UNHCR 2014 Statelessness Research Award interviews... Georgetown Law Human Rights Institute Fact-Finding Project

"Although statelessness in the Dominican Republic has been well-publicized, our project focused on what we considered to be an under-researched dimension of the problem – in the context of significant recent legal developments in the Dominican Republic. We therefore sought to produce a report that could fill this research gap and equip advocates with findings regarding the harsh consequences of statelessness for children of Haitian descent born in the Dominican Republic." 

In this series of blog posts, we are asking the students honoured in this year's UNHCR Awards for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. Last in the series is the Georgetown Law Human Rights Institute Fact-Finding Project which received a Certificate of Appreciation from the jury for outstanding student research for the report Left Behind: How Statelessness in the Dominican Republic Limits Children’s Access to Education. The report was written by a group of eight students, all enrolled in either Georgetown Law’s JD or LLM programme: Khaled Alrabe, Jamie Armstrong, B. Shaw Drake, Kimberly Fetsick, Elizabeth Gibson, Tabitha King, Young-Min Kwon and Franziska Veh. The research was conducted by these students in the context of a year-long practicum course and included a fact-finding mission to the Dominican Republic.

Could you summarise, in 2 or 3 sentences, what your research was about? 
Our research focuses on how statelessness impacts other fundamental rights of children, and particularly the right to education. Our report, “Left Behind: How Statelessness in the Dominican Republic Limits Children’s Access to Education,” shows that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, and rendered them stateless. The report concludes that the Dominican Republican is failing to comply with its domestic and international human rights obligations, including ensuring protection of the human right to education.

 What first got you interested in the problem of statelessness? 
Each year, HRI pursues work on one human rights issue with a small team of students, giving them the opportunity to research a human rights problem in depth, conduct extensive interviews on the subject, draft a comprehensive report on their findings, and engage in related advocacy. Student participants, with the support of HRI staff and expert faculty, are responsible for identifying the specific issue and designing research that can fill a significant research and advocacy gap.  Our multinational research team includes members from a variety of academic and professional backgrounds, and our interest in statelessness reflects this diverse experience. Some research group members brought particular regional expertise to our project, while others initially became interested in statelessness more generally, through work and academic experience in other areas. Uniting all of the graduate students in the group is a fundamental dedication to international human rights research and advocacy and a desire to cast new light on a particular dimension of the problem of statelessness in the Dominican Republic. 

Why did you choose this particular research topic? 
The topic of statelessness in the Dominican Republic was selected after careful consideration of a number of possible research sites and issues across the Americas. Although statelessness in the Dominican Republic has been well-publicized, our project focused on what we considered to be an under-researched dimension of the problem – in the context of significant recent legal developments in the Dominican Republic. We therefore sought to produce a report that could fill this research gap and equip advocates with findings regarding the harsh consequences of statelessness for children of Haitian descent born in the Dominican Republic. 

Could you briefly describe how you went about your research? E.g. did you base it on existing sources – and were they easy to find? Did you do fieldwork or interviews – and what was that like? 
In the Fall of 2013, the team conducted research into statelessness as a legal concept and its dimensions on the ground in the Americas. This process included significant consultation with human rights practitioners, grassroots activists, and legal experts, among others, to identify where there were research gaps to which our investigation could contribute – as well as how our work could relate to international and national advocacy efforts. In January 2014, we travelled to the Dominican Republic for a week to conduct in-person interviews with scores of affected persons, as well as service providers, educators, government officials, human rights practitioners and grassroots activists. Our interviews included children and adults affected by statelessness. Following the trip, we received several official statements from the Ministry of Education that allowed us to compare current policies to practices documented during our trip. We then synthesized these findings into a report. It was a rigorous and rewarding process that allowed us to do hands-on work while remaining grounded in sound legal analysis. 

What was the greatest challenge you had to deal with in undertaking your research? 
The greatest challenge our group faced was the overwhelming depth and long history of the problem we chose to investigate. Narrowing an issue such as statelessness in the Dominican Republic to examine just one aspect of how it impacts the lives of those affected was very difficult and left out so much, including the right to health and labor rights issues. All of these aspects are worthy topics for study. However, we felt that a focus on the impact of statelessness on children and the right to education as a gateway to the enjoyment of other rights would fill both a research gap and contribute a unique perspective to support advocacy promote yet broader protections of human rights in the Dominican Republic. Overcoming this challenge taught us how the toll of statelessness is wide-reaching and that the impacts of statelessness are interconnected. 

Could you briefly summarise your main findings or conclusions – or what you think is the most important outcome of your research? 

We found that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, rendering them stateless. Hence, the Dominican Republic is failing to comply with its domestic and international human rights obligations, including to protect the human right to education. Access to education for Dominicans of Haitian ancestry has been curtailed by discriminatory school policies and the arbitrary application of laws guaranteeing equal access to education.  Many of those we interviewed were denied access to – or a continuous place in – primary or secondary school because they lacked birth certificates. Students are unable to attend university without a cedula if they apply at the age of 18, or are forced to leave if they turn 18 while in university.  Therefore, the Government does not ensure equal access to education in violation of its own Constitution and international law. All of this occurs in spite of laws, policies, constitutional provisions and international human rights commitments that are meant to guarantee children’s right to education. The report found that administrative barriers, discrimination and confusion about the law has meant that in practice not all children in the Dominican Republic are able to go to school. 

Have you found it rewarding to research statelessness – why / why not? 
It has been an extremely rewarding experience to research the impact of statelessness in the Dominican Republic.  Not only were we able to build close relationships with experts in the        field, we were able to meet and speak with numerous individuals affected by statelessness and attempt to provide a platform for expression of their experiences.  Each member of our team takes great pride in our efforts to communicate the stories of children and their families in the Dominican Republic in our report and advocacy. Additionally, we hope that our having conducted research in a growing field will open the door to the unique impact that research like ours can have in other contexts.   

What tips would you give to students who are getting involved in statelessness research to help them? E.g. are there particular questions you think they should be looking at or methodological issues they should consider? 
Our experience was improved by the in-depth background research we carried out while we were identifying a research question and a location for field work. Although we began with a broad    topic, based on a proposal from one member of the research team, the process of critically analysing this and a range of other research questions and field sites was extremely helpful. We would suggest that students and researchers who are interested in carrying out research on statelessness go through a similarly detailed process to identify a focus that stands to fill a gap in existing research. We would also particularly encourage other individual researchers and groups to engage in interview-based field research, as this is a powerful means to connect policy-makers with the practical reality of life for stateless people. As our research was completed by a group, we would further highlight the benefit of embracing diverse perspectives and believe that this contributed to the quality of the report that we were able to produce. Finally, we would emphasize the importance of careful planning when undertaking international field research, the requirement of continuously evaluating issues of risk and safety, and the absolute necessity to treat interviewees with professionalism, care, and generally striving to employ the highest ethical standards in carrying out research.