Denationalization and Statelessness: An Exploratory Case Study Assessing the Impact of Dominican Republic Judgment TC 168-13, the Effects of Naturalization Law 169-14, and the International Community's Involvement

Ernst Pierre Vincent, Nova Southeastern University

Abstract

This qualitative exploratory case study examines the impact of the Dominican Republic Constitutional Court Ruling of September 23, 2013. It explores the experiences of the victims by analyzing their narratives, their caregivers' perspectives, the international community's involvement in the Dominican statelessness crisis, information gathered from the literature, reports written about this phenomenon, and observations made in the Dominican Republic. One main research question and two subsidiary research questions guide this study: How does the Dominican Republic Constitutional Court Decision TC 168-13 impact the lives of Dominicans of Haitian descent living in the Dominican Republic? How does the Naturalization Law 169-14 facilitate a solution to the problem of denationalization and statelessness? How does the international community's involvement help resolve the denationalization and statelessness crisis? This study rests on Human Rights Theory, Systems Theory, and Structural Violence Theory. It highlights that a) Dominicans of Haitian descent continue to experience the negative impacts of Judgment 168-13, b) Naturalization Law 169-14, while providing a limited solution for Dominicans in Group A, has effectively denationalized those in Group B, and c) the international community's failure to pressure the Dominican state to respect international nationality laws. This study contributes to the literature in that it seeks an in-depth understanding of the experiences of the dilemma of stateless persons and the conflicts surrounding citizenship and identity in the Dominican Republic. Given the structural nature of this issue and the systemic discriminatory paradigm by which the Dominican government and elites operate, it proposes a multifaceted conflict resolution approach.