Florida Senate - 2016                            (NP)    SR 1792
       
       
        
       By Senator Smith
       
       31-04365-16                                           20161792__
    1                          Senate Resolution                        
    2         A resolution condemning the actions of the Dominican
    3         Republic relating to the impending mass deportation of
    4         Dominicans of Haitian descent and Haitian migrants and
    5         urging the Dominican government to halt the impending
    6         deportation and to restore the rights of all its
    7         citizens, residents, and migrants.
    8  
    9         WHEREAS, a 2013 Dominican Republic Constitutional Court
   10  decision stripped Dominicans born after 1929 to parents not of
   11  Dominican ancestry of their citizenship, and
   12         WHEREAS, the ruling affected more than 200,000 Dominican
   13  citizens of Haitian descent, rendering them stateless, and
   14         WHEREAS, the retroactive application of the decision is a
   15  blatant derogation of both international human rights and the
   16  Dominican Republic’s own legal norms, and
   17         WHEREAS, the ruling conflicts with the Inter-American Court
   18  of Human Rights’ decision in Yean and Bosico v. Dominican
   19  Republic, which upheld the rights of all Dominicans regardless
   20  of race, color, or national origin and found that the Dominican
   21  Republic violated the rights of Dominican-born citizens of
   22  Haitian descent by denying them citizenship, and
   23         WHEREAS, the ruling also conflicts with the Inter-American
   24  Court of Human Rights’ decision in Case of Expelled Dominicans
   25  and Haitians v. Dominican Republic, which found the detention,
   26  treatment, and mass expulsion of Haitians and Dominicans of
   27  Haitian descent to be violations of human rights, and
   28         WHEREAS, following the 2013 court ruling, the Dominican
   29  Republic passed a law creating naturalization and regularization
   30  processes, and
   31         WHEREAS, under these processes, Dominicans of Haitian
   32  descent could become naturalized citizens, and undocumented
   33  migrant workers could obtain work permits, and
   34         WHEREAS, those registering for naturalization will be
   35  granted citizenship only if they have proper documentation and
   36  were formally registered when born in the Dominican Republic,
   37  and
   38         WHEREAS, the requirements for naturalization are
   39  challenging, since many Dominicans of Haitian descent do not
   40  have paperwork and were not formally registered because they
   41  were born in rural areas without access to hospitals, and
   42         WHEREAS, the regularization process required migrant
   43  workers to register and complete the process by June 17, 2015,
   44  or be deported, and
   45         WHEREAS, Haitians make up a significant percentage of
   46  migrant workers in the Dominican Republic, and many Haitian
   47  immigrants are at risk of deportation, and
   48         WHEREAS, fewer than half of the Dominican Republic’s
   49  estimated 500,000 migrant workers have started the
   50  regularization process, and
   51         WHEREAS, the lack of sufficient resources at immigration
   52  processing centers, as well as difficulties in obtaining
   53  appropriate documentation and transportation to the centers, has
   54  reportedly hampered people’s ability to register and complete
   55  the regularization process, and
   56         WHEREAS, there is a risk of illegal deportation of
   57  Dominicans of Haitian descent and migrant workers who have
   58  registered for regularization because the impending deportations
   59  will be on a large scale and conducted without adequate
   60  screening mechanisms, and
   61         WHEREAS, the Dominican Republic’s mistreatment of Haitians
   62  predates these recent events, and
   63         WHEREAS, the 1937 Parsley Massacre claimed the lives of
   64  thousands of Haitians after the Dominican Republic’s dictator
   65  ordered the killing of those believed to be Haitian, and
   66         WHEREAS, the Legislature of the State of Florida condemns
   67  the Dominican Republic’s impending mass deportation of Haitian
   68  immigrants, given the human rights implications, risk of illegal
   69  deportations, and current ineffectiveness of the regularization
   70  process, and
   71         WHEREAS, these outrageous actions are of grave and
   72  immediate concern to the citizens of this state and nation and
   73  to millions of Haitian Americans, as evidenced by widespread
   74  protests and nationwide demonstrations that have galvanized the
   75  Haitian diaspora, and
   76         WHEREAS, the United States always must stand for human
   77  rights and justice, but the Obama Administration has, to date,
   78  been shamefully silent regarding these massive, ongoing, and
   79  threatened human rights violations, and
   80         WHEREAS, the leadership, political and economic power, and
   81  influence of the United States would be the single most
