Dominican Republic 2021 LGBTQ Index and Exhibits

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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE]

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INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION

OF LGBTQ INDIVIDUALS IN DOMINICAN REPUBLIC

TAB SUMMARY GOVERNMENTAL SOURCES 1. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Dominican Republic Country Reports on Human Rights Practices – 2020 (Mar. 30, 2021), available at: https://www.state.gov/wp-content/uploads/2021/03/DOMINICAN- REPUBLIC-2020-HUMAN-RIGHTS-REPORT.pdf • “Significant human rights issues included: reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; harsh and life-threatening prison conditions; arbitrary detention; serious problems with the independence of the judiciary; arbitrary interference with privacy; criminal libel for individual journalists; serious government corruption; trafficking in persons; and police violence against lesbian, gay, bisexual, transgender, and intersex persons.” (p. 1) • “Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.” (p. 25)

2. Immigration and Refugee Board of Canada, Dominican Republic: Situation and treatment of sexual and gender minorities by society and authorities, including legislation, state protection and support services (Jul. 15, 2020), available at: https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=458141 • “However, according to the ILGA World report, "[a]rticle 210 of the 1966 Police Justice Code (Código de Justicia de la Policía) still outlaws sodomy among members of the police forces" (ILGA World Dec. 2019, 34).” (p. 2) • “Between January 2008 and September 2018, there were 42 reported murders of transgender and gender-diverse people in the Dominican Republic (TGEU 2018). Amnesty International indicates that, according to TRANSSA, 47 transgender women have been killed since 2006 in the Dominican Republic (Amnesty International 2019, 6).” (p. 8) • “According to the report by Sin Violencia LGBTI, there were 28 reported homicides of LGBTI persons in the Dominican Republic from 2014 to June 2019 (Sin Violencia LGBTI Aug. 2019, 23).” (p. 8) • “The TRANSSA and ODHGV report notes that transgender persons in the Dominican Republic experience a [translation] "high level" of discrimination and exclusion, which can be exacerbated by other factors such as being of African descent (TRANSSA and ODHGV [2018], 6). The Amnesty International report on the treatment of women engaged in sex work in the Dominican Republic notes that trans women face a "significant risk" of murder (Amnesty International 2019, 11).” (p. 7-8) • “Sources report that LGBT persons in the Dominican Republic experience police abuse (Bertelsmann Stiftung 2020, 12; CLGBTTI [2018], 2; US 11 Mar. 2020, 22). US Country Reports 2019 states that NGOs reported "police abuse, including arbitrary arrest, police violence, and extortion against LGBTI persons" (US 11 Mar. 2020, 22). According to the CLGBTTI report, LGBT persons have reported being victims of arbitrary arrests (CLGBTTI [2018], 3). The TRANSSA and ODHGV report indicates that LGBT persons experience discrimination when interacting with state authorities (TRANSSA and ODHGV [2018], 4). According to the same report, restrictions on access to basic rights for LGBT people, including healthcare and access to justice, are [translation) "influenced and/or condoned by authorities" (TRANSSA and ODHGV [2018], 4). (p. 9) • “The TRANSSA and ODHGV report indicates that authorities are [translation) "unable" to protect transgender women's access to justice (TRANSSA and ODHGV [2018], 5). The same source notes that police, doctors, and state officials have bias and disregard LGBT human rights (TRANSSA and ODHGV [2018], 5).” (p. 9) • “The Amnesty International report indicates that "[m]ost of the transgender women [sex workers, interviewed by Amnesty International] had been subjected to discriminatory and violent actions by the police that could amount to torture or other ill-treatment, typically focused on their gender-identity or expression" (Amnesty International 2019, 7). TRANSSA and ODHGV report that the police carry out [translation] "so-called 'raid operations'" on transgender women and, while they are detained, their rights are not respected, and they are robbed, raped and placed in cells with cisgender men (TRANSSA and ODHGV [2018], 10).” (p. 10) • “The BTI 2020 reports that "[m]ost cases of violence against LGBTQ people are not addressed by the authorities" (Bertelsmann Stiftung 2020, 12). Similarly, the FUNCEJI and CEB-LGBT report indicates that LGBT Dominicans lack access to justice and that there is impunity for those who violate the rights of LGBT persons (FUNCEJI and CEB-LGBT 2018, 3).” (p. 15) • “Sources report that LGBT persons in the Dominican Republic encounter violence (Freedom House 2019, Sec. F4; FUNCEJI and CEB-LGBT 12 July 2018, 3). A 2018 report, which was presented to the UN Human Rights Committee by the LGBTTI coalition of the Dominican Republic (CLGBTTI) [1], indicates that LGBT persons face physical violence and psychological abuse in the family sphere (CLGBTTI [2018], 2). The FUNCEJI and CEB-LGBT report indicates that LGBT Dominicans face hate crimes (FUNCEJI and CEB- LGBT 12 July 2018, 3).” (p. 8) • “LGBT persons are refused care or treated [translation] "poorly" in health service centers (Corresponsales Clave 22 Aug. 2018). According to the TRANSSA and ODHGV report, there is the view in the Dominican Republic that all persons who are LGBT have HIV and, as a result, doctors and nurses will refuse to treat LGBT people (TRANSSA and ODHGV [2018], 9). The FUNCEJI and CEB-LGBT report notes that many LGBT persons, particularly transgender persons, do not go to health centers or hospitals due to previous experiences with stigmatization by health care providers (FUNCEJI and CEB- LGBT 2018, 4).” (p. 14) • “TRANSSA and ODHGV also indicate that hormone therapy and gender- affirming treatment is not available for transgender persons in the Dominican Republic” (p. 14) • “The ILGA World report indicates that there is no legal recognition of adoption, marriage or civil unions for same-sex partners in the Dominican Republic (ILGA World Dec. 2019, 140-141, 171).” (p. 5) • “In a 2019 report on sexual and reproductive health and rights in the Dominican Republic, Human Rights Watch (HRW) notes that, based on interviews with five LGBT children and young adults, LGBT youth report experiencing bullying and discrimination at school because of their sexual orientation (HRW June 2019, 24).” (p. 13) 3. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Dominican Republic Country Reports on Human Rights Practices – 2019 (Mar. 11, 2020), available at: https://www.state.gov/wp-content/uploads/2020/02/DOMINICAN- REPUBLIC-2019-HUMAN-RIGHTS-REPORT.pdf • “Significant human rights issues included reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; arbitrary detention; harsh and life-threatening prison conditions; arbitrary interference with privacy; serious problems with the independence of the judiciary; criminal libel for individual journalists; serious government corruption; police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and forced and child labor.” (p. 1) • “In March, Amnesty International released a report detailing incidents of police rape and abuse of transgender sex workers (see also section 1.c.). Other NGOs reported police abuse, including arbitrary arrest, police violence, and extortion against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society to the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.” (p. 22) • “Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.” (p. 22)

4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Dominican Republic Country Reports on Human Rights Practices – 2018 (Mar. 13, 2019), available at: https://www.state.gov/wp-content/uploads/2019/03/DOMINICAN- REPUBLIC-2018.pdf

• “Human rights issues included reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; arbitrary detention; harsh and life-threatening prison conditions; arbitrary interference with privacy; criminal libel for individual journalists; corruption; police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and forced labor and child labor.” (p. 1) • “NGOs reported police abuse, including arbitrary arrest, police violence, and extortion, against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society before the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.” (p. 23-24) • “NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in such areas as health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.” (p. 24) • “The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to LGBTI persons, especially transgender persons; against HIV/AIDS- positive persons; and against persons with disabilities, persons of darker skin color, and women (see section 6).” (p. 28) • “Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services.” (p. 23) INTER-GOVERNMENTAL SOURCES

5. United Nations General Assembly Human Rights Council, Compilation on the Dominican Republic, U.N. Doc. A/HRC/WG.6/32/DOM/2 (Dec. 13 2018), available at: https://documents-dds- ny.un.org/doc/UNDOC/GEN/G18/339/19/PDF/G1833919.pdf?OpenElement • “The Human Rights Committee was concerned at reports of discrimination, violence and assault, including by the police, against lesbian, gay, bisexual, transgender and intersex persons, and in particular at the high rate of violence against transgender persons” (p. 3)

6. Bluhm Legal Clinic Center for International Human Rights, Northwestern Law et al., Violations of Economic, Social and Cultural Rights of Persons with Diverse Sexual Orientations and Gender Identities in the Dominican Republic (Aug. 2016), available at http://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/DOM/INT_CESCR_ CSS_DOM_25002_E.pdf • “A very profound form of violence and discrimination in the health care sector is the continuing practice of ‘conversion’ therapy. Under the false premise that homosexuality is an illness or mental deviation that can be treated and cured, ‘conversion’ therapy purports to ‘cure’ people of the homosexuality.” (p. 4) • “Persons in the Dominican Republic with diverse sexual orientations and gender identities face the constant threat of violence, discrimination and harassment, as a result of the pervasive climate of homophobia and transphobia and the failure of the State to promote tolerance and to prohibit, prosecute and punish acts of violence and discrimination.” (p. 6) • “A local NGO has documented 17 cases of police violence or discrimination against transgender women who work as sex workers just during the period from December 2013 to October 2014. These cases include instances of arbitrary arrest (sex work is not illegal in the Dominican Republic), police violence, and extortion. Transgender women detained by the police have been forced to remove their clothing and their wigs; in some cases, the police have cut off their hair as a form of humiliation.” (p. 7) • “While transgender people are particularly vulnerable to violence, gay men, lesbians and bisexual individuals have also been the victims of hate crimes. Their own family members may react with violence when they learn of the person’s sexual orientation.” (p. 7) • “Lesbians have experienced harassment, violence, death threats and rape, including rape intended to ‘correct’ their sexual orientation.” (p.7)

NON-GOVERNMENTAL SOURCES

7. 60% of Dominicans Reject Homosexuals, According to Study, TRANSSA (Apr. 10, 2021), available at: https://transsa.org/2021/04/10/el-60-de-los-dominicanos-rechaza-a-los- homosexuales-segun-estudio/ • “According to data provided by the Dominican Diversity organizations and the ASA Volunteer Network (RevASA), as a result of a study carried out in 2015, 60 percent of the Dominican population rejects gay people, and 59% define homosexuality as a conduct that should be sanctioned.” (p. 2) • “The Report of the LGBTTI Coalition (CLGBTTI) of the Dominican Republic reveals that members of the National Police and the military corps commit illegal arrests, extortion and even rape of the LGBTTI population.” (p. 4) • “In the study conducted by the Dominican Diversity institution, about 30 percent of gay, lesbian, trans and transgender people in Santo Domingo have experienced job discrimination, a situation that makes it difficult for them to support themselves economically.” (p. 3)

8. ILGA, LGBulletin # 184 – The Week in LGBTI News (5-11 Feb 2021) (Feb. 12 2021), available at: https://ilga.org/lgbti-news-184-ilga-feb-2021 • “Despite the lack of official data collection on hate crime cases, a report has shown that at least 11 LGBT persons were reported murdered in the Dominican Republic (https://transsa.org/2020/12/30/informe-sobre-situacion-dehomicidio- de-lesbianas-gay-bisexuales-trans-e-intersex-en-la-republicadominicana-2019- 2020/) between July 2019 and July 2020.” (p. 22)

9. [Excerpt] Amnesty International, Amnesty International Report 2020/21 (2021), available at: https://www.amnesty.org/download/Documents/POL1032022021ENGLISH.PDF • “Women facing discrimination on multiple and intersecting grounds, such as transgender women and low-income cisgender women, continued to experience discrimination in accessing formal employment and many continued to sell sex as their primary method of income.” (p. 144) • “Following the implementation of the evening curfew in March, many transgender sex worker women were unable to work, which left many of them struggling to pay rent and without access to key social protections such as a range of health services, according to the NGO Transsa. Although the authorities put in place financial assistance programmes for workers, sex workers faced barriers when trying to access them.” (p. 144) • “The authorities also failed to implement a national protocol for the investigation of torture, despite evidence presented to the authorities by Amnesty International in 2019 that the police routinely raped, beat and humiliated women engaged in sex work in acts that may amount to torture or other ill- treatment". (p. 144) 10. [Excerpt] ILGA, State Sponsored Homophobia (Dec. 2020), available at: https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global _legislation_overview_update_December_2020.pdf • “Article 210 of the Police Justice Code (1966) still outlaws sodomy (defined as a “sexual act between persons of the same-sex”) among members of police forces.” (p. 95)

11. Freedom House, Freedom in the World 2020 (2020), available at https://freedomhouse.org/country/dominican-republic/freedom-world/2020 • “LGBT+ people suffer from violence and discrimination as well as discrimination in employment, education, and health services. They are still barred from working in certain public sectors, such as the police and armed forces.” (p. 16) • “An Amnesty International report released in March 2019 found that “police in the Dominican Republic routinely rape, beat, humiliate and verbally abuse” cisgender and transgender women sex workers as a means of punishing them for “transgressing social norms of acceptable femininity and sexuality.”” (p. 17) • “Discriminatory attitudes and occasional acts of targeted violence against LGBT+ people discourages their political participation.” (p. 8) • “Discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT+ people, remains a serious problem.” (p. 2)

