- Posted April 24, 2014 by
Santo Domingo, Dominican Republic
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Expert Jurist says Dominican Republic has no commitment with Haiti
You cannot ask that President Danilo Medina to recognize these individuals because he can’t, the President doesn’t have that power. That power rest exclusively on the constitution that is of the granting nationality by naturalization. Because only the Constitution or the Court can say who is or who is not Dominican", the constitutional expert concluded.
The jurist Juan Manuel Rosario has denied that the Dominican Republic commitment to grant residence to Haitians, and added that, that task only corresponds to the Haitian State. Being interviewed by Dr. Deomedes E. Olivares Rosario and the former Deputy Andres – Licho - Matos, the 'Democracia TV', of Teleradioamérica, channel 45, the constitutional expert revealed that Haiti is the second country the Dominican Republic has given more residences, and the first place is occupied by United States.
He acknowledged that the problem occurs with the sugarcane workers (Braceros) who enter the country without any control, since when they have children on Dominican soil, instead of registering them in the Haitian Consulate, as well as the deaths, they choose to ignore that obligation.
Professor also described as nonsense qualifying how retroactive the 168-13 the Constitutional Court ruling.
"What we are dealing with in the Dominican Republic is not just whatsoever, the country should be very careful; this fight is not for political parties but for the country. And that assume a politicking attitude will have problems with society, because that same society to isolate it" he questioned.
"I sometimes see people of the ‘PRD - Partido Revolucionario Dominicano (Dominican Revolutionary Party) making criticisms, but I wonder, if the PRD were in power in the Government what would they say to them, they wouldn’t be in media justifying things." That's neighborhood politicking," he added.
After quote and match the researcher Karla Huertas, of the Institute of legal research of the Autonomous University of Mexico, Juan Manuel Rosario said the Constitution was not actually transformed that ontologically it has remains the same, "since the Constitution is not unchanged".
He clarified that amendments to the text of the Constitution are not any different between them, "since its inception it has always allowed to conceive that the Constitution has always provided for the same statements".
"The fundamental form is a standard which retains its distinctiveness, and despite the transformations that it suffers from, it can change its content or its structure and still be the same rule, except in cases that are violating material limits expressly provided", he explained.
He said that nowhere, since 1929 until now, the Constitution provides that the children of Haitians are Dominican, he said that those premises are inventions.
"You include something in the Constitution and that will look as if it has always been, because the Constitution is just one," said the jurist.
He said that it is belief that there has been here (Dominican Republic) there have been many constitutions, due to modifications that have been made, but that actually the Constitution has always been the same, that only have added minor changes.
"From the year 1844 until today, there has been only one Constitution, what happened is that it has had many changes. It is a single document it is what is called constitutional continuity. I listen to some analysts of the Constitution which I do not know where they get the idea that the Dominican Republic has had many constitutions".
He criticized that there are academics who give the feeling of being outdated and without contact with the doctrine.
"And you say: but where is that jurisprudence intellectuality in the Dominican Republic?, because you might say, look I disagree with that approach, but no, here they have been peddling that as if it were an eyesore or an aberration;" they make a legal assessment unlike scholars, but as a common men who have never studied law."
"The attribute and of State sovereignty you have to realize that at all times the constitutional arrangements are made as it suit it, that was said in a court in in Mexico in 1935. "When it is introduced in article 18 that the children of Haitians are not Dominicans, that is as it has always existed in the Constitution, and you include that the Constitution is equal to say that this is what governs the Constitution since it exists, and does not say that now"
In that sense, he added that the draft special law of naturalization of the Dominican Republic submitted to the National Congress is due to that logical thinking.
"There are people who do not understand that the Dominican Republic is sensitive to these issues, that we had a military confrontation in 1965 because of the Constitution, and those who were on the side of the Constitution were called constitutionalists." "Furthermore, you cannot ask that President Danilo Medina to recognize these individuals because he can’t, the President doesn’t have that power. That power rest exclusively on the constitution that is of the granting nationality by naturalization. Because only the Constitution or the Court can say who is or who is not Dominican", the constitutional expert concluded.