VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #0752/01 1881836
ZNR UUUUU ZZH
P 071836Z JUL 09
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 2997
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHWN/AMEMBASSY BRIDGETOWN PRIORITY 2259
RUEHCV/AMEMBASSY CARACAS PRIORITY 1011
RUEHGE/AMEMBASSY GEORGETOWN PRIORITY 1167
RUEHKG/AMEMBASSY KINGSTON PRIORITY 2958
RUEHLP/AMEMBASSY LA PAZ JUL 0600
RUEHPO/AMEMBASSY PARAMARIBO PRIORITY 1291
RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 5017
RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 1998

UNCLAS SANTO DOMINGO 000752 
 
SIPDIS 
 
STATE FOR WHA/CAR, 
LA PAZ FOR A/DCM C LAMBERT 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREF ECON DR
SUBJECT: KENNEDY VISIT RAISES HOPE AND SOME HARSH WORDS 
 
REF: A. SDO 706 
     ¶B. 08 SDO 1110 
     ¶C. SDO 632 
 
¶1. (SBU) Summary: Kerry Kennedy, Founder of the RFK Center 
for Justice and Human Rights, and other members of the RFK 
Center visited bateyes in Villa Altagracia and attended 
meetings with several GODR officials.  Throughout the 
meetings, Kennedy spoke about the plight of undocumented 
residents and other Dominicans of Haitian descent and worked 
to find joint resolutions to the migration problem frequently 
cited by the GODR.  Following her meetings, the media 
reported on her visit as an attempt to intervene in national 
matters and commented on problems the United States has with 
its own undocumented population.  The bitterness of some 
press reports underscores that while outsiders may focus on 
the human rights aspects of Haitian migrants, many Dominicans 
see things in terms of economics and national security. 
Beyond such media clashes, all concerned need to focus on 
practical steps to help the undocumented.  End Summary. 
 
Background 
---------- 
 
¶2. (U) Kerry Kennedy founded the RFK Center for Justice and 
Human Rights in memory of her father, Robert F. Kennedy, to 
continue his unfinished work.  Each year, the Center chooses 
a laureate from around the world who demonstrates exceptional 
courage fighting for human rights.  In 2006, the Center chose 
Sonia Pierre, the Executive Director of the Movement for 
Dominican-Haitian Women (MUDHA), as their laureate for her 
work fighting for the rights of Haitian migrants and 
Dominicans of Haitian descent within the Dominican Republic. 
Kennedy visited the Dominican Republic to meet with Pierre, 
speak with her about her immediate goals and concerns, and 
raise Pierre's issues with the government at the highest 
possible level. 
 
Visit to Villa Altagracia 
------------------------- 
 
¶3. (SBU) On Sunday, June 28, Kennedy began her trip with a 
visit to Villa Altagracia, a former batey (shantytown for 
sugarcane workers) that is owned by the Dominican government, 
but no longer produces sugar and has fallen into serious 
disrepair.  MUDHA has been working in the area both to 
improve living conditions and to provide legal support to 
residents who have documentation problems.  Kennedy met with 
a group of residents to discuss their legal and documentary 
status, including cases of workers who were brought from 
Haiti through an agreement, made 70 years ago, between the 
GODR and GOH.  These workers never returned to Haiti, but 
because there has never been a regularization of undocumented 
residents (there is, however, a regularization proposal 
pending, see reftel A), they are residing in the Dominican 
Republic without legal status or documentation from the GODR. 
 She also heard from adolescents and adults alike who were 
born in country, but unable to get birth or identity 
documents due to their parents' lack of documentation. 
During her walking tour of Villa Altagracia, Kennedy heard 
stories about how the residents faced exceptional challenges 
living in an impoverished area without easy access to food, 
water or cooking fuel. 
 