12. Bertelsmann Stifung, BTI 2020, Dominican republic (2020), available at https://www.bti- project.org/content/en/downloads/reports/country_report_2020_DOM.pdf • “The civil rights of gays and lesbians are also a serious concern and these groups are often harassed by police and discriminated against in society at large. Most cases of violence against LGBTQ people are not addressed by the authorities.” (p. 12) • “Police violence continues to be a serious civil rights problem in the country and the national police is one of the least trusted state institutions in the country. Groups such as Dominican-Haitians and LGBT people are particularly vulnerable to police abuse.” (p. 12) • “Anti-government protests are generally tolerated. Civil society organizations and researchers working for the rights of Haitians and Dominican-Haitians do at times encounter interference in their affairs and harassment from state officials and politicians, and the same is the case for groups working for equal rights of gays and lesbians, where the state may interfere if pressured by the Catholic Church.” (p. 9) • “Catholic and Evangelical churches are well-organized and in various alliances seek, often successfully, to halt progressive developments and effective protection of rights for LGBTQ persons and women on the issue of abortion.” (p. 6) 13. Amnesty International, If They Can Have Her, Why Can’t We? (Mar. 28 2019), available at: https://www.amnestyusa.org/reports/if-they-can-have-her-why-cant-we/ • “The report also details how women sex workers who live with multiple discriminated identities – such as transgender women – experience even more pronounced exclusion and are at greater risk of torture from the state and individuals.” (p. 4) • “Transgender women reported being called “fags” and “devils” by police officials, and said they believed they were viewed as “aliens” or “animals”. Multiple transgender women reported that police had burned their wigs or forced them to clean prison cells covered in excrement to punish them.” (p. 4) • “Most of the transgender women had also suffered discriminatory and violent actions (typically focused on their gender-identity or expression) at the hands of the police, that could amount to torture or other ill-treatment.” (p. 3) • “Impunity for sexual torture is typical. The Dominican Republic fails to collect any data that would help determine the scope and severity of the problem of gender-based torture and ill-treatment by police, which is an essential step to combatting and holding perpetrators account for such grave violence. This impunity fuels the normalization of such crimes by the authorities, as well as by victims themselves in some Cases.” (p. 4)

14. Freedom House, Freedom in the World 2019 (2019), available at https://freedomhouse.org/country/dominican-republic/freedom-world/2019 • “LGBT people suffer from violence and discrimination. They are still barred from working in certain public sectors, such as the police and armed forces.” (p. 15) • “Pervasive corruption undermines state institutions, and discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT (lesbian, gay, bisexual, and transgender) people, remains a serious problem.” (p. 2) • “Discriminatory attitudes and occasional acts of targeted violence against LGBT people discourages their political participation.” (p. 8) 15. [Excerpt] Amnesty International, Dominican Republic 2017/2018 (Feb. 22 2018), available at https://www.amnesty.org/download/Documents/POL1067002018ENGLISH.PDF • “The Dominican Republic continued to lack legislation to combat hate crimes. In June, the body of a transgender woman, Rubi Mori, was found dismembered in wasteland. By the end of the year, no one had been brought to justice for her killing.” (p. 150)

16. Freedom House, Freedom in the World 2018 (2018), available at https://freedomhouse.org/country/dominican-republic/freedom-world/2018 • “LGBT individuals suffer from violence and discrimination. They are still barred from working in certain public sectors, such as the police and armed forces.” (p. 13) • “the body of a transgender woman was found dismembered in the town of Higüey in June 2017.” (p. 13) • “Pervasive corruption undermines state institutions, and discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT (lesbian, gay, bisexual, and transgender) people, remains a serious problem.” (p. 2)

17. Amnesty International, Dominican Republic: Horrifying killing of transgender woman highlights need for protection against discrimination (Jun. 6, 2017), available at https://www.amnesty.org/en/latest/news/2017/06/dominican-republic-horrifying-killing- of-transgender-woman-highlights-need-for-protection-against-discrimination/ • “The body of Jessica Rubi Mori (whose legal name was Elvis Guerrero) a transgender sex worker and activist with community organization Este Amor (This Love), was found on 3 June 2017 in the eastern Dominican municipality of Higüey. Her body was found dismembered in a wasteland.” (p. 2) • “According to Cristian King, Executive Director of TRANSSA – Trans Siempre Amigas (Trans Always Friends), only four people have so far been convicted for the 38 cases of killings of transgender women that the organization has documented since 2006.” (p. 2) 18. [Excerpt] Amnesty International, Amnesty International Report 2016/17 (2017), available at: https://www.amnesty.org/download/Documents/POL1048002017ENGLISH.PDF • “Civil society organizations continued to report hate crimes against LGBTI people, particularly murders of transgender women.” (p. 144) MEDIA SOURCES

19. Amnesty International, “I Dream of a Queer Future.” A Conversation Between Two Activists on Transgender Day of Visibility”, TIME (Mar. 31, 2019), available at: https://time.com/5560498/international-transgender-day-of-visibility-2019/ • “Nairovi Castillo is executive director of the Community of Dominican Trans and Transvestite Sex Workers (COTRAVETD), an organization she co-founded in 2004.” (p. 2) • “I had a terrible childhood. I realized that I was a woman when I was still young, but my family never accepted it. When I was 13, they threw me out because of my sexual orientation. I started sleeping rough on the streets of Santo Domingo and taking psychoactive substances. The transitioning process to become a trans woman was very hard for me.” (p. 2) • “People called me a “faggot” for dressing as a woman.” (p. 3) • “I started working on my own, without a pimp, but, like all of us, I faced a lot of danger. I was stopped by the police almost every day. They beat me, they took my money and forced me to have oral sex with them. When I take off my clothes, I uncover all the scars of the ill treatment I’ve suffered. I can tell you the exact time and date I got each scar.” (p. 3) 20. Michaela Cavanagh, For Transgender People in the Caribbean. Stigma and Discrimination Can be Lethal, Gen (Dec. 7 2018), available at: https://gen.medium.com/for-transgender-people-in-the-caribbean-stigma-and- discrimination-can-be-lethal-68bcb81b97f3 • “In the Dominican Republic, 45 trans women, many of them sex workers, have been killed since 2006. This year, three trans women have been murdered. One 13-year-old who identified as a trans girl was found raped, beaten, and strangled with a bedsheet. In another case, a sex worker of Haitian descent was found on the side of the road, gruesomely beaten and with a fatal head injury”” (p. 5) • “She knows of four trans women who died of HIV this year alone. “We had to bring the last woman who died to the hospital ourselves, because when we called 911, emergency services refused to enter her house and bring her to the hospital by ambulance because she was trans,” she says. “When we finally got her to the hospital, she died from lack of treatment.”” (p. 2-3) • “homophobia and transphobia not only prevent transgender women from accessing life-saving HIV treatment but also abet a “near-complete exclusion” from society,making it practically impossible to keep an apartment, get an education, or hold down a job.” (p. 3) • “Police and federal authorities rarely take violations against LGBT people seriously, allowing attackers to act with impunity.” (p. 5-6) 21. Killing of transgender woman in Dominican Republic highlights need for protection against discrimination, CNW Network (Jun. 8, 2017), available at: https://www.caribbeannationalweekly.com/news/killing-transgender-woman- dominican-republic-highlights-need-protection-against-discrimination/ • “The horrifying killing of a transgender woman in the Dominican Republic –the second such killing this year and 38th since 2006 – highlights the extreme violence faced by many transgender women in the country and the need for strengthened legal protection for discriminated groups, said Amnesty International.” (p. 1) • “The body of Jessica Rubi Mori (whose legal name was Elvis Guerrero) a transgender sex worker and activist with community organization Este Amor (This Love), was found on 3 June 2017 in the eastern Dominican municipality of Higüey. Her body was found dismembered in a wasteland.” (p. 1) • “More than 35 percent of transgender sex workers had experienced physical violence walking on the street, more than 40 percent had suffered physical violence by clients, and more than 20 percent, physical violence by a partner. Eighty percent had been arrested or detained at least once, and 36 percent had exchanged sex with police officers to avoid being arrested.” (p. 2-3) 22. Michael K. Lavers, Hotel Murder Sparks Concern Among Dominican LGBT Activists, Washington Blade (Dec. 17 2016), available at: https://www.washingtonblade.com/2016/12/17/hotel-murder-sparks-concern-among- dominican-lgbt-activists/ • “Reports indicate a gay man was killed this week at a beachfront hotel in the Dominican Republic.” (p. 1) • “Feliz told the Washington Blade that Jiménez’s murder is the latest in a series of events that have sparked concern among the local LGBT community.” (p. 2) • “He said officers with the Dominican National Police in September arrested more than a dozen transgender sex workers and their clients in the city of La Romana. Feliz told the Blade the arrests took place after Evangelical churches complained they were “disturbing public order.”” (p. 2)

23. Michael K. Lavers, Ambassador urges Dominican officials to investigate park arrests, Washington Blade (Oct. 4 2016), available at http://www.washingtonblade.com/2016/10/04/ambassador-urges-dominican-officials- investigate-park-arrests/ • “Cristian Ramírez, a Dominican LGBT rights activist, told the Washington Blade that more than 25 people were arrested “without explanation.” Rosanna Marzan, director of Diversidad Dominicana, an LGBT advocacy group, said most of those who were taken into custody were young men who were “very obviously” gay or black.” (p. 2) • “”The National Police has not said what the motive or reason was,” said Feliz. “Everything points to the fact that they were gay. It’s that simple.’” (p. 2) • “Ramírez told the Blade he has heard the arrests are part of an effort to “remove gays from the area” that will continue through the end of the year. He said authorities have “said nothing.’” (p. 2)

24. Brendan O’ Boyle, A Shaken Dominican LGBT Community Finds Strength After Orlando, Americas Quarterly (Jul. 13, 2016), available at http://www.americasquarterly.org/content/shaken-dominican-lgbt-movement-finds- strength-after-tragedy • “…the attack underscored the discrimination many LGBT activists feel in their own, largely conservative society. In a particularly ill-timed display of opposition to LGBT equality, hundreds marched in the capital of Santo Domingo against same- sex marriage on the day after the attack.” (p. 1-2) • “Deivis Ventura, an activist who in May ran to become his country’s first openly gay congressman and provide a voice for LGBT people in Dominican politics, told AQ that LGBT Dominicans don’t have much in the way of government support. ‘The government stays silent on our issues, which is very dangerous,’ he said.” (p. 2) • “There was a lot of fear after what happened in Orlando, and we saw a lot of hate comments toward the community on social media,” Cristian Ramírez, a volunteer coordinator for the LGBT advocacy group Amigos Siempre Amigos, told AQ.” (p. 2) • “Ramírez, meanwhile, points to the many areas where work needs to be done, such as police harassment of gays and a campaign to pass a gender identity law and educate the public on the challenges faced by transgender people.” (p. 3-4)

Dated: [DATE] Respectfully submitted, [CITY, STATE] [FIRM] Pro Bono Counsel for Respondent______

By: ______[NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER]

Tab 1

DOMINICAN REPUBLIC 2020 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

The Dominican Republic is a representative constitutional democracy. In July, Luis Abinader of the Modern Revolutionary Party was elected president for a four- year term. Impartial outside observers assessed the election as generally free, fair, and orderly.

The National Police are under the minister of interior and police and in practice report to the president. The Airport Security Authority, Port Security Authority, Tourist Security Corps, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Armed Forces and through that ministry to the president. The National Drug Control Directorate, which has personnel from both police and armed forces, reports directly to the president, as does the National Department of Intelligence. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; harsh and life-threatening prison conditions; arbitrary detention; serious problems with the independence of the judiciary; arbitrary interference with privacy; criminal libel for individual journalists; serious government corruption; trafficking in persons; and police violence against lesbian, gay, bisexual, transgender, and intersex persons.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially among senior officials.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

Extrajudicial killings of civilians by officers of the National Police were a problem. According to government data, more than 3,000 individuals died during confrontations with police or security forces between 2007 and March 2019. The

DOMINICAN REPUBLIC 2 exact number of extrajudicial killings was unknown. The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police, including killings. Separately, the district attorney has authority to investigate and prosecute criminal misconduct by members of the National Police. The government stated it was unaware of any extrajudicial killings during the year and added that any such cases would be investigated for possible prosecution. Media and civil society acknowledged that many cases went unreported due to a lack of faith in the justice system to pursue charges.

The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported on extrajudicial killings by police, with several tied to the nightly curfew imposed by the government in response to the COVID-19 pandemic. Unlike in previous years, the NHRC did not report detailed statistics on extrajudicial killings by the national police. The NHRC did, however, highlight several troubling incidents of individuals killed or injured by police for apparent curfew violations. In September a motorcycle police officer shot two persons riding a motorcycle after curfew in Santo Domingo. In April an 11-year-old bystander was killed in her home during a shootout between police and individuals out in violation of the curfew. b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits torture, beating, and physical abuse, there were reports that security force members, primarily police, carried out such practices.

