The government has no policy of discrimination against 
Haitians or Dominico-Haitians, but that fact counts for 
little.  During 2006, newspapers and media regularly reported 
that individuals and groups targeted Haitians for beatings, 
arrests, abuse and discrimination on the basis of their 
ethnic and national origin.  For example, in January men 
dressed in military uniforms were seen setting ablaze more 
than 30 dwellings in the Haitian community of El Fao, Guerra. 
 The act was interpreted as reprisal for the death of an Air 
Force sergeant.  The Secretary of the Armed Forces later 
disputed the allegations of military involvement, asserting 
that NGOs were seeking to tarnish his agency's reputation. 
 
- - - - - - - - - - - - - - - - - 
Outsiders begin to take notice... 
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¶8. (U) More outside organizations and governments are taking 
an interest in the plight of the Haitian community in the 
Dominican Republic.  In September a coalition of seven 
British NGOs sent an open letter to President Fernandez 
complaining about the many problems facing Haitians in the 
country.  Among other demands, the organizations called on 
Fernandez to comply with last year's IACHR ruling and to 
convene a dialogue with Haiti to discuss the formulation of 
migration policies and border controls between their 
countries. 
 
¶9. (C) In August the United Nations High Committee on 
Refugees (UNHCR) sent a representative to the Dominican 
Republic to investigate allegations that Haitian refugees 
were being systematically denied basic legal rights.  In a 
private message to post's political officer at the conclusion 
of the visit, the UNHCR representative (PROTECT) concluded, 
 
(QUOTE)  I was quite discouraged by the end of my mission, as 
a result of my meetings with government officials. The 
situation is more bleak, even, than I had thought, in that 
the human rights violations as well as due process violations 
that Haitian asylum seekers and refugees are experiencing are 
more generalized, and far more serious, than I had 
anticipated. I am currently in discussions with my Director 
to reorient UNHCR's advocacy and protection strategy in the 
Dominican Republic, and I would certainly like to be in touch 
with you further once the way forward is better defined. 
(END QUOTE) 
 
¶10. (C) Secretary-General of the International Organization 
for Migration (IOM) Brunson McKinley used his visit in 
September to stress the importance of improving migratory 
policy.  An IOM staffer subsequently commented to Embassy's 
DCM that IOM visitors were unimpressed with the response they 
received from the Dominicans. He indicated that IOM would 
encourage more dialogue on Haitian migration in the Dominican 
Republic, seeking to convince Dominicans of the important 
role that Haitians play in their country and of the need to 
guarantee their basic human rights. 
 
- - - - - - - - - - - - - - 
A Formal Dialogue in Norway 
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¶11. (U) The idea of promoting dialogue between the Dominican 
and Haitian governments as a means to improve migratory 
policy is not a new one.  It has been tried before - most 
 
recently in August of this year, when the Norwegian 
government supported a conference in Norway involving 
Dominican and Haitian civil society representatives to 
"mediate" a discussion on migratory policy.  The Dominican 
government's response to press reports was swift and pointed: 
 "The Dominican Government has not asked for, nor does it 
require the assistance of the Government of Norway in 
negotiating with the Government of Haiti concerning migratory 
problems," announced the Dominican Ministry of Foreign 
Affairs the next day. 
 
¶12. (U) UNHCR has long taken an interest in issues of 
refugees and statelessness in the Dominican Republic.  The 
organization had a permanent office in the country from 2003 
to 2005 but closed it, ostensibly due to budgetary 
constraints.  A few months ago an organization representing 
Haitian refugees in the Dominican Republic sent an open 
letter to the UNHCR requesting that the organization 
establish a permanent office in the Dominican Republic.  The 
letter complained of the problems faced by Haitian asylum 
seekers, such as the government's refusal to process their 
claims and the continued deportation even of those whose 
claims are in process. Ref A documents comments of Philippe 
Lavanchy, Director of the Bureau for the Americas at UNHCR, 
and to PRM Assistant Secretary Ellen Sauerbrey, abouthis 
organization's concern over the predicament of "stateless" 
persons in the Dominican Republic.  Lavanchy said that UNHCR 
found it very difficult to work in the country (a polite 
characterization of the Dominican government's open hostility 
to foreign inercessions on behalf of Haitians).  Lavanchy 
said he was worried that re-opening UNHCR representation 
might draw more Haitian asylum-seekers across the border. 
 
¶14. (U) Last month the World Bank announced the approval of a 
USD 3.5 million project to support a program to provide birth 
certificates and other forms of documentation to 
approximately 450,000 who lack such documents.  Luis Arias, 
president of the Central Election Board, which oversees all 
registrationsk, commented that Haitians would not be 
permitted to use the program as a means "to apply 
fraudulently" for identity documents. 
 
¶15. (SBU) A Dominican nationalist streak usually colors 
discussions of Haitian migration.  Perceptions of outside 
interference in Dominican migration policy often spark 
prickly assertions of national sovereignty.  This tendency 
contrasts with the Dominican strategy in other areas, where 
the government tends to respond to international concerns in 
a more pragmatic and cooperative fashion. 
 