Meetings 
-------- 
 
¶4. (SBU) Monday, June 29, Kennedy attended five meetings with 
GODR officials before concluding her day with a dinner 
meeting with Charge Bullen.  During the day, she met with 
Julio Cesar Castanos Guzman, the president of the Central 
Electoral Board (JCE); Max Puig, the Minister of Labor (SET); 
Franklin Almeyda, the Minister of Interior and Police; Jose 
Anibal Sanz Jiminian, the Director of Migration; and Vice 
President Alburquerque.  Kennedy plans to send follow-up 
letters to each representative she met, both to confirm what 
they discussed and to remind the officials of the action that 
each promised to take on the issue.  The following is a brief 
description of the individual meetings and the promises 
expressed from each official. 
¶5. (SBU) JCE Meeting: Kennedy described the meeting as 
cordial overall.  They discussed the situation of 
undocumented residents generally and specific cases from 
Villa Altagracia.  Kennedy asked if she could provide a list 
of those who have had their documents withheld under claims 
of an investigation into fraud or irregularities in their 
birth declarations.  Guzman agreed to review and resolve the 
cases of those on the list presented.  He identified Pierre's 
case as different from most because her parents were working 
here legally when she was born.  Guzman expressed an interest 
in finding a way to separate the cases of those born to 
parents who were brought here legally from those born to 
parents who entered the country illegally.  He does not 
believe that migrants need to be regularized and therefore 
disagrees with the proposed regularization plan (a plan to 
give legal status to all undocumented Haitian migrants 
residence in the country for more than five years, reftel A). 
 Kennedy asked Guzman to visit Villa Altagracia and speak 
with the people there. 
 
¶6. (SBU) SET Meeting: Kennedy brought up the cases of the 
elderly in Villa Altagracia who had no access to the pension 
plans they had paid into and no social security to assist 
them once they retired.  Puig replied that the problem of 
access to pensions and social security affects everyone. 
Pierre asked if there were a way for the SET to work together 
with Migration to ensure that there are no deportations on 
paydays.  Puig responded that he is part of the national 
coordination group on migration and as such is already 
working together with Migration on such problems.  Kennedy 
suggested that the SET look into what has happened with the 
retirement plans of those "who have given their lives" to the 
country, and that Puig take the time to visit Villa 
Altagracia to see and speak with the people living there. 
 
¶7. (SBU) Interior and Police: This meeting was the most 
contentious of Kennedy's visit.  After Almeyda presented 
Kennedy with the proposed regularization plan, he began to 
explain the history of migration on the island, but Kennedy 
cut him off saying that she had enough history lessons today 
and did not have much time.  Almeyda responded that he 
thought they were interested in the regularization plan and 
that they should have allowed more time for this meeting. 
Almeyda attempted to discuss his ministry's projects on 
public security, but Kennedy pushed him on whether the USG is 
providing support for CESFRONT (the military branch charged 
with protecting the border with Haiti) and for 
"fraud"-fighting efforts under Circular 17 (reftel B). 
Almeyda responded that the armed forces are under the 
military and that the JCE directs Circular 17 application. 
(Note: It is possible that Kennedy brought up these concerns 
in all of her meetings, but PolOff has had the opportunity to 
view only this meeting through video received directly from 
Almeyda's office.  End Note)  When Kennedy asked about 
specific cases of people in Villa Altagracia who have had 
their documents withheld, Almeyda responded that he did not 
work in this area and expressed his concern that Kennedy had 
not come to the meeting with an open mind.  The meeting 
concluded without concrete plans for next steps. 
 
¶8. (SBU) Migration: Kennedy asked Sanz Jiminian about 
CESFRONT and undocumented residents.  Sanz Jiminian responded 
that both of these matters are outside of his realm.  He 
mentioned that he has been conducting human rights training 
for his employees and that he recently fired several 
employees for corruption.  He confirmed his goal and desire 
to follow strictly whatever laws control his department. 
Sanz Jiminian claimed that before deporting Haitian 
nationals, he sends a list of their names to the Haitian 
embassy and does not continue with the deportations until he 
receives an okay from the embassy.  He also claimed that he 
has been deporting between 100-150 people per day.  Kennedy 
noted that she felt this meeting was the most productive one 
she attended and that Sanz Jiminian seemed the most willing 
to continue working with the RFK Center on migrant rights. 
 