In May sex workers in Santo Domingo reported to news outlets that police officers routinely beat them as the sex workers attempted to work in violation of COVID- 19 prohibitions.

Impunity was a problem within certain units of the security forces, particularly the national police. The government largely failed to respond to questions regarding internal controls and investigations among the security forces. Through September 1, the government reported a single instance of excessive force by a police officer. It further claimed that all arrests complied with constitutional protections. The

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 3 government used training to combat official impunity. The national police offered specialized training on human rights as part of their continuing education courses.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in new-model prisons (correctional rehabilitation centers, or CRCs) to harsh and life threatening in old-model prisons.

Physical Conditions: Gross overcrowding was a problem in old-model prisons. The Directorate of Prisons reported that as of September there were 16,614 prisoners in old-model prisons and 9,986 in CRCs. This ratio remained constant for the past several years because old-model prisons were not phased out. La Victoria, the oldest prison, held 7,236 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at every old-model prison exceeded capacity, while only one of the 22 CRCs was over capacity.

Police and military inmates received preferential treatment and were held in their own separate facilities, as were prisoners with the financial means to rent preferential bed space and purchase other necessities in old-model prisons.

According to the Directorate of Prisons, military and police personnel guarded old- model prisons, while a trained civilian corps guarded CRCs. Reports of mistreatment and violence in old-model prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some old- model prisons remained effectively outside the control of authorities, and there were reports of drug trafficking, arms trafficking, prostitution, and sexual abuse in those prisons. Wardens at old-model prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not do so.

In August a journalist released an investigative report showing overt corruption and drug trafficking in La Victoria Prison. Posing as an inmate, he used a hidden camera to record police and prison leadership collecting bribes weekly from inmates. His recordings also showed how guards allowed drugs to be trafficked through the prison. In response to the report, the government dismissed 18 officials, including the warden, certain administrative personnel, and the police officers in charge.

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In old-model prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because no beds were available. Prison officials did not separate sick inmates. After a series of complaints, authorities transferred prisoners with COVID-19 symptoms to separate facilities for treatment. Delays in receiving medical attention were common in both the old-model prisons and CRCs.

All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or outside associates to provide medications. Illness was the primary cause of deaths reported in the prison system. According to the Directorate of Prisons, all prisons provided treatment for HIV and AIDS, but the NHRC stated that none of the old-model prisons was properly equipped to provide such treatment. As of September more than 900 prisoners had contracted COVID- 19, resulting in 17 deaths.

In CRCs and certain old-model prisons, a subset of the prison population with mental disabilities received treatment, including therapy, for their conditions. In most old-model prisons, however, the government did not provide services to prisoners with mental disabilities. In general the mental-health services provided to prisoners were inadequate or inconsistent with prisoners needs.

The government reported it had installed wheelchair ramps in some prisons for prisoners with physical disabilities. NGOs claimed the majority of prisons still did not provide access for inmates with disabilities.

Administration: Authorities investigated credible allegations of mistreatment.

Independent Monitoring: The government permitted visits to and monitoring of prisons by independently funded and operated nongovernmental observers, international organizations, and media. The NHRC, National Office of Public Defense (NOPD), Attorney Generals Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits. In October the NHRC opened a permanent office in the countrys largest prison. Access to migrant detention centers for monitoring, however, was not systematically granted to human rights organizations.

Improvements: In August the government inaugurated the New Victoria prison, a large CRC scheduled to replace the overcrowded Victoria prison. As of September

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 5 the transfer of prisoners from the old Victoria prison to the New Victoria prison had not begun. d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a crime or in other special circumstances. The law permits detention without a charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems. There were reports of individuals held and later released with little or no explanation for the detention. NGOs reported detainees were often taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

Arrest Procedures and Treatment of Detainees

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. Nonetheless, there were reports of detainees who remained in police stations for long periods of time, even weeks, before being transferred to a prison. Police stations did not have adequate physical conditions or the resources, including food, to provide for detainees for an extended period.

The law permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest.

The law requires provision of counsel to indigent defendants, but staffing levels were inadequate to meet demand. In theory the NOPD provided free legal aid to those who could not afford counsel, but many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer due to inadequate staffing. Prosecutors and judges handled interrogations of juveniles, since the law prohibits interrogation of juveniles by or in the presence of police.

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Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high- crime communities during which they arrested and detained individuals without warrants. During these operations police detained large numbers of residents and seized personal property allegedly used in criminal activity.

The International Organization for Migration (IOM) reported cases of Haitian migrants and their children, as well as Dominicans of Haitian descent, being detained and deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences. There were also reports of deportations of unaccompanied children and of women who left children behind. The IOM reported that due to training they provided to migration officials, the number of erroneous deportations of documented and vulnerable persons fell by 58 percent over the past four years.

Civil society organization representatives said the government informally deported individuals by taking them across the border without documentation. The IOM reported that the General Directorate of Migration referred to these cases as devolutions or not admitted and that there was no due process in these operations. The IOM worked with the government to establish a system for nonadmitted persons.

Pretrial Detention: Many suspects endured long pretrial detention. A judge may order detention between three and 18 months. According to the Directorate of Prisons, as of September, 62 percent of inmates in old-model prisons were in pretrial custody, compared with 53 percent of prisoners in CRCs. The average pretrial detention time was three months, but there were reports of pretrial detention lasting more than three years, including cases involving foreign citizens. Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court. In other cases their lawyer, codefendants, interpreters, or witnesses did not appear or were not officially called by the court to appear. Despite protections for defendants in the law, in some cases authorities held inmates beyond the legally mandated deadlines, even when there were no formal charges against them. e. Denial of Fair Public Trial

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The law provides for an independent judiciary; however, the government did not respect judicial independence and impartiality. Improper influence on judicial decisions was widespread. Interference ranged from selective prosecution to dismissal of cases amid allegations of bribery or undue political pressure. The judiciary routinely dismissed high-level corruption cases. The NOPD reported the most frequent form of interference with judicial orders occurred when authorities refused to accept writs of habeas corpus to release detainees. Corruption of the judiciary was a serious problem.

Trial Procedures

The law provides for the right to a defense in a fair and public trial; however, the judiciary did not always enforce this right. The courts sometimes exceeded the maximum period of time established by the law for setting hearing dates.

The law provides for a presumption of innocence. The District Attorneys Office is required to notify defendants and their attorneys of criminal charges. Defendants have the right to be present at their trial and to consult with an attorney in a timely manner. The indigent have the right to a public defender, but the director of the NOPD stated the number of public defenders was insufficient. Defendants have the right to adequate time and facilities to prepare a defense. The law provides for free interpretation as necessary. The law provides for the right to confront or question witnesses and the right against self-incrimination. Defendants have the right to present their own witnesses and evidence. The constitution provides for the right to appeal and prohibits higher courts from increasing the sentences of lower courts.

Military and police tribunals share jurisdiction over disciplinary cases involving members of the security forces. Military tribunals have jurisdiction over cases involving violations of military rules and regulations. Civilian criminal courts handle cases of killings and other serious crimes allegedly committed by members of the security forces.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

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There are separate court systems for criminal law, commercial law, civil law, labor law, real estate law, and administrative law. Commercial and civil courts reportedly had lengthy delays in adjudicating cases, although their ultimate decisions were generally enforced. As in criminal courts, undue political and economic influence in civil court decisions was a problem.

Citizens have recourse to file an amparo, an action to seek redress of any violation of a constitutional right, including violations of fundamental rights. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Despite these limits on government authority, police conducted illegal searches and seizures, including many raids without warrants on private residences in poor neighborhoods.

During the months leading up to the national elections in July, human rights groups, opposition politicians, and journalists critical of the government alleged that the Medina administration used unauthorized wiretaps, monitored private email, and used other surreptitious methods to interfere with the private lives of individuals and families. The Medina administration denied this. Opposition political parties alleged that Medina administration officials at times threatened subordinates with loss of employment or offered benefits to compel them to support Dominican Liberation Party candidates.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. Media expressed a wide variety of views, but the government frequently influenced the press, in part through its large advertising budgets. The concentration of media ownership, weaknesses in the judiciary, and political influence also limited medias independence.

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Freedom of Speech: Individuals and groups were generally able to criticize the government publicly and privately without reprisal, although there were several incidents in which authorities intimidated members of the press. In September the new administration allegedly violated freedom of expression when it dismissed a government whistleblower within the Ministry of Culture after she informed media of the allegedly arbitrary dismissal of several civil service staff within the ministry. The Ministry of Culture never directly addressed or explained these dismissals.

In another instance several media outlets reported that press was granted only limited access to public government events. Media outlets with reporters assigned to the national palace stated they were not informed on time nor given access to public meetings held by the president or his cabinet members. When press representatives requested an explanation for these actions, they were told the events were private. Media also highlighted a lack of coordination by the palace communication team in providing the presidents public schedule and convening media to cover meetings. The Abinader administrations communication team met journalists to hear their complaints and find a solution.

Freedom of Press and Media, Including Online Media: The Dominican Association of Journalists reported at the start of the national COVID-19 lockdown that several journalists from the provinces of Santiago, Bahoruco, Mao, and Santo Domingo were stopped or prevented from transiting freely to report on the pandemic. The association requested the government to instruct police and military officers that journalists were essential workers who could transit after curfew and to avoid any aggression towards them. The government did not make any statement in response to this complaint, but it provided curfew passes for various kinds of workers, including media members, and cases decreased of security forces restricting the movement of journalists. The International Federation of Journalists reported an alleged beating by police officers of a radio journalist who protested for the freedom of a colleague who had allegedly violated the curfew in the province of San Pedro de Macoris. In November the Dominican Association of Journalists announced it would provide stickers and license plates from the organization to identify their members and facilitate identification of journalists by law enforcement.

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Censorship or Content Restrictions: The constitution provides for protection of the confidentiality of journalists sources and includes a conscience clause allowing journalists to refuse reporting assignments. Journalists practiced self-censorship, particularly when coverage could adversely affect the economic or political interests of media owners. Observers suggested the government influenced the press through advertising contracts. In July during the presidential transition period, the governments communications directorate published expense reports for the outgoing administration. Journalists and observers criticized government spending on advertisements, which according to official figures reached approximately $18.5 million over eight years, describing it as a strategy to influence journalists speech.

In December 2019 the former attorney generals sister sued a well known journalist for slander after his investigative report alleged that she received no-bid government contracts worth 750 million pesos ($13 million), positioning the company she represented as the sole supplier of asphalt products to the government. The journalist demonstrated that at the time the contracts were signed, the sister was a paid employee of the Ministry of Public Works and Communications. Several preliminary hearings took place during the following months with limited press access, but the trial did not formally start due to COVID-19 restrictions. The lawsuit was withdrawn on August 13, three days before the new administration took office.

In February the Supreme Court upheld a guilty verdict for libel and defamation against a television and online journalist in a case brought by the former president of the lower house of congress. Although it affirmed the verdict, the Supreme Court reduced the damage award from approximately $120,000 to $85,000. The plaintiff, who was the sister of former president Danilo Medina, filed the lawsuit in

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2017 alleging the defendant had impugned her honor by insinuating she was involved in a romantic relationship with the former head of the national police.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content without appropriate legal authority; however, there were allegations the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

In June, Afro-Dominican and nationalist groups clashed at a Santo Domingo vigil organized in solidarity with worldwide Black Lives Matter protests. Police dispersed the crowd and arrested organizers of both groups for violating government restrictions on public events during the coronavirus pandemic. Civil society observers denounced perceived unequal treatment during the arrests, stating police treated the Afro-Dominican leaders more roughly. The head of the attorney generals Human Rights Office intervened to ensure the quick release of leaders from both groups and no charges were filed. c. Freedom of Religion

See the Department of States International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/. d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions.

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In-country Movement: Civil society representatives reported that citizens of Haitian descent, those perceived to be Haitian, and Haitian migrants faced obstacles while traveling within the country. NGO representatives reported that security forces at times asked travelers to show immigration and citizenship documents at road checkpoints throughout the country. Citizens of Haitian descent and migrants without valid identity documents reported fear of swift deportation when traveling within the country, especially near the border with Haiti (see also section 1.d.). e. Status and Treatment of Internally Displaced Persons

Not applicable. f. Protection of Refugees

The government cooperated in a limited manner with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Government officials reported 14,050 Venezuelans migrants, of whom 60 percent had expired documentation, registered under a temporary status with the government. The government and NGOs estimated an additional 100,000 Venezuelans lived in the country in an irregular migration status. In December 2019 the government instituted a regulation requiring Venezuelans to apply for a tourist visa before entering the country. Previously, Venezuelans needed only a valid passport and could receive a tourist visa at the point of entry. Many Venezuelans resident in the country entered legally before the new regulation and stayed longer than the three-month allowance.

The government did not issue guidelines to facilitate the regularization of status for Venezuelans living in the country. The inability to apply for in-country adjustment of status hindered Venezuelans access to basic services and increased their vulnerability to labor exploitation and trafficking. Venezuelan refugee and immigrant associations, with the support of the IOM, UNHCR, and Coordination Platform for Refugees and Migrants from Venezuela (R4V Platform), coordinated with the government and civil society organizations to provide public-health and legal services for Venezuelan refugees and migrants. The R4V Platform is a regional interagency platform, led by IOM and UNHCR, for coordinating the humanitarian response for refugees and migrants from Venezuela.