¶16. (U) An example of the emphatic Dominican views on Haitian 
migration was the government's ready support of the U.S. 
position opposing creation of a permanent UN forum on 
international migration.  The UN Secretary General had hoped 
that the creation of such a forum would be one of the 
outcomes of the UN's September High-Level Dialogue on 
International Migration and Development.  During our visit to 
the MFA Under Secretary for Consular Affairs, she anticipated 
the subject and announced her government's opposition to the 
forum before the political officer had a chance to state the 
U.S. position. 
 
- - - - - - - - - - - - - - - - 
The Problem's Roots Run Deep. . . 
- - - - - - - - - - - - - - - - 
 
¶17. (U) Haitian migration is enormously unpopular among 
Dominicans at virtually all levels of society.  In a process 
familiar worldwide, resident aliens are blamed for social 
problems of violence, drugs, prostitution and economic 
instability.  Haitians are so unpopular here that the leader 
of a local NGO privately confided that his organization's 
work with destitute Haitians was permitted by local 
politicians only as long as their constituents did not learn 
of the assistance.  A common sentiment among educated 
Dominicans is that the international community is leaving the 
Dominican Republic to address the consequences of Haiti's 
instability on its own. The complement to that is the urban 
myth that developed countries intend to unite the two 
countries as the single state of "Hispaniola," thereby 
dumping all responsibility on the Dominicans. 
 
¶18. (U) Undocumented Haitians have long been a reliable 
source of cheap labor for sugar harvesting and processing 
companies.  The Dominican government has traditionally been 
unwilling to enforce basic labor standards on the sugar 
plantations where thousands of Haitians work.  This official 
 
indifference spawned the creation of virtual sugar fiefdoms 
where Haitian workers were kept in conditions that have been 
described as modern-day slavery. This dark kingdom is in 
decline; 9 of 10 sugar operations privatized by the 
government in the late 1990's are bankrupt, and the Haitian 
communities near them have no work.  The leading enterprises 
Central La Romana and the Vicini Corporation are investing in 
mechanization, aiming to reduce by two-thirds the employment 
of canecutters. 
 
¶19. (U) In recent years human rights organizations, including 
the Catholic Church, have mounted a sustained and forceful 
information campaign concerning both the Dominican Government 
and the private corporations that exploited Haitian labor. 
Their efforts have borne some fruit.  Ref B notes the 
improvements instituted recently on land owned by the Vicini 
Corporation, the second-largest private producer of sugar in 
the country. 
 
¶20. (SBU)  This progress has not come without casualties. 
Ref C notes that the two foreign Catholic priests most 
actively and publicly involved in improving conditions on the 
"bateyes" (sugarcutters' villages) have both been recalled. 
Belgian priest Father Pedro Ruquoy was recalled by his order 
last year shortly after it was discovered that he had 
declared as his own children two Dominican-born boys of 
Haitian descent, in order to secure legal residency documents 
for them. Father Christopher Hartley, well-known for his 
outspoken and at times controversial work defending Haitians 
since 1998 in San Pedro de Macoris , was recalled to New York 
at the beginning of the month.  Though Church spokesmen say 
that the recall was routine and not politically motivated, it 
appears to have been unexpected.  During a meeting with 
Embassy political officers in September Hartley spoke of 
long-range projects he was only just beginning. He has not 
responded to e-mail requests for clarification. 
 
- - - - - - - - - - - - - - - - - - - 
... but are twisted by contradictions. 
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¶21. (SBU) This domestic opposition to immigration is 
remarkably absent in Dominican discussions of U.S. 
immigration policy.  During the DCM's courtesy call last 
month on the Director General of Migration Carlos Amarante 
Baret, visitors were treated to an extended denunciation of 
U.S. deportation policy, as detrimental for families. 
Dominican news agencies adopt a similarly two-faced approach, 
strongly supporting Dominican deportations of Haitians on the 
one hand while criticizing as overly strict U.S. immigration 
and deportation policy on the other.  The cover of last 
Thursday's edition of one of the most widely-read newspapers 
in the country featured an oversized photo of a girl of 
Dominican descent crying in fear that her mother could be 
deported from the United States for violations of immigration 
law.  Left unsaid was the fact that fewer than a thousand 
Dominicans were deported from the United States for 
non-criminal offenses in 2004, while more than 18,000 
Haitians were deported from the Dominican Republic during the 
first eight months of this year alone. 
 
¶22. (U) It is ironic that government officials remain unable 
or unwilling to establish effective border controls, which 
could be the single most effective approach to the migratory 
problems. An interagency team coordinated by Southcom and the 
Embassy conducted a border survey in July 2005, responding to 
a request of President Fernandez.  They concluded that the 
Dominican Army, charged with policing the Dominican-Haitian 
border, had virtually no control in many areas of traffic 
between the two countries.  The report offered 
recommendations for more effective controls, including the 
proposal of a civilian-staffed Border Patrol.  To date the 
only vigorous response was the prompt announcement of the 
Defense Minister that the armed forces would set up a 
Specialized Corps for the Border - -  staffed by the military. 
 
¶23. (U) Drafted by Alexander T. Bryan. 
 
¶24. (U) This report and other material can be consulted on 
our SIPRNET site, 
http://www.state.sgov.gov/p/wha/santodomingo/ . 
BULLEN