¶9. (SBU) Alburquerque: Kennedy began the meeting by 
discussing what she has seen and a summary of the cases she 
heard about in Villa Altagracia.  Alburquerque expressed his 
belief that all children living in the country have the right 
to go to school and that they are not being denied the 
ability to enter school.  Pierre responded that children 
without documentation are denied schooling after the eighth 
grade.  Alburquerque seemed surprised by this information and 
asked that Kennedy send him a list of such cases.  He said he 
would find a way to allow them to go to school or university 
even if the GODR needs to come up with a different form of 
documentation, in lieu of a cedula or birth certificate that 
is usually required for children to enter classes.  Kennedy 
brought up the proposed regularization plan, the amendments 
to the nationality provisions of the constitution (reftel C), 
and allegations of mass deportations.  Alburquerque explained 
that there are several different interpretations of the 
constitution and that this has led to many problems with 
migration.  He claimed that the proposed amendments to the 
constitution will resolve all of these problems, and that the 
proposed regularization plan will help people like Pierre, 
who were born to Haitian parents in the DR.  (Comment: 
Alburquerque seems not to realize that Pierre currently has 
Dominican nationality.  End Comment)  When Kennedy pressed 
Alburquerque on keeping the JCE from denying documentation to 
people who previously held Dominican nationality, he blamed 
the issue on separation of powers and claimed that he could 
do nothing to rein the JCE in.  Finally, Pierre expressed 
concerns that the constitutional amendments would occur 
before the regularization effort is completed; a problem 
because the constitution gives continued rights to those 
granted nationality under any former constitutions or laws. 
She worried that if the constitution is passed first, the 
regularization will not be as inclusive.  Alburquerque said 
that he would bring this concern to the attention of 
President Fernandez and speak with the Congress to ensure 
that the regularization effort passes first.  (Comment: This 
seems highly unlikely.  End Comment) 
 
¶10. (SBU) Following her meetings with GODR officials, Kennedy 
sat down with Charge Bullen to recap her visit and to lobby 
for more USG support for projects to assist the DR's large 
undocumented population.  Kennedy also mentioned reports that 
a USG-funded education project was denying entry to 
undocumented children, but was told that the Embassy had 
already helped remedy the complaint.  Charge Bullen also 
underscored that we take any reports of discrimination very 
seriously and do not support nor tolerate discrimination. 
Kennedy asked that we do what we can to include MUDHA in more 
projects to provide aid to Dominicans of Haitian descent. 
Charge Bullen said that we will attempt to include MUDHA in 
future and ongoing projects as much as possible. 
 
Follow-up 
--------- 
 
¶11. (SBU) Following Kennedy's visit, news reports have been 
overwhelmingly critical of the visit.  The morning following 
her meetings, Kennedy spoke with the press before departing. 
She spoke of the poor living conditions she saw during her 
visit and the problems undocumented residents face daily. 
She condemned the GODR's practice of retroactively applying 
their nationality provisions in a discriminatory way.  She 
also blamed the terrible conditions in which undocumented 
persons live on the GODR's failure to recognize the basic 
rights of all those residing in the Dominican Republic.  It 
appears that the JCE was the only GODR contact that sought 
out the press for comments.  The JCE stated that it would not 
be directed by an outside organization, but that it was 
waiting for a list of individual problem cases to address. 
The primary opposition party, PRSC, said that Kennedy should 
be speaking to her own country about their undocumented 
problem and "declared" both Kennedy and Pierre persona non 
grata. (Comment: The effect of this statement, if any, is 
unclear.  End Comment)  Additional comments focused primarily 
on directing Kennedy to expend her efforts on her own country 
rather than interfere in the Dominican Republic. 
 
Comment 
------- 
 
¶12. (SBU) While Kennedy was received by key GODR officials, 
it seems they tended to talk past each other: Kennedy sees 
issues surrounding Haitians and Dominicans of Haitian descent 
in human rights terms, whereas Dominican officials largely 
see the situation in economic and security terms.  The 
coordination, or lack thereof, of constitutional reforms 
regarding nationality and the regularization proposal 
(supported by the Interior Ministry, but not the JCE) could 
be a key factor in determining the extent to which the 
problem of undocumented persons is resolved.  Another factor 
could be the role of the Haitian government, particularly the 
Haitian Embassy in the Dominican Republic.  Post has 
confirmed that the GODR does send potential deportee names to 
the Haitian Embassy, but it is not clear whether that embassy 
has the time or resources to review the lists completely. 
Nor is there much evidence that the GOH is working to help 
its citizens and their descendants in the Dominican Republic 
get whatever documentation may be appropriate.  Although 
Kennedy's visit and the following media storm did once again 
raise public awareness of migration and documentation issues, 
all actors -- GODR officials, Haitian officials and concerned 
non-governmental actors -- would be well-advised to focus on 
concrete steps to regularize the undocumented, rather than 
seek to score points in the media.  End Comment. 
 
(U) Please visit us at 
http://www.state.sgov.gov/p/wha/santodomingo/  
BULLEN