[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 443 Introduced in House (IH)]

113th CONGRESS
  1st Session
H. RES. 443

  Expressing the sense of the House of Representatives regarding the 
 September 23, 2013, decision of the Dominican Republic Constitutional 
 Court that places hundreds of thousands of Dominican born persons at 
                         risk of statelessness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

Mr. Meeks (for himself, Mr. Conyers, Mr. Lewis, Ms. Wilson of Florida, 
    Ms. Lee of California, Ms. Clarke of New York, and Ms. Waters) 
submitted the following resolution; which was referred to the Committee 
                           on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives regarding the 
 September 23, 2013, decision of the Dominican Republic Constitutional 
 Court that places hundreds of thousands of Dominican born persons at 
                         risk of statelessness.

Whereas international norms on statelessness are guided by Article 15 of the 
        Universal Declaration of Human Rights that states, ``No one shall be 
        arbitrarily deprived of his or her nationality'';
Whereas understanding the broad reaching affects of statelessness on the United 
        States and the global community, the United States cosponsored a 
        resolution on the right to nationality for women and children at the 
        20th session of the United Nations Human Rights Council in Geneva, 
        Switzerland;
Whereas the Dominican Republic Constitutional Court ruling 168 pronounced that 
        all individuals of ``migrant background'' born in the Dominican Republic 
        since 1929 must be transferred to a list that will be examined on an 
        individual basis to determine if their parents were undocumented, 
        thereby calling into question the legal status of children born to said 
        parents regardless of any previously established Dominican citizenship 
        of these children;
Whereas the majority of individuals that are subject to this ruling are of 
        Haitian descent;
Whereas previously accepted documentation for parents and children may now be 
        called into question and deemed inadequate;
Whereas individuals born in the Dominican Republic of Haitian descent whose 
        documentation is rejected could be retroactively stripped of Dominican 
        citizenship under the government's regularization plan, resulting in 
        arbitrary deprivation of nationality in violation of international law;
Whereas a stateless person is someone who under national laws is not recognized 
        as a citizen and does not enjoy the legal bond between an individual and 
        the government of a country;
Whereas statelessness is a problem that expands beyond the borders within which 
        it exists and has regional and global implications, including heightened 
        vulnerability to trafficking in persons, forcible displacement, social 
        exclusion, and sexual and physical violence;
Whereas Executive Order 327-13 signed by President Medina of the Dominican 
        Republic on November 29, 2013, is a positive step toward regularizing 
        the status of foreigners living in the Dominican Republic, but under the 
        decree Dominicans of Haitian descent stripped of their nationality by 
        decision 168-13 are erroneously deemed to be foreigners;
Whereas taking into account Article 8 of Executive Order 327-13 and recognizing 
        President Medina's promise to provide a path to citizenship for all 
        individuals born in the Dominican Republic and stripped of their 
        nationality by decision 168-13, the decree does not take all necessary 
        steps in consultation with civil society to ensure full restoration of 
        nationality for all individuals affected by decision 168-13, whether or 
        not they have been previously registered in the civil registry; and
Whereas without recognition of Dominican nationality, persons are denied 
        benefits available to Dominican citizens, including freedom of movement, 
        the right to vote, legally recognized marriage, health insurance, and 
        higher level schooling: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) it is the unequivocal policy of the United States to 
        promote the right to nationality without arbitrary deprivation 
        by any state as articulated in Article 15 of the Universal 
        Declaration of the Human Rights; and
            (2) the United States Ambassador to the Organization of 
        American States (OAS) in consultation with OAS member states, 
        in particular governments of Caribbean nations, President of 
        the Permanent Council, and the Inter-American Commission, 
        should pursue a multilateral approach to promptly address the 
        potential crisis in the Dominican Republic as a result of that 
        nation's Constitutional Court ruling on September 23, 2013, 
        that could render hundreds of thousands of Dominican born 
        persons stateless.
                                 <all>