Lawyers sustain naturalization ruling violates local laws
The 21 article ruling for the application of naturalization law 169-14 has at least 18 violations of the Constitution, seven of the Law 659 on civil acts, other violations of the Migration Law, Constitutional Court Ruling 168-13 and the essence of the naturalization law, say jurists who studied the ruling after the President opened it up for public comment.
As reported in El Caribe, the lawyers called for the government to correct the violations that are in conflict with the rule of law, juridical security and prevalence of the Constitution.
The legal report was prepared at the request of the Dominican Committee for International Solidarity with Haiti, and its members Armando Jose Armenteros Estrems, Jose Miguel Vasquez Garcia, Pelegrin Castillo, Manuel Nunez, Consuelo Despradel, Denise Reyes and Trajano Vidal Potentini.
The lawyers who prepared the report were Juan Miguel Castillo Pantaleon, Juan Miguel Castillo Roldan, Cristina Aguiar and Jose Miguel Vasquez.
They stated that the ruling violates the rule of the law because it allows anyone to be able to declare having been born here without having to prove their parents’ identity or nationality. They said that the weakness in the ruling would open doors for an indeterminate number of people to manufacture identities with all the risks that such an absurd situation may entail.
They also pointed out that another of the violations is the fact that the Presidency has taken on the drafting of the ruling assigning this to the Ministry of Interior and Police rather than the Central Electoral Board (JCE).
Law 169-14 mandated that the ruling needed to be approved by this Wednesday, 23 July 2014.
The jurists criticized the wide discretionary powers of an operating unit that would be created to implement the naturalization law.
The text of the ruling can be downloaded and read on the Legal Advisor to the Presidency website athttp://www.consultoria.gov.do/listadet.php?codigo=140
Source: DR1, Elcaribe
Category: DR News |