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Refoulement: There were reports of persons potentially in need of international protection being denied admission at the point of entry and subsequently being deported to their countries of origin without being granted access to the asylum process (see also section 1.d.).

Access to Asylum: Presidential decrees from the 1980s established a system for granting asylum or refugee status; however, the system was not implemented through legislation and regulations. The constitution prohibits administrative detention for asylum seekers, and the law establishes that asylum seekers should not be detained under any circumstance. The system for providing protection to refugees was not effectively implemented. The government recognized and issued identity documents to very few refugees during the past few years. Rejection rates for asylum claims were close to 100 percent, and asylum applications often remained pending for several years.

The National Commission for Refugees (CONARE), an interministerial body led by the Ministry of Foreign Affairs, is responsible for adjudicating asylum claims. The adjudication process requires individuals to apply for asylum within 15 days of arrival in the country. If an asylum seeker is in the country for more than 15 days without applying for asylum, the individual permanently loses the right to apply for asylum. The law also rejects any asylum application from an individual who was in, or who proceeds from, a foreign country where the individual could have sought asylum. Thus the government makes inadmissibility determinations administratively before an asylum interview or evaluation by CONARE.

NGOs working with refugees and asylum seekers reported there was no information posted at ports of entry to provide notice of the right to seek asylum, or of the timeline and process for doing so. Furthermore, NGO representatives reported that immigration officials did not appear to understand how to handle asylum cases consistent with the countrys international commitments. By law the government must provide due process to asylum seekers. Persons expressing a fear of return to their country of nationality or habitual residence should be allowed to apply for asylum under the proper procedures. Nonetheless, there was generally neither judicial review of deportation orders nor any third-party review of credible fear determinations.

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 14 appeal process. Rejected applicants received a letter saying they had 30 days to leave the country voluntarily. According to government policy, from the time they receive the notice of denial, rejected asylum seekers have seven days to file an appeal. The notice-of-denial letter does not mention this right of appeal.

UN officials stated a lack of due process in migration procedures resulted in arbitrary detention of persons of concern with no administrative or judicial review (see also section 1.d.). As a result, asylum seekers and refugees in the country were at risk of refoulement and prolonged detention.

UNHCR sponsored training for government authorities designed to ensure that asylum procedures were fair, efficient, and gender sensitive. Nevertheless, no significant improvements were observed in the system. According to refugee NGOs, CONARE does not acknowledge that the 1951 Refugee Convention definition of refugee applies to persons who express a well founded fear of persecution perpetrated by nonstate agents. This lack of acknowledgement had a detrimental effect on persons fleeing sexual and gender-based violence, trafficking, sexual exploitation, and discrimination due to their sexual orientation or gender identity.

Freedom of Movement: Persons claiming asylum often waited months to receive a certificate as an asylum seeker and to be registered in the government database. The certificate had to be renewed every 30 days in the national office in Santo Domingo, forcing asylum seekers who lived outside Santo Domingo to return monthly to the capital, accompanied by all their family members, or lose their claim to asylum. Asylum seekers with pending cases only had this certificate, or sometimes nothing at all, to present to avoid deportation. This restricted their freedom of movement. In cases where asylum seekers were detained for lack of documentation, refugee and human rights organizations were able to advocate for their release.

Some refugees recognized by CONARE were either issued travel documents that were not accepted in visa application processes, or they were not issued travel documents at all.

Employment: The government prohibited asylum seekers with pending cases from working. This situation was complicated by the long, sometimes indefinite waiting periods for pending asylum cases to be resolved. Lack of documentation also made it difficult for refugees to find employment. Employment was, nonetheless,

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Access to Basic Services: Approved refugees have the same rights and responsibilities as legal migrants with temporary residence permits. Approved refugees have the right to education, employment, health care, and other social services. Nonetheless, refugee organizations reported that problems remained. Only those refugees able to afford health insurance were able to access adequate health care. Refugees reported their government-issued identification numbers were sometimes not recognized, and thus they could not open a bank account or enter service contracts for basic utilities. Refugees sometimes had to rely on friends or family for such services.

Temporary Protection: A plan adopted in 2013, and which remained in force until 2014, enabled undocumented migrants in the country to apply for temporary legal residency. Although the exact number of undocumented migrants was unknown, the law granted temporary residency status to more than 260,000 applicants, 97 percent of whom were Haitian. As of August 2018, 196,000 persons had renewed temporary status, which was due to expire in 2020. Civil society organizations expressed concern that many plan participants lacked passports, which could hinder their ability to renew their status. Government and business closures to mitigate the spread of COVID-19 made it more difficult for recipients of this temporary protection to renew their status.

No temporary residence documents were granted to asylum seekers; those found to be admissible to the process were issued a certificate that provided them with protection from deportation but did not confer other rights. This certificate often took months to be delivered to asylum seekers. Due in part to this delay, both refugees and asylum seekers lived on the margins of the migration system. Foreigners often were asked to present legal migration documents to obtain legal assistance or to access the judicial system; therefore, the many refugees and asylum seekers who lacked these documents were unable to access legal help for situations they faced under criminal, labor, family, or civil law.

Refugees recognized by CONARE must undergo annual re-evaluation of their need for international protection, a procedure counter to international standards. Refugees were issued one-year temporary residence permits that could not be converted to a permanent residence permit. g. Stateless Persons

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The Inter-American Commission on Human Rights found that these legal revisions led to statelessness for the persons who lost their Dominican citizenship. UN officials and NGOs stated the legal changes had a disproportionate and negative impact on women and their children. They reported that mothers, especially unmarried mothers of Haitian origin, were unable to register their children on an equal basis with the fathers. The law requires a different birth certificate for foreign women who do not have documentation of legal residency. This led to discrimination in the ability of children born to foreign women and Dominican citizen fathers to obtain Dominican nationality, especially if they were of Haitian descent. This was not true in the reverse situation when children were born to a Dominican citizen mother and a foreign-born father.

These obstacles to timely birth registration, which is necessary to determine citizenship, put at risk childrens access to a wide range of rights, including the right to nationality, to a name and identity, and to equality before the law.

A 2014 law creates a mechanism to provide citizenship papers or a naturalization process to stateless persons. The exact mechanism depends on the documentary status of the individual prior to the 2010 change in the constitution. In practice the new documentation mechanism was only partially successful. Many stateless persons did not register for the mechanism before its deadline.

In July the outgoing government approved the naturalization of 750 individuals, the majority of whom were minors who were stripped of their citizenship by the 2013 Constitutional Tribunal ruling and who were known as Group B. These 750 persons from Group B were the first to be approved for naturalization since the 2014 law was passed.

Through a mechanism outlined in the law for individuals with other circumstances (commonly known as Group A), the government identified and then issued birth certificates and national identity documents to approximately 26,000 individuals. The government identified an additional 34,900 individuals as potentially being

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 17 part of Group A. As of December these individuals had not received an identity document confirming their Dominican nationality due to apparent concerns regarding the nature of the underlying documentation establishing citizenship. This placed them at a high risk of statelessness. The pool of individuals identified as potentially part of Group A extended back to individuals born as early as 1929. Because a number of those individuals had died or moved out of the country in the ensuing decades, the remaining number of eligible Group A individuals was likely substantially smaller than the 35,000 persons identified by the Central Electoral Board (JCE).

According to observers, many stateless individuals falling under the Group B profile were unable or unwilling to register for the naturalization process during the 180-day application window. As of October there was no way for this group to secure Dominican nationality. In addition there were other individuals born in the country at specific times and in specific circumstances connected to their parents who were in legal limbo related to their citizenship.

Dominican-born persons without citizenship or identity documents faced obstacles traveling both within and outside the country. Beginning in 2015, authorities attempted to deport some of these persons but were prevented by UN agency intervention. Stateless persons do not have access to electoral participation, formal-sector jobs, marriage registration, birth registration, formal loans, judicial procedures, state social protection programs, and property ownership. Their access to primary public education and health care was limited. In addition those able to receive an education do not receive official recognition, such as a diploma, for completed schooling.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal, direct, and equal suffrage. Active-duty police and military personnel are prohibited from voting or participating in partisan political activities.

Elections and Political Participation

Recent Elections: Municipal elections were scheduled to take place in February. On the day of the election, however, the JCE suspended the election due to the failure of the electronic voting system. According to subsequent reports by the Organization of American States (OAS) and the Inter-American Union of Electoral

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Organizations, the failure was due to the JCEs poor management of the electronic system, including the failure to audit and gradually implement it. The OAS report led to the dismissal of the JCEs national computing director. In March voters participated in rescheduled municipal elections. International and domestic observers described the rescheduled elections as largely free and fair.

Presidential and congressional elections were originally scheduled for May 15, but the JCE postponed these elections to July 5 due to the COVID-19 pandemic national state of emergency. In the July 5 election, Luis Abinader of the Modern Revolutionary Party was elected as president for a four-year term. This was the first time since 2000 that a member of the opposition party won a presidential election. The JCE did not announce final, official results for the presidential election until two days after the election. Results for the congressional races were announced 12 days after the election. Some congressional and municipal races remained contested for weeks, leading to sporadic protests and violence, mainly in the National District regarding seats in the lower chamber of congress. Overall, however, civil society and international observers praised the citizens and electoral authorities for a voting process that was orderly and largely peaceful, in spite of COVID-19 challenges.

During both the municipal and presidential elections, the OAS and domestic observers noted widespread illegal political campaigning immediately outside of voting stations, indications of vote buying, lack of financial transparency by political parties and candidates, and illegal use of public funds during the campaign. Most electoral crimes were not prosecuted.

Political Parties and Political Participation: A 2018 law regulates political parties and formalizes party primaries, party financing, and the establishment of new political parties. The electoral institutions and courts interpreted and implemented the 2018 law during the 2019-20 national electoral cycle, and the Constitutional Court struck down several parts. Civil society representatives commented that the law aided the organization of the 2020 electoral process. Principal political actors, however, largely ignored important sections of the law, particularly those related to campaign financing.

By law major parties, defined as those that received 5 percent of the vote or more in the previous election, receive 80 percent of public campaign finances, while minor parties share the remaining 20 percent. The OAS, domestic NGOs, and minor parties criticized this allocation of funding as unequal and unfair. Civil society groups criticized the government and the then ruling Dominican Liberation

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Party for using public funds to pay for advertising shortly before the elections, although the law prohibits the use of public funds for campaigns. According to civil society groups, revenue from government advertising influenced media owners to censor voices that disagreed with the Dominican Liberation Party.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. The law stipulates that at least 40 percent, and no more than 60 percent, of a political partys nominees should be of a particular gender, but in practice women were underrepresented. Despite the gender balance provision in the political parties law, the July 5 elections resulted in approximately the same number of elected women as in 2016.

Even with the high profile of women during the July 5 political contest, including female vice presidential candidates on every party ticket, more than half of elected women were selected for secondary or substitute positions (vice presidency, vice mayor, etc.) Men won two-thirds of the direct leadership positions (presidency, mayor, senator, etc.). For example, in the municipal elections, 724 of the candidates for mayoral positions were men while only 122 were women. Those numbers were effectively reversed for vice-mayoral positions, where 674 candidates were women and 122 were men.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The attorney general investigated allegedly corrupt officials.

NGO representatives said the greatest hindrance to effective investigations was a lack of political will to prosecute individuals accused of corruption, particularly well connected individuals or high-level politicians. Government corruption remained a serious problem and a public grievance.

In compliance with his campaign promise to appoint an independent prosecutor, President Luis Abinader named Miriam German as the new attorney general in August. Following her appointment, German added 19 new members to the Specialized Prosecutors Office on Administrative Corruption. On November 29, the specialized anticorruption unit arrested 10 individuals closely associated with

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 20 former president Danilo Medinas administration on public corruption charges. The prosecution continued at years end.

Corruption: The trial against six of the 14 defendants indicted in 2017 for alleged links to $92 million in bribes paid by the Brazilian construction company Odebrecht to obtain public works contracts resumed in September. It was previously scheduled to take place in April but was postponed due to the COVID- 19 pandemic. The six defendants included two former senators, a former lower- house representative, and a former minister of public works. Civil society organizations welcomed the trial as a step forward in the fight against corruption, but activists highlighted what they perceived as a lack of political will thoroughly to investigate the case, which involved the countrys political and economic elites.

NGO representatives criticized the widespread practice of awarding government positions as political patronage. They alleged many civil servants received a government salary without performing any work. In September the Foreign Ministry dismissed 781 officials and stated the majority of them did not fulfill their job duties or did not have the qualifications for the position.

NGOs and individual citizens regularly reported acts of corruption by various law enforcement officials, including police officers, immigration officials, and prison officials. The government on occasion used nonjudicial punishments for corruption, including dismissal or transfer of military personnel, police officers, judges, and minor officials. Widespread acceptance and tolerance of petty corruption, however, hampered anticorruption efforts.

