Discrimination Against Undocumented Migrant Workers in Latin America with a focus on Haitian migrants in The Dominican Republic

Abstract: Intra-regional migration in Latin America is an increasing phenomenon. Many interregional agreements and treaties are being consolidated in the region; however, there are many cases of irregular migration, which leads the migrant worker to be undocumented in the country of destination. The main problem experienced by these undocumented migrant workers is therefore the discrimination experienced by them in the destination country. This thesis will therefore analyze the discrimination experienced by undocumented migrant workers in Latin America, focusing on the situation of undocumented Haitian migrants in The Dominican Republic. For this analyses then, it will be first described the International and Regional Instruments to protect the Human Rights Violations of undocumented migrant workers. Further, an overview of the situation of these migrants will be provided, followed by a description of the violations suffered by Haitians in Dominican Republic. The main focus of the analysis of this thesis will be on the impact of the Inter- American System of Human Rights on the protection of undocumented migrant workers in Latin America. The main jurisprudence of this regional system analyzed in this thesis will be the Advisory Opinion on the Juridical Conditions of Undocumented Migrant Workers and their Access to Justice1. After this general analysis, it will be analyzed the impact of the Inter-American System of Human Rights on the protection of Undocumented Haitian migrant workers in Dominican Republic, focusing on the Provisional measures issued by the Inter-American Court of Human Rights concerning Haitians and Haitian-origin Dominicans in the Dominican Republic. Moreover, it will be examined an important case law on the right to nationality judged by the Inter-American Court of Human Rights concerning the problem.