   82  effective tool in achieving a reversal of course by Dominican
   83  authorities, and
   84         WHEREAS, many Americans are calling for strong leadership
   85  from the White House and the United States Department of State,
   86  including former Mayor of Baltimore and Governor of Maryland
   87  Martin O’Malley, who, in a June 17, 2015, article in The
   88  Huffington Post entitled “Moral Leadership in Our Own
   89  Hemisphere,” condemned this threatened “abhorrent affront to
   90  human rights by one of our closest neighbors,” and
   91         WHEREAS, the President’s inaction is hypocritical not only
   92  in light of American history and values, but given specific
   93  statements and writings by the President, the Vice President,
   94  and other officials, including United States Ambassador to the
   95  United Nations Samantha Power, on the obligation of the United
   96  States to lead in the face of such outrageous conduct, and
   97         WHEREAS, the events unfolding in the Dominican Republic
   98  over the last few years are reminiscent of infamous historic
   99  injustices, including the 1930s’ Nuremberg Laws that stripped
  100  civil and human rights from German-born Jews, and
  101         WHEREAS, the actions of the Dominican government are as
  102  wrongheaded as if the United States government were to suddenly
  103  decree that blacks born in this country, Italian Americans,
  104  Irish Americans, or other minorities are not citizens of the
  105  United States, despite generations of citizenship and residence
  106  in the United States, and seek to deport them, causing mass
  107  panic, and
  108         WHEREAS, these violations, intimidation, and affronts on
  109  the part of the Dominican government have caused widespread
  110  chaos and tens of thousands of Dominicans of Haitian descent to
  111  flee into Haiti in fear of their lives, and
  112         WHEREAS, this grave injustice, occurring in our own
  113  backyard, is tremendously destabilizing and threatens to be
  114  increasingly destabilizing to neighboring Haiti, which, as
  115  Governor O’Malley states, “is still reeling from the second
  116  deadliest earthquake this century, which killed more than
  117  100,000 people. Five years later, 85,000 Haitians remain
  118  homeless, and Haiti’s economy and infrastructure remain in
  119  shambles. The influx of potentially hundreds of thousands of new
  120  residents from the Dominican Republic would only create more
  121  chaos in a country that is desperately in need of humanitarian
  122  assistance and long-term sustainable development,” and
  123         WHEREAS, these violations have grave implications for
  124  Haiti’s stability, Dominican Republic-Haiti relations, regional
  125  security, and the security, credibility, and international
  126  standing of the United States, and
  127         WHEREAS, the eyes of history are on the United States and
  128  the shameful silence of the President of the United States in
  129  the face of these violations, which silence threatens to
  130  permanently stain the President’s legacy, NOW, THEREFORE,
  131  
  132  Be It Resolved by the Senate of the State of Florida:
  133  
  134         That the Dominican Republic’s impending mass deportation of
  135  Dominicans of Haitian descent and Haitian immigrants is
  136  condemned.
  137         BE IT FURTHER RESOLVED that the Senate of the State of
  138  Florida urges the Dominican Republic to:
  139         (1) Overturn its 2013 decision of the Dominican Republic
  140  Constitutional Court, which stripped Dominicans born after 1929
  141  to parents not of Dominican ancestry of their citizenship, and
  142  to restore the rights of such Dominicans.
  143         (2) Issue all appropriate legal identification documents to
  144  Dominican-born citizens, regardless of race, ethnicity, status
  145  in its registry, or other impediment.
  146         (3) Comply with the Inter-American Court of Human Rights’
  147  decisions, Yean and Bosico v. Dominican Republic and Case of
  148  Expelled Dominicans and Haitians v. Dominican Republic.
  149         (4) Take proactive measures to protect the life and
  150  property of Dominicans of Haitian descent, as well as prosecute
  151  and deter any vigilante or state-sponsored violence against
  152  them.
  153         (5) Implement an effective regularization process.
  154         (6) Invite independent observers to monitor the
  155  implementation of the regularization process to ensure due
  156  process.
  157         (7) Discontinue and indefinitely halt all impending
  158  deportations.
  159         BE IT FURTHER RESOLVED that the Senate of the State of
  160  Florida does hereby condemn the shameful silence of the Obama
  161  Administration in the face of these historic and ongoing
  162  violations.
  163         BE IT FURTHER RESOLVED that the Senate of the State of
  164  Florida urges the government of the Dominican Republic to
  165  immediately and fully reverse course, cease these violations,
  166  and restore and guarantee the human and civil rights of all of
  167  its citizens, residents, and migrants.