Financial Disclosure: The law requires the president, vice president, members of Congress, some agency heads, and some other officials, including tax and customs duty collectors, to declare their personal property within 30 days of being hired, elected, re-elected, or ending their official responsibilities. These declarations are made public. The constitution further requires public officials to declare the provenance of their property. The Chamber of Accounts is responsible for receiving and reviewing these declarations. On November 27, the government announced the suspension without pay of 36 public officials for failing to submit their sworn declaration of assets on time.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 21

A number of domestic and international organizations generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials often were cooperative and responsive to their views, human rights groups that advocated for the rights of Haitians and persons of Haitian descent faced occasional government obstruction.

Government Human Rights Bodies: The constitution establishes the position of human rights ombudsman. The ombudsmans functions are to safeguard human rights and protect collective interests. There is also a human rights commission, cochaired by the minister of foreign affairs and the attorney general. The Attorney Generals Office has its own human rights division.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, spousal rape, domestic violence, incest, and sexual aggression. Sentences for rape range from 10 to 15 years in prison and a modest fine. The Attorney Generals Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the countrys 32 provinces. The Attorney Generals Office instructed its officers not to settle cases of violence against women and to continue judicial processes even when victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling.

The Ministry of Women promoted equality and the prevention of violence against women and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community by implementing education and awareness programs, as well as training other ministries and offices. The ministry operated shelters and provided counseling services, although NGO representatives argued these efforts were inadequate.

In September a woman was attacked with a mix of sulfuric, hydrochloric, and muriatic acid, a concoction commonly referred to as devils acid. She suffered chemical burns on 40 percent of her body and lost some of her vision. Her former boyfriend and two other men were arrested in connection with the attack and charged with conspiracy, torture, and gender-based violence. In leaked audio conversations, friends advised the defendant to attack the woman with acid to

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 22 avoid trouble, instead of killing her. Although outlawed, the acid concoction was easily accessible.

Sexual Harassment: The law defines sexual harassment by an authority figure as a misdemeanor, and conviction carries a sentence of one year in prison and a large fine. Union leaders reported the law was not enforced and that sexual harassment remained a problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of the government authorities.

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men. In addition no law requires equal pay for equal work.

Children

Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are in transit, or to parents who are illegally in the country (see also section 2.g.). A child born abroad to a Dominican mother or father may also acquire citizenship. Children not registered at birth remain undocumented until the parents file a late declaration of birth.

Child Abuse: Abuse of children younger than age 18, including physical, sexual, and psychological abuse, was a serious problem. The law contains provisions concerning child abuse, including physical and emotional mistreatment, sexual exploitation, and child labor. The law provides for sentences of two to five years incarceration and a large fine for persons convicted of physical and psychological abuse of a minor. Despite this legal framework for combatting child abuse, local NGOs reported that few cases were reported to authorities and fewer still were prosecuted.

Child, Early, and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of female minors, at younger than age 18 was common. According to a 2019 UNICEF- supported government survey, 12 percent of girls were married by age 15 and 36 percent by age 18. In addition, 22 percent of girls ages 15 to 19 had been pregnant, an issue directly related to early marriage. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas. More than one-half of the women in the countrys

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 23 poorest quintile were married by age 17. In late December, Congress passed a bill prohibiting marriage of persons younger than 18. The bill had the support of the Abinader administration and was expected to take effect in January 2021.

Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than 18. NGO representatives noted that due to the law allowing marriage with parental consent for girls as young as 15, some men arranged to marry girls to avoid prosecution for statutory rape. Penalties for conviction of statutory rape are 10 to 20 years in prison and a significant fine.

Children were exploited for commercial sex, particularly in tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.

Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking.

International Child Abductions: The country is a party to the 1980 Hague Convention on International Child Abduction. See the Department of States Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child- Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

Although the law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, persons with disabilities encountered discrimination in employment, education, the judicial system, health care, and transportation. The law provides for access to basic services, such as access to the

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 24 labor market, as well as recreational and cultural activities. It also provides for physical access to all new public and private buildings. It specifies that each ministry should collaborate with the National Disability Council to implement these provisions. Authorities worked to enforce these provisions, but a gap in implementation persisted. Very few public buildings were fully accessible.

The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities and to operate specialized schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.

The law states the government should provide access to the labor market and to cultural, recreational, and religious activities for persons with disabilities, but the law was not consistently enforced. There were three government centers for care of children with disabilities, one each in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. These centers served a small percentage of the population with disabilities, offering their services to children with cerebral palsy, Down syndrome, and autism spectrum disorder. They had lengthy waiting lists for children seeking to receive care. The most recent information, from a 2016 Ministry of Education report, found that 80 percent of registered students with disabilities attended some form of school.

Members of National/Racial/Ethnic Minority Groups

The law prohibits discrimination on the basis of skin color and nationality. There was evidence of racial prejudice and discrimination against persons of dark complexion, Haitians, or those perceived to be Haitian. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent and Haitian migrants (see also sections 1.d., 2.d., and 2.g.).

In October residents of a neighborhood in Santiago were filmed throwing stones and hitting Haitian residents with sticks in an effort to drive them out of their homes. The group also burned the belongings of the Haitians and threatened to burn down their dwellings if they did not move out of the area immediately. The group claimed the Haitian families were undocumented and posed a health and security risk to the neighborhood.

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 25

A mayor posted a video on the citys official social media accounts where he reprimanded a group of children who appeared to be gambling in a park. Social media commentators said that his video, in which he referred to the youth as a group of Haitians, unnecessarily made their nationality a factor in the situation and stoked anti-Haitian sentiment.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It prohibits discrimination on the grounds of social or personal condition and mandates that the state prevent and combat discrimination, marginalization, vulnerability, and exclusion. The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

HIV and AIDS Social Stigma

Although the law prohibits the use of HIV testing to screen employees, the government, Human Rights Watch, Amnesty International, and the International Labor Organization reported that workers in various industries may have faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many job applicants found to have HIV were not hired, and some of those already employed were either fired from their jobs or denied adequate health care.

Other Societal Violence or Discrimination

On a number of occasions, citizens attacked and sometimes killed suspected criminals in vigilante reprisals for theft, robbery, or burglary. The government acknowledged only a single instance of this type of attack and did not provide information on any subsequent investigation or conviction.

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 26

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, with the exception of the military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, the law restricts collective bargaining rights to those unions that represent a minimum of 51 percent of the workers in an enterprise. In addition the law prohibits strikes until mandatory mediation requirements have been met.

Formal requirements for a strike to be legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before the strike can proceed. Government workers and essential public service personnel may not strike. The government considers the following as essential workers: teachers and public service workers in communications, water supply, energy supply, hospitals, and pharmacies.

The law prohibits antiunion discrimination and forbids employers from dismissing an employee for participating in union activities, including being on a committee seeking to form a union. Although the Ministry of Labor must register unions for the unions to be legal, the law provides for automatic recognition of a union if the ministry does not act on an application within 30 days. The law allows unions to conduct their activities without government interference. Public-sector workers may form associations registered through the Office of Public Administration. The law requires that 40 percent of employees of a government entity agree to join for the association to be formed. According to the Ministry of Labor, the law applies to all workers, including foreign workers, those working as domestic workers, workers without legal documentation, and workers in the free-trade zones.

The government did not effectively enforce laws related to freedom of association and collective bargaining, and penalties were not commensurate with other laws involving denials of civil rights. The process for addressing labor violations through criminal courts can take years, leaving workers with limited protection in the meantime. In recent years there were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide identity documents to participate in the union despite the fact that the labor code protects all workers regardless of their legal status.

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 27

Labor NGO representatives reported companies resisted collective negotiating practices and union activities. In recent years companies reportedly fired workers for union activity and blacklisted trade unionists, among other antiunion practices. Workers reported they believed they had to sign documents pledging to abstain from participating in union activities. Companies also created and supported yellow or company-backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

Few companies had collective bargaining pacts, partly because companies created obstacles to union formation and could afford to go through lengthy judicial processes that independent unions could not afford. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment and fines for persons convicted of engaging in forced labor. Such penalties were not commensurate with penalties for analogous crimes.

Forced labor of adults occurred in construction, agriculture, and services. Forced labor of children also occurred (see section 7.c.).

The law applies equally to all workers regardless of nationality, but Haitian workers lack of documentation and uncertain legal status in the country made them more vulnerable to forced labor. NGO representatives reported many irregular Haitian laborers and citizens of Haitian descent did not exercise their rights due to fear of being fired or deported.

Also see the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report. c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor in a manner consistent with international standards. The law prohibits employment of children younger than 14 and places restrictions on the employment of children younger than 16, limiting them to six working hours per day. For persons younger than 18, the law limits night work and prohibits employment in dangerous work such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law provides penalties for child labor violations, including fines

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 28 and prison sentences. Penalties were not commensurate with penalties for analogous crimes.

The Ministry of Labor, in coordination with the National Council for Children and Adolescents, the National Police, the Attorney Generals Office, and the Specialized Corps for Tourist Safety Local Vigilance Committees, is responsible for enforcing child labor laws. The government did not effectively enforce the law. There were insufficient inspections, and inspectors lacked authority to initiate sanctions. Incomplete or incorrect labor inspection reports and insufficient prosecutorial resources led to few prosecutions on criminal matters involving child labor issues.

The porous border with Haiti allowed some Haitian children to be trafficked into the country, where they were forced into commercial sexual exploitation or forced to work in agriculture, often alongside their parents, or in domestic work, street vending, or begging (see also section 6). Children were also used in illicit activities including drug trafficking.

Also see the Department of Labors Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings. d. Discrimination with Respect to Employment and Occupation

The constitution creates a right of equality and nondiscrimination, regardless of sex, skin color, age, disability, nationality, family ties, language, religion, political opinion or philosophy, and social or personal condition. The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation, gender identity, or stateless status. No law mandates equal pay for equal work.

The government did not effectively enforce the law against discrimination in employment, and penalties were not commensurate with penalties for other civil rights violations. Discrimination in employment and occupation occurred with respect to persons with HIV or AIDS, and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6).

In September 2019 the Ministry of the Economy released a report showing the per- hour labor wage gap between men and women continued to increase. e. Acceptable Conditions of Work

Country Reports on Human Rights Practices for 2020 Unied Saes Deparmen of Sae Brea of Democracy, Human Rights, and Labor DOMINICAN REPUBLIC 29

The law provides for a minimum wage that varies depending on the size of the enterprise and the type of labor. As of October 2019, the minimum wage for all sectors within the formal economy, except sugar cane harvesters, was above the official poverty line; however, a study by the Juan Bosch Foundation found that only one-half of the minimum wage rates were high enough for a worker to afford the minimum family budget.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. Agricultural workers are exempt from this limit, however, and may be required to work up to 10 hours each workday without premium compensation.

The law covers different labor sectors individually. For example, the laws covering domestic workers establish lower standards for hours of work, rest, annual leave, sick leave, and remuneration than for other sectors and do not provide for notice or severance payments. The labor code also covers workers in the free-trade zones, but those workers are not entitled to bonus payments, which represent a significant part of the income of most workers in the country.

The law applies to both the formal and informal sectors, but it was seldom enforced in the informal sector, which comprised approximately one-half of all workers. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets occupational safety and health (OSH) regulations that are appropriate for the main industries. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they may face other punishments for their action.

Authorities conducted inspections but did not effectively enforce minimum wage, hours of work, and OSH standards. Penalties for violations were not commensurate with those for similar crimes. The number of labor inspectors was not sufficient to enforce compliance. Inspectors had the authority to conduct unannounced inspections and to recommend sanctions. The Public Ministry, the independent prosecutors ministry, is responsible for pursuing and applying penalties for labor violations uncovered by labor inspectors; in practice it infrequently applied penalties.

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Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Federation of Free Trade Zone Workers reported that some companies in the textile industry set up four-by-four work schedules under which employees worked 12-hour shifts for four days. In a few cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of the maximum allowable work hours.

Conditions for agricultural workers were poor. Many workers worked long hours, often 12 hours per day and seven days per week, and suffered from hazardous working conditions, including exposure to pesticides, long periods in the sun, limited access to potable water, and sharp and heavy tools. Some workers reported they were not paid the legally mandated minimum wage.

Industrial accidents caused injury and death to workers. During the year a court ordered a fuel supplier to pay two million Dominican pesos ($34,000) to the family members of three workers killed in a 2018 explosion at a plastics factory that left six persons dead and many others wounded.

