a1753: Dominican Government Formalizes Agreement According to its Intern ational Obligations (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Merrie Archer <MArcher@nchr.org>


For Immediate Release

Dominican Government Formalizes Agreement According to its International
Obligations

On March 19, 2002, in accordance with its international obligations, the
government of the Dominican Republic signed an agreement with the
Inter-American Commission on Human Rights and human rights organizations
representing 7 Dominico-Haitians and Haitians and their families unjustly
expelled by Dominican authorities.

The agreement formalized a Supervisory Committee mandated by the
Inter-American Court to coordinate and supervise the implementation of
provisional measures ordered in favor of 28 Haitians and Dominicans of
Haitian origin improperly expelled from the Dominican Republic as well as
two witnesses who have been the object of intimidation and attacks since
they provided testimony to the Court on August 8, 2000.

Various members of these Dominico-Haitian and Haitian families were
arbitrarily expelled to Haiti by Dominican authorities without notice, due
process or the opportunities to collect their belongings or to notify their
families. Many of these individuals are entitled to Dominican citizenship
according to Dominican law, and were legally residing in the country.

Until recently, the Dominican Republic had made little progress in
implementing the provisional measures ordered by the Court since August 31,
2000. The Inter-American Court's provisional measures decision requires the
Dominican Republic to:
·  Adopt the necessary measures to protect the life and physical integrity
of the petitioners and witnesses
·  Prevent the deportation or expulsion of the three petitioners currently
in the DR
·  Provide written notice to the Dominican authorities that these
petitioners benefit from provisional protective measures against their
deportation or expulsion
·  Provide the petitioners with official papers providing safe passage in
the DR
·  Allow the immediate return of clients to the DR
·  Facilitate family reunification for clients separated from their families
across the Dominican-Haitian border and collaborate with a client to find
the whereabouts of family members
·  Continue with investigations initiated by the Dominican government
regarding the case
·  Adopt the necessary measures to protect the life and physical integrity
of the witnesses
·  Submit detailed information about the situation of residents of the
bateyes in the border regions who could be subject to forced repatriation,
deportation or expulsion, and to
·  Create, in cooperation with the Commission, an appropriate mechanism to
coordinate and supervise the above-mentioned measures.

In accordance with the Court's order, this past February, the Dominican
government agreed to provide official documentation to the 28 petitioners
and to meet with the Commission and the petitioners to discuss the creation
of the special mechanism. The Supervisory Committee is a product of these
discussions and accordingly, the Committee has set an agenda based on the
measures ordered by the Court. As an initial step, on March 18 and 20, 2002,
the Dominican government provided documents of "safe passage" to the
petitioners in Santo Domingo and on the border, where most of the
petitioners have resided since their expulsion. The "safe passage" documents
permit their holders to re-enter the Dominican Republic, work and travel
freely within its borders.

The Dominican Republic, which ratified the American Convention on Human
Rights in 1978, recognized the jurisdiction of the Court in 1999 is legally
bound by the Court's decisions. The creation of a Supervisory Committee is a
mechanism that has been used in other cases in countries such as Colombia,
Mexico, Honduras and Guatemala. These committees serve as vehicles for
collaboration between governments, the Inter-American Commission, and
victims of human rights abuses.

Following the signature of this agreement, several news articles have
incorrectly suggested that the Supervisory Committee will have the power to
affect domestic Dominican legislation, when in fact the Committee's powers
are limited to supervising the implementation of the Inter-American Court's
provisional measures covering the 28 individuals named in this case.
Nonetheless, it is important to note that upon its ratification of the
American Convention and other international instruments the Dominican
government agreed to ensure that its domestic legislation is consistent with
international human rights standards. Other press articles have accused
Inter-American Court witnesses of disloyalty to the Dominican Republic,
which have resulted in threats and physical attacks on them. More recent
articles have incorrectly stated that those witnesses are the ones who
brought the case before the Inter-American Court.

The Supervisory Committee is made up of members of the Inter-American
Commission for Human Rights; the Dominican government, including Dominican
Ambassador to the Organization of American States, representatives of the
Armed Forces, the Immigration service and Human Rights representatives of
the Foreign Ministry; and the petitioners who represent the plaintiffs,
including the regional organization Centro por la Justicia y el Derecho
Internacional (CEJIL), the international organization National Coalition for
Haitian Rights, and the Human Rights Law Clinics of the University of
California at Berkeley and Columbia University. In addition, the Dominican
and Haitian organizations Movimiento de Mujeres Dominico-Haitianas (MUDHA),
Groupe d'Appui aux Refugiés et Rapatriés (GARR), the Red de Encuentro
Dominico-Haitiano Jacques Viau (REDH) and the Plataforma Vida have been
designated observer members of the Committee.

For additional information and original text of agreement, contact:

Roxanna Altholz
Centro por la Justicia y el Derecho International
(202) 319-3000, altholzr@hrw.org

Merrie Archer
National Coalition for Haitian Rights
(954) 462 8231, marcher@nchr.org

Arturo Carrillo
Columbia University School of Law
Human Rights Clinic
(212) 854-5709, acarri@law.columbia.edu

Laurel Fletcher
University of California at Berkeley
School of Law, Human Rights Clinic
(510) 643-4800, lef@law.berkeley.edu