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15 July 2020 DOM200288.E

Dominican Republic: Situation and treatment of sexual and gender minorities by society and authorities, including legislation, state protection and support services (2017-July 2020) Research Directorate, Immigration and Refugee Board of Canada

1. Legislation The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World) State-Sponsored Homophobia 2019: Global Legislation Overview Update report indicates that same-sex sexual acts between adults in private are not criminalized in the Dominican Republic since the ﬁrst Criminal Code (Código Penal) in 1822 (ILGA World Dec. 2019, 34). The same source further indicates that the most recent criminal code in the Dominican Republic, adopted in 2007, did not criminalize same-sex sexual acts (ILGA World Dec. 2019, 34). However, according to the ILGA World report, "[a]rticle 210 of the 1966 Police Justice Code (Código de Justicia de la Policía) still outlaws sodomy among members of the police forces" (ILGA World Dec. 2019, 34). The 1966 Police Justice Code provides the following:

[translation]

Art. 210.—Sodomy consists of copulation between two persons of the same sex and shall be subject, if ofﬁcers are involved, to a sentence of six months to two years of correctional imprisonment and, if enlisted personnel are involved, to a sentence of two to six months of correctional imprisonment. (Dominican Republic 1966)

The Amnesty International report on human rights for 2017-2018 indicates that the Dominican Republic does not have hate crime legislation (Amnesty International 2018, 150). Sources report that the Dominican Republic does not have speciﬁc legislation against discrimination based on sexual orientation or gender identity (CLGBTTI [2018], 2, 5; CNDH-RD Dec. 2018, 50; ILGA World Dec. 2019, 90, 171). Regarding discrimination, the Dominican Republic's 2015 constitution provides the following:

Article 39: Right to equality All people are born free and equal before the law, receive the same protection and treatment from institutions, authorities, and other people and enjoy the same rights liberties and opportunities, without any discrimination for reasons of gender, color, age, disability, nationality, family ties, language, religions, political or philosophical opinion, social or personal condition.

…

3. The State should promote judicial and administrative conditions so that equality may be real and effective and shall adopt methods to prevent and combat discrimination, marginalization, vulnerability and exclusion;

… (Dominican Republic 2015)

Sources report that while the Dominican constitution espouses principles of non-discrimination, it does not explicitly include sexual orientation and gender identity (US 11 Mar. 2020, 2; CLGBTTI [2018], 2). A report by Sin Violencia LGBTI, a network of LGBTI rights organizations in Latin America and the Caribbean that has created a database of homicides of LGBTI persons in the region (Sin Violencia LGBTI n.d.), notes that the only legislation in the Dominican Republican that explicitly prohibits discrimination based on sexual orientation is the General Youth Law: Law 49-00 (Ley General de Juventud: Ley 49-00) (Sin Violencia LGBTI Aug. 2019, 21). Similarly, the US Department of State's Country Reports on Human Rights Practices for 2019 on the Dominican Republic states that "[t]he law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development" (US 11 Mar. 2020, 22). The General Youth Law provides the following:

[translation] Article 2. – The purpose of this law is to promote the full development of youth, regardless of gender, religion, politics, race, ethnicity or sexual orientation and nationality.

…

Article 27. – GENDER EQUALITY. – For purposes of this law, all Dominican youth shall not be discriminated against for their sex and/or sexual orientation. Any form of prejudice or discrimination based on gender or that takes into consideration the sexual life of youth is deemed contrary to this law, as this is regarded as pertaining to the privacy of the person. The Dominican State shall provide the resources and mechanisms required to exercise this right. (Dominican Republic 2000)

Sources report that there are no legal protections against discrimination in employment based on sexual orientation (US 11 Mar. 2020, 25; ILGA World Dec. 2019, 103-105, 171) or gender identity (US 11 Mar. 2020, 25). The Astraea Lesbian Foundation for Justice (Astraea), a public foundation based in New York that supports LGBTQI human rights around the world (Astraea n.d.), reports that "[t]here is a dearth of laws and policies to explicitly protect LGBTT people from discrimination in housing, education, employment, health care, and access to public services" in the Dominican Republic (Astraea Oct. 2017, 4).

The national report submitted in November 2018 by the Dominican Republic to the UN Human Rights Council Universal Periodic Review (UPR) Working Group indicates that "[a] draft general act on equality and non-discrimination is currently under consideration" (Dominican Republic 7 Nov. 2018, para. 75). Amnesty International's 2019 review of human rights in the Americas reports that "[a] National Human Rights Plan was approved for 2018-2022 which included plans to present comprehensive anti-discrimination legislation to Congress between October and December 2019. At the end of the year, this commitment was not fulﬁlled" (Amnesty International Feb. [2020], 44).

The ILGA World report indicates that there is no legal recognition of adoption, marriage or civil unions for same-sex partners in the Dominican Republic (ILGA World Dec. 2019, 140-141, 171). Astraea reports that, "[w]hile there is no explicit law against same-sex marriage, Article 55 of the Constitution describes marriage as the union of a man and woman" (Astraea Oct. 2017, 7, italics in original). The Dominican Republic's 2015 constitution provides the following:

Article 55: Rights of the family

…

3. The State shall promote and protect the organization of the family on the basis of the institution of marriage between a man and a woman. The law shall establish the requirements to enter into it, the formalities of its celebration, its personal and patrimonial effects, the causes of separation or dissolution, and the regime of the property, rights, and duties between the spouses.

… (Dominican Republic 2015)

1.1 Transgender Persons

ILGA World's 2017 report on laws and policies for transgender persons notes that, according to an article by the Dominican news portal Más VIP, there was a case of a transgender woman who was allowed to change her name on her identity documents under Law No. 659 of July 17th 1944 on Acts of Civil Status in the Dominican Republic (Ley No.659 del 17 julio de 1944 sobre actos del estado civil en República Dominicana) (ILGA World Nov. 2017, 95). The same source further notes that, "[i]n 2014, President Danilo Medina signed Decree 76-14 authorizing 36 trans persons to change their names" (ILGA World Nov. 2017, 95). Gender marker change is, however, not possible in the Dominican Republic according to the ILGA World report (ILGA World Nov. 2017, 95). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

A 2018 report by Trans Siempre Amigas (TRANSSA) [see section 5 of this Response] and the Observatorio de Derechos Humanos para Grupos Vulnerabilizados (ODHGV) [see section 5 of this Response] notes that, while there are speciﬁc legal protections for women, they do not apply to transgender women (TRANSSA and ODHGV [2018], 4). The same source also states that there are no policies to protect the rights of transgender persons (TRANSSA and ODHGV [2018], 6).

2. Treatment of Sexual Minorities and Gender Minorities 2.1 Treatment by Society

An Amnesty International report on the treatment of women engaged in sex work in the Dominican Republic states that " [h]omophobia and transphobia [are] widespread in the Dominican Republic" (Amnesty International 2019, 18). Reporting on the human rights situation of LGBT persons in the Dominican Republic, the Fundación Comunidad Esperanza y Justicia Internacional (FUNCEJI), a civil society organization that promotes human rights in the Dominican Republic (FUNCEJI n.d.), and Centro de Estudios Biopsicosociales LGBT (CEB-LGBT), an organization that provides psychosocial services to members of the LGBT community in the Dominican Republic, indicate that LGBT persons face societal stigmatization (FUNCEJI and CEB- LGBT 12 July 2018, 1, 3). Sources report that LGBT individuals face harassment (Astraea Oct. 2017, 5; US 11 Mar. 2020, 22) or discrimination (Freedom House 2019; FUNCEJI and CEB-LGBT 12 July 2018, 3). The Astraea report indicates that intersecting identities including race and socioeconomic status exacerbate the vulnerability of some sexual and gender minorities (Astraea Oct. 2017, 6).

Mollie J. Cohen, an assistant professor in the Department of International Affairs at the University of Georgia, indicates that while previous surveys conducted by the Latin American Public Opinion Project (LAPOP), an academic institution that conducts public opinion surveys in the Americas (LAPOP n.d.), have shown [translation] "weak" support for LGBT rights in the Dominican Republic, LAPOP's 2019 data demonstrates "a positive change in attitudes about" LGBT rights (Cohen Nov. 2019, 215). Cohen states that according to the LAPOP data, in 2014, 17.9 percent of Dominicans surveyed approved of the right of same-sex couples to get married, this increased to 23.4 percent in 2016, and has remained steady since 2016 with 23.1 percent in 2019 (Cohen Nov. 2019, 217). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1.1 Treatment of Transgender Persons

The TRANSSA and ODHGV report notes that transgender persons in the Dominican Republic experience a [translation] "high level" of discrimination and exclusion, which can be exacerbated by other factors such as being of African descent (TRANSSA and ODHGV [2018], 6). The Amnesty International report on the treatment of women engaged in sex work in the Dominican Republic notes that trans women face a "signiﬁcant risk" of murder (Amnesty International 2019, 11). Transrespect versus Transphobia Worldwide (TvT), a comparative research project by the advocacy network Transgender Europe (TGEU) that collects and analyzes information on "reported killings of gender- diverse/trans people worldwide" (TGEU n.d.), reports that, between January 2008 and September 2018, there were 42 reported murders of transgender and gender-diverse people in the Dominican Republic (TGEU 2018). Amnesty International indicates that, according to TRANSSA, 47 transgender women have been killed since 2006 in the Dominican Republic (Amnesty International 2019, 6).

2.1.2 Violence

Sources report that LGBT persons in the Dominican Republic encounter violence (Freedom House 2019, Sec. F4; FUNCEJI and CEB- LGBT 12 July 2018, 3). A 2018 report, which was presented to the UN Human Rights Committee by the LGBTTI coalition of the Dominican Republic (CLGBTTI) [1], indicates that LGBT persons face physical violence and psychological abuse in the family sphere (CLGBTTI [2018], 2). The FUNCEJI and CEB-LGBT report indicates that LGBT Dominicans face hate crimes (FUNCEJI and CEB-LGBT 12 July 2018, 3).

According to the report by Sin Violencia LGBTI, there were 28 reported homicides of LGBTI persons in the Dominican Republic from 2014 to June 2019 (Sin Violencia LGBTI Aug. 2019, 23). The same source speciﬁes that there were 7 LGBTI homicides in 2017, there were 5 in 2018, and there were 2 in 2019 (Sin Violencia LGBTI Aug. 2019, 23). 2.2 Treatment by Authorities

Sources report that LGBT persons in the Dominican Republic experience police abuse (Bertelsmann Stiftung 2020, 12; CLGBTTI [2018], 2; US 11 Mar. 2020, 22). US Country Reports 2019 states that NGOs reported "police abuse, including arbitrary arrest, police violence, and extortion against LGBTI persons" (US 11 Mar. 2020, 22). According to the CLGBTTI report, LGBT persons have reported being victims of arbitrary arrests (CLGBTTI [2018], 3). The TRANSSA and ODHGV report indicates that LGBT persons experience discrimination when interacting with state authorities (TRANSSA and ODHGV [2018], 4). According to the same report, restrictions on access to basic rights for LGBT people, including healthcare and access to justice, are [translation) "inﬂuenced and/or condoned by authorities" (TRANSSA and ODHGV [2018], 4).

The TRANSSA and ODHGV report indicates that authorities are [translation) "unable" to protect transgender women's access to justice (TRANSSA and ODHGV [2018], 5). The same source notes that police, doctors, and state ofﬁcials have bias and disregard LGBT human rights (TRANSSA and ODHGV [2018], 5). The Amnesty International report on the treatment of women engaged in sex work states that the interviews with 22 sex workers who identiﬁed as transgender suggest that there is "a deeply engrained culture of machismo and transphobia within the Dominican police" (Amnesty International 2019, 28). The TRANSSA and ODHGV report indicates that authorities ignore complaints made by transgender women (TRANSSA and ODHGV [2018], 6). According to the same source, many cases of discrimination in the workplace against transgender women are not reported to the authorities because transgender women distrust the authorities and are concerned about retaliation by authorities and an increase in the discrimination that they already face (TRANSSA and ODHGV [2018], 7).

The Amnesty International report indicates that "[m]ost of the transgender women [sex workers, interviewed by Amnesty International] had been subjected to discriminatory and violent actions by the police that could amount to torture or other ill-treatment, typically focused on their gender-identity or expression" (Amnesty International 2019, 7). TRANSSA and ODHGV report that the police carry out [translation] "so- called 'raid operations'" on transgender women and, while they are detained, their rights are not respected, and they are robbed, raped and placed in cells with cisgender men (TRANSSA and ODHGV [2018], 10). The same source reports that raids on transgender women occur daily in different parts of Santo Domingo and other provinces in the country (TRANSSA and ODHGV [2018], 10). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2.1 Freedom of Assembly

Bertelsmann Stiftung's Transformation Index (BTI) 2020, which "assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries," indicates that the Dominican constitution provides the rights of freedom of association and assembly, and that while these rights are usually protected by the government, "the state may interfere" with groups promoting the rights of gays and lesbians "if pressured by the Catholic Church" (Bertelsmann Stiftung 2020, 2, 9). According to Hoy, a Dominican newspaper, the 12th annual Santo Domingo National Pride Caravan, which included around 10,000 people and more than 300 vehicles, took place without interruption on 7 July 2019 (Hoy 11 July 2019).

3. Access to Employment, Education and Healthcare

Sources report that LGBT persons experience discrimination in access to employment, education, and healthcare (CNDH-RD Dec. 2018, 50; TRANSSA and ODHGV [2018], 4; FUNCEJI and CEB-LGBT 12 July 2018, 4). US Country Reports 2019 states that "NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment" (US 11 Mar. 2020, 22).

3.1 Access to Employment

Corresponsales Clave, a group of community-based correspondents from 40 countries that provides information about HIV/AIDS and tuberculosis and is partly funded by UNAIDS (Corresponsales Clave n.d.), reports that the rights of gay men and transgender women are infringed upon in the workplace in the Dominican Republic (Corresponsales Clave 22 Aug. 2018). Freedom House reports that LGBT persons "are still barred from working in certain public sectors, such as the police and armed forces. An antidiscrimination bill remained stalled in 2018 despite renewed calls from civil society to bring it into effect" (Freedom House 2019, Sec. F4). According to the Astraea report, "[t]he DR [Dominican Republic]'s labor laws do not include sexual orientation or gender identity as grounds for protection from discrimination and, unlike the constitution, do not include other categories under which LGBTT individuals might seek redress" (Astraea Oct. 2017, 7).

The Amnesty International report on the treatment of women engaged in sex work notes that, while the law forbids employers in the Dominican Republic from using HIV testing to screen employees, some employers "still seem to" continue this practice (Amnesty International 2019, 20). Similarly, Project SOAR, which "conducts HIV operations research around the world to identify practical solutions to improve HIV prevention, care, and treatment services" and is partly funded by the US Agency for International Development (USAID) (Project SOAR n.d.), reports that, in the Dominican Republic, 8 percent of the 891 participants living with HIV they surveyed between November 2018 and January 2019, out of which 154 were men who have sex with men, reported being forced to get tested for HIV or to disclose their HIV status in applying for a job or pension (Project SOAR Nov. 2019, 2, 8).

The TRANSSA and ODHGV report indicates that transgender women often experience physical, verbal, and psychological abuse in the workplace (TRANSSA and ODHGV [2018], 6). The same source states that civil society organizations report cases of discrimination against transgender persons in the workplace (TRANSSA and ODHGV [2018], 6). The Amnesty International report on the treatment of women engaged in sex work states that, "[f]or transgender women, job opportunities in the private and government sector are almost non- existent due to institutional discrimination, and the only alternatives to sex work are low paid jobs such as cleaning" (Amnesty International 2019, 20). Similarly, according to the TRANSSA and ODHGV report, transgender women are excluded from the formal labour market and from decision-making positions (TRANSSA and ODHGV [2018], 7). TRANSSA and ODHGV report that sex work is not prohibited in the Dominican Republic, but that it does not have the same protection and regulations the formal job market has, increasing the vulnerability of those employed in this sector (TRANSSA and ODHGV [2018], 7). The Amnesty International report notes that transgender women who engage in sex work face violence related to their gender dentity (Amnesty International 2019, 7).

3.2 Access to Education

In a 2019 report on sexual and reproductive health and rights in the Dominican Republic, Human Rights Watch (HRW) notes that, based on interviews with ﬁve LGBT children and young adults, LGBT youth report experiencing bullying and discrimination at school because of their sexual orientation (HRW June 2019, 24). Similarly, the TRANSSA and ODHGV report indicates that transgender women experience bullying in school by their peers and by teachers (TRANSSA and ODHGV [2018], 8). The TRANSSA and ODHGV report also indicates there are circumstances in which students with same-sex partners have been reprimanded and sometimes expelled (TRANSSA and ODHGV [2018], 9). The same source notes that there are no protections against bullying related to sexual orientation and gender identity in schools (TRANSSA and ODHGV [2018], 8). The Amnesty International report on the treatment of women engaged in sex work indicates that many of the transgender women they interviewed reported having to leave school due to bullying and discrimination that they experienced (Amnesty International 2019, 18).

3.3 Access to Healthcare The FUNCEJI and CEB-LGBT report indicates that LGBT persons in the Dominican Republic experience discrimination in accessing healthcare (FUNCEJI and CEB-LGBT 12 July 2018, 4). Corresponsales Clave reports that LGBT persons are refused care or treated [translation] "poorly" in health service centers (Corresponsales Clave 22 Aug. 2018). According to the TRANSSA and ODHGV report, there is the view in the Dominican Republic that all persons who are LGBT have HIV and, as a result, doctors and nurses will refuse to treat LGBT people (TRANSSA and ODHGV [2018], 9). The FUNCEJI and CEB-LGBT report notes that many LGBT persons, particularly transgender persons, do not go to health centers or hospitals due to previous experiences with stigmatization by health care providers (FUNCEJI and CEB-LGBT 2018, 4).

The TRANSSA and ODHGV report states that transgender persons in the Dominican Republic face humiliation by doctors and that doctors lack knowledge about how to care for transgender individuals (TRANSSA and ODHGV [2018], 9). TRANSSA and ODHGV also indicate that hormone therapy and gender-afﬁrming treatment is not available for transgender persons in the Dominican Republic (TRANSSA and ODHGV [2018], 9). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. State Protection

The Code of Criminal Procedure (Código Procesal Penal) provides the following regarding equality:

[translation] Art. 11. - Equality under the Law. All persons are equal under the law and must be treated with the same rules. Judges and the Public Prosecutor’s Ofﬁce must take into consideration the particular conditions of persons and cases, and may not base their decisions on nationality, gender, race, creed or religion, political ideas, sexual orientation, economic status or other conditions with discriminatory implications. (Dominican Republic 2002)

The BTI 2020 reports that "[m]ost cases of violence against LGBTQ people are not addressed by the authorities" (Bertelsmann Stiftung 2020, 12). Similarly, the FUNCEJI and CEB-LGBT report indicates that LGBT Dominicans lack access to justice and that there is impunity for those who violate the rights of LGBT persons (FUNCEJI and CEB-LGBT 2018, 3). According to TRANSSA and ODHGV, most murders of and physical attacks on transgender persons are not given attention by authorities because there is no legislation on hate crimes based on sexual orientation or gender identity (TRANSSA and ODHGV [2018], 8). Astraea states that conﬁdence in the justice system by LGBT persons in the Dominican Republic is low and that few cases involving LGBTT persons are "properly documented or investigated" (Astraea Oct. 2017, 9). TRANSSA and ODHGV report that police ofﬁcers and prosecutors lack education and training to deal with cases related to transgender persons (TRANSSA and ODHGV [2018], 9).

TRANSSA and ODHGV indicate that the police are [translation] "unable" to deliver justice in cases involving transgender persons in the Dominican Republic (TRANSSA and ODHGV [2018], 9). TRANSSA and ODHGV state that, if a transgender woman is assaulted by her partner, the case is not treated as gender violence or, if they live together, as domestic violence (TRANSSA and ODHGV [2018], 8). The Amnesty International report on the treatment of women engaged in sex work indicates that most of the transgender sex workers the organization interviewed do not report incidents of violence because they do not trust that their complaints will be considered as a result of discrimination (Amnesty International 2019, 35). Sources report that, of the 47 cases of transgender women who have been killed since 2006, there have only been ﬁve judicial processes (Agencia EFE 18 May 2019) or ﬁve convictions (Amnesty International 2019, 11).

The national report submitted to the UPR Working Group notes that guidelines were disseminated to prosecutors in the Dominican Republic in order to increase understanding of and sensitivity to the way LGBT persons should be treated (Dominican Republic 7 Nov. 2018, para. 76). The same report indicates that, since 2015, the Human Rights Unit of the Attorney General's Office has prepared training workshops on stigmatization, prejudice, and discrimination for the Dominican Republic's National Police (Policía Nacional) (Dominican Republic 7 Nov. 2018, para. 72). According to the Office of the Atorney General (Procuraduría General de la República, PGR) of the Dominican Republic, the Office of the Public Prosecutor of the Santiago judicial district held a training day for members of the National Police on [translation] "Awareness of Human Rights and Hate Crimes for the LGBTI Community" in November 2017 (Dominican Republic 29 Nov. 2017). According to the National Police, a meeting was held in May 2019 between representatives of sex workers, the LGBT community, and the police to raise awareness and reduce mistreatment (Dominican Republic 24 May 2019).

5. Examples of Non-Governmental Support Services Trans Siempre Amigas (TRANSSA), an organization that promotes the respect and equity of transgender persons in the Dominican Republic (TRANSSA and ODHGV [2018], 2), is based in Santo Domingo (TRANSSA n.d.a). Among other activities, the organization provides workshops on human rights, support groups, legal advice, psychological services, and other health services support to transgender persons (TRANSSA n.d.b).

The Human Rights Observatory for Transgender Persons (Observatorio de Derechos Humanos de Personas Trans, ODHPT), which is part of TRANSSA, provides advisory, psychological, and legal services to transgender persons (TRANSSA n.d.c). The organization also documents and monitors human rights violations and provides legal advice and assistance for transgender persons in the Dominican Republic (TRANSSA n.d.c).

The Human Rights Observatory for Vulnerabilized Groups (Observatorio de Derechos Humanos para Grupos Vulnerabilizados, ODHGV), a Santo Domingo-based platform for civil society organizations that catalogs complaints and monitors human rights violations against vulnerable groups, including LGBT groups (ODHGV n.d.), provides legal support services for LGBT persons in the Dominican Republic (TRANSSA n.d.c; Amnesty International 2019, 40).

Diversidad Dominicana is an NGO based in Santo Domingo that promotes the rights of LGBT persons and advocates for LGBT rights in the Dominican Republic (Diversidad Dominicana n.d.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please ﬁnd below the list of sources consulted in researching this Information Request.

Note

[1] The following organizations contributed information to this report: Diversidad Dominicana, Coordinadora Lésbica y de Hombres Trans (COLEHT), Gente Activa y Participativa (GAY), Fundación Comunidad Esperanza y Justicia Internacional (FUNCEJI), Comunidad de Lesbianas Inclusivas Dominicanas (COLESDOM), and the Centro de Estudios Biopsicosociales LGBT (CEB-LGBT) (CLGBTTI [2018], 1).

References Agencia EFE. 18 May 2019. "Colectivo LGTBI dominicano reclama sus derechos, en el Día Internacional contra la Homofobia, la Transfobia y la Bifobia." [Accessed 18 June 2020]

Amnesty International. February [2020]. "Dominican Republic." Human Rights in the Americas: Review of 2019. [Accessed 28 May 2020]

Amnesty International. 2019. "If They Can Have Her, Why Can't We?" Gender-Based Torture and Other Ill-Treatment of Women Engaged in Sex Work in the Dominican Republic. [Accessed 2 June 2020]

Amnesty International. 2018. "Dominican Republic." Amnesty International Report 2017/18: The State of the World's Human Rights. [Accessed 28 May 2020]

Astraea Lesbian Foundation for Justice (Astraea). October 2017.  Dominican Republic LGBTT: Landscape Analysis of Political, Economic & Social Conditions. [Accessed 2 June 2020] Astraea Lesbian Foundation for Justice (Astraea). N.d. "About Us." [Accessed 26 June 2020]

Bertelsmann Stiftung. 2020. "Dominican Republic Country Report." Bertelsmann Stiftung's Transformation Index (BTI) 2020. [Accessed 28 May 2020]

Coalición LGBTTI (CLGBTTI). [2018]. Informe de la coalición LGBTTI (CLGBTTI) de la República Dominicana. [Accessed 18 June 2020]

Cohen, Mollie J. November 2019. " Inclusión social y derechos humanos en la República Dominicana." Cultura política de la democracia en la República Dominicana y en las Américas, 2018/19: tomándole el pulso a la democracia. Edited by Rosario Espinal et al. Latin American Public Opinion Project (LAPOP). [Accessed 11 June 2020]

Comisión Nacional de los Derechos Humanos de la República Dominicana (CNDH-RD). December 2018.  Informe sobre la situación de los derechos humanos en la República Dominicana. [Accessed 4 June 2020]

Corresponsales Clave. 22 August 2018. Miranda Suero. "República Dominicana: un nuevo impulso a Ley contra la discriminación." [Accessed 10 July 2020]

Corresponsales Clave. N.d. "Quines somos." [Accessed 10 July 2020]

Diversidad Dominicana. N.d. "Información/About Us." [Accessed 26 June 2020]

Dominican Republic. 24 May 2019. Policía Nacional. "Garantizamos el libre ejercicio de los derechos del ciudadano." [Accessed 25 June 2020] Dominican Republic. 7 November 2018. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Dominican Republic. (A/HRC/WG.6/32/DOM/1) [Accessed 25 June 2020]

Dominican Republic. 29 November 2017. Procuraduría General de la República (PGR). "Fiscalía de Santiago imparte programa educativo sobre derechos humanos a miembros de la Policía." [Accessed 25 June 2020]

Dominican Republic. 2015. Dominican Republic's Constitution of 2015. Comparative Constitutions Project. [Accessed 11 June 2020]

Dominican Republic. 2002 (amended 2007).  Código Procesal Penal. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 13 July 2020]

Dominican Republic. 2000.  Ley General de Juventud: Ley 49-00. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 3 July 2020]

Dominican Republic. 1966. Ministerio de Interior y Policía.  Ley No. 285 Código de Justicia de la Policía. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 13 July 2020]

Freedom House. 2019. "Dominican Republic." Freedom in the World 2019. [Accessed 28 May 2020]

Fundación Comunidad Esperanza y Justicia Internacional (FUNCEJI). N.d. "FUNCEJI." [Accessed 26 June 2020]

Fundación Comunidad Esperanza y Justicia Internacional (FUNCEJI) and Centro de Estudios Biopsicosociales LGBT (CEB-LGBT). 12 July 2018. Situación de los derechos humanos de las personas LGBTI en la República Dominicana. [Accessed 18 June 2020]

Hoy. 11 July 2019. "La caravana orgullo LGBTIQ y su vinculo con el VIH." [Accessed 25 June 2020]

Human Rights Watch (HRW). June 2019. "I Felt Like the World Was Falling Down on Me": Adolescent Girls' Sexual and Reproductive Health and Rights in the Dominican Republic. [Accessed 24 June 2020]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). December 2019. Lucas Ramón Mendos.  State- Sponsored Homophobia 2019: Global Legislation Overview Update. [Accessed 1 June 2020]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). November 2017. Zhan Chiam, Sandra Duffy and Matilda González Gil.  Trans Legal Mapping Report: Recognition Before the Law. 2nd Edition. [Accessed 1 June 2020]

Latin American Public Opinion Project (LAPOP). N.d. "LAPOP." [Accessed 16 June 2020]

Observatorio de Derechos Humanos para Grupos Vulnerabilizados (ODHGV). N.d. "¿Quiénes Somos?" [Accessed 29 June 2020]

Project SOAR. November 2019.  The People Living with HIV Stigma Index: Dominican Republic. [Accessed 25 June 2020]

Project SOAR. N.d. "About." [Accessed 26 June 2020]

Sin Violencia LGBTI. August 2019. El prejuicio no conoce fronteras: Homicidios de lesbianas, gay, bisexuales, trans e intersex en países de América Latina y el Caribe 2014-2019. [Accessed 18 June 2020]

Sin Violencia LGBTI. N.d. "Sin Violencia LGBTI." [Accessed 26 June 2020] Transgender Europe (TGEU). 2018. Transrespect versus Transphobia Worldwide (TvT).  TvT TMM Update: Trans Day of Remembrance 2018. [Accessed 5 June 2020]

Transgender Europe (TGEU). N.d. "TvT Project." [Accessed 26 June 2020]

Trans Siempre Amigas (TRANSSA). N.d.a. "About TRANSSA." [Accessed 26 June 2020]

Trans Siempre Amigas (TRANSSA). N.d.b. "Services." [Accessed 26 June 2020]

Trans Siempre Amigas (TRANSSA). N.d.c. Observatorio de Derechos Humanos de Personas Trans (ODHPT). "Our Services." [Accessed 26 June 2020]

Trans Siempre Amigas (TRANSSA) and Observatorio de Derechos Humanos para Grupos Vulnerabilizados (ODHGV). [2018]. Informe de las violaciones de derechos humanos en contra de las mujeres trans en República Dominicana. [Accessed 4 June 2020]

United States (US). 11 March 2020. Department of State. "Dominican Republic." Country Reports on Human Rights Practices for 2019. [Accessed 28 May 2020]

Additional Sources Consulted Oral sources: Amigos Siempre Amigos; associate professor of sociology at a university in New York who studies gender and sexuality and the LGBTIQ movement in the Dominican Republic; Diversidad Dominicana; Fundación Comunidad Esperanza y Justicia Internacional; Gente Activa y Participativa; Trans Siempre Amigas. Internet sites, including: Caribe Afirmativo; Council on Hemispheric Affairs; Dominican Republic – Ministerio de la Mujer, Observatorio de Justicia y Género, Observatorio de Seguridad Ciudadana, Oficina Nacional de Estadística, Presidencia; ecoi.net; Factiva; Global Americans; GlobalGayz.com; Human Rights First; Inter-American Commission on Human Rights; Minority Rights Group; The New York Times; Organization of American States; Pink News; Stonewall; UK – Home Office; UN – Committee on the Elimination of Discrimination Against Women, International Labour Organization, Office of the High Commissioner for Human Rights, Refworld; Washington Blade.

Date modiﬁed: 2020-06-01 Tab 3

DOMINICAN REPUBLIC 2019 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

The Dominican Republic is a representative constitutional democracy. In 2016 Danilo Medina of the Dominican Liberation Party (PLD) was re-elected president for a second four-year term. Impartial outside observers assessed the election as generally free and orderly.

The National Police and the Tourist Police maintain internal security. They report to the Minister of Interior and Police and through him to the president. The Airport Security Authority, Port Security Authority, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Armed Forces and through that ministry to the president. The National Drug Control Directorate, which has personnel from both the police and the armed forces, reports directly to the president. The National Department of Intelligence reports directly to the president. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; arbitrary detention; harsh and life-threatening prison conditions; arbitrary interference with privacy; serious problems with the independence of the judiciary; criminal libel for individual journalists; serious government corruption; police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and forced and child labor.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially among senior officials.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

In November a leading newspaper published an investigative series on extrajudicial killings in which active-duty police officers admitted they killed DOMINICAN REPUBLIC 2 unarmed civilians. In most cases the officers claimed the victims had criminal records or links to criminal organizations. Some officers said their commanders gave them direct orders to kill and then stage crime scenes to give the appearance of an exchange of gunfire. The investigative report found that 99 percent of victims were men between 18 and 35 years old who lived in low-income neighborhoods.

According to government data, more than 3,000 individuals died during confrontations with police or security forces between 2007 and March 2019. Of this number, the exact number of extrajudicial killings was unknown. The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported that as of October there were more than 70 extrajudicial killings by police in 2019. Although this represented approximately a 30 percent decrease from 2018, media and civil society acknowledged that many of these cases went unreported due to a lack of faith in the justice system to pursue charges. According to the report, only 5 percent of these cases were brought to trial in the last 15 years. The police reported that 31 officials were removed from service between June 2016 and February 2019 for involvement in homicides. The Police Inspector General reported that all of these cases were forwarded to the Attorney Generals Office, but few led to prosecution. b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits torture, beating, and physical abuse, there were reports that security force members, primarily police, carried out such practices.

The NHRC reported police used various forms of physical and mental abuse to obtain confessions from detained suspects. According to the NHRC, abusive methods included covering detainees heads with plastic bags, hitting them with broom handles, forcing them to remain standing overnight, and hitting them in the ears with gloved fists or hard furniture foam so as not to leave marks.

In March, Amnesty International released a report detailing incidents of police raping and abusing sex workers. Nearly one-half of the victims were transgender women. They testified that police raped them at gunpoint and threatened to arrest

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 3 or kill them if they did not comply with the polices sexual demands. The report suggested that colonels and other senior police officers participated in these acts.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in new-model prisons (correctional rehabilitation centers or CRCs) to harsh and life threatening in old-model prisons. Threats to life and health included communicable diseases, inadequate sanitary conditions, inadequate medical care, a lack of well trained prison guards, and prisoner-on-prisoner violence, all of which were exacerbated in the severely overcrowded, old-model prisons.

Physical Conditions: Gross overcrowding was a problem in old-model prisons. The Directorate of Prisons reported that as of September there were 17,428 prisoners in old-model prisons and 9,354 in CRCs, a ratio that remained constant for the past several years because old-model prisons had not been phased out. La Victoria, the oldest prison, held 7,758 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at all 19 old-model prisons exceeded capacity, while only one of the 22 CRCs was over capacity.

Police and military inmates received preferential treatment, as did those with the financial means to rent preferential bed space and purchase other necessities.

According to the Directorate of Prisons, military and police personnel guarded old- model prisons, while a trained civilian corps guarded CRCs. Reports of mistreatment and violence in old-model prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some old- model prisons remained effectively outside the control of authorities, and there were reports of drug trafficking, arms trafficking, prostitution, and sexual abuse. Wardens at old-model prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not do so.

In old-model prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because there were no beds available. Prison officials did not separate sick inmates. Delays in receiving medical attention were common in both the old-model prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 4 outside associates to provide medications. Illness was the primary cause of deaths reported in the prison system. According to the Directorate of Prisons, all prisons provided HIV/AIDS treatment, but the NHRC stated that none of the old-model prisons were properly equipped to provide such treatment.

In CRCs some prisoners with mental disabilities received treatment, including therapy, for their conditions. In old-model prisons, the government did not provide services to prisoners with mental disabilities. The government reported it had installed wheelchair ramps in some prisons for prisoners with physical disabilities. NGOs claimed the majority of prisons still did not provide access for inmates with disabilities.

The International Organization for Migration (IOM) reported that migration detention centers were not adequately equipped to accommodate large numbers of detainees and at times were overcrowded. IOM representatives noted the centers needed improved sanitary facilities, better access to drinking water, and more structures to protect detainees from the sun. The General Directorate of Migration generally provided food to detainees being held at the border with Haiti but at times asked for IOM support.

Administration: Authorities investigated credible allegations of mistreatment.

Independent Monitoring: The government permitted visits to prisons and monitoring by independently funded and operated nongovernmental observers, international organizations, and media. The NHRC, National Office of Public Defense (NOPD), Attorney Generals Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits. Access to migrant detention centers for monitoring was not systematically granted to human rights organizations. d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a crime or in other special circumstances. The law permits detention without a charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported many detainees were taken into custody at the scene of a crime or

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 5 during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

Arrest Procedures and Treatment of Detainees

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. The law also permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest, but these provisions were rarely used in cases involving foreigners.

The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The NOPD provides free legal aid to those who cannot afford counsel. In March, NOPDs director stated the NOPD had only 124 attorneys, and many provinces had no NOPD representation. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, as the law prohibits interrogation of juveniles by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high- crime communities during which they arrested and detained individuals without warrants. During these operations police arrested large numbers of residents and seized personal property allegedly used in criminal activity.

The IOM reported cases of Haitian migrants and their children, as well as persons perceived as such, being detained and deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences. There were also reports of deportations of unaccompanied children and of deporting women who left children behind.

Civil society organization representatives said some deportations consisted of taking persons across the border without any record of doing so. The IOM reported that the General Directorate of Migration referred to these cases as devolutions or not admitted, and that there is no due process for such operations. The IOM worked with the government to establish a system for nonadmitted persons.

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 6

Pretrial Detention: Many suspects endured long pretrial detention. A judge may order detention between three and 18 months. According to the Directorate of Prisons, as of September, 67 percent of inmates in old-model prisons were in pretrial custody, compared with 51 percent of prisoners in CRCs. The average pretrial detention time was three months, but there were reports of pretrial detention lasting up to three years, including cases involving foreign citizens. Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court or because their lawyer, codefendants, interpreters, or witnesses did not appear. Despite protections for defendants in the law, in some cases authorities held inmates beyond the legally mandated deadlines, even when there were no formal charges against them. e. Denial of Fair Public Trial

The law provides for an independent judiciary; however, the government did not respect judicial independence and impartiality. Improper influence on judicial decisions was widespread. Interference ranged from selective prosecution to dismissal of cases amid allegations of bribery or undue political pressure. The judiciary routinely dismissed high-level corruption cases. Corruption of the judiciary was a serious problem. The NOPD reported the most frequent form of interference with judicial orders occurred when authorities refused to abide by writs of habeas corpus to release detainees.

Trial Procedures

The law provides for the right to a defense in a fair and public trial; however, the judiciary did not always enforce this right. The courts frequently exceeded the maximum period of time established by the law for setting hearing dates.

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 7 for the right to confront or question witnesses and the right against self- incrimination. Defendants have the right to present their own witnesses and evidence. The constitution provides for the right to appeal and prohibits higher courts from increasing the sentences of lower courts.

Military and police tribunals share jurisdiction over cases involving members of the security forces. Military tribunals have jurisdiction over cases involving violations of military rules and regulations. Civilian criminal courts handle cases of killings and other serious crimes allegedly committed by members of the security forces.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There are separate court systems for criminal law, commercial and civil law, and labor law. Commercial and civil courts reportedly had lengthy delays in adjudicating cases, although their ultimate decisions were generally enforced. As in criminal courts, undue political and economic influence in civil court decisions remained a problem.

Citizens have recourse to file an amparo, an action to seek redress of any violation of a constitutional right, including violations of human rights. This remedy was used infrequently and only by those with sophisticated legal counsel. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Police conducted illegal searches and seizures, however, including many raids without warrants on private residences in poor neighborhoods.

Human rights groups, opposition politicians, and journalists critical of the government alleged the government used unauthorized wiretaps, monitored private email, and used other surreptitious methods to interfere with the private lives of

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 8 individuals and families. The government denied this. Opposition political parties alleged government officials at times threatened subordinates with loss of employment and other benefits to compel them to support PLD candidates.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. Media expressed a wide variety of views, but the concentration of media ownership, weaknesses in the judiciary, and political influence limited the medias independence.

Freedom of Expression: Individuals and groups were generally able to criticize the government publicly and privately without reprisal, although there were several incidents in which authorities intimidated members of the press. In September a television news program hosted by a well known journalist was canceled two days after presenting an investigative report alleging that the attorney generals sister received no-bid government contracts worth 750 million pesos ($15 million), positioning her as the sole supplier of asphalt products to the government. The program demonstrated that at the time the contracts were signed, the sister was drawing a salary as an employee of the Ministry of Public Works. The journalist alleged his program was canceled after the attorney general called the station owner and threatened legal action. On September 30, the journalists association held a press conference denouncing political interference to silence reporting on corruption.

Some media outlets chose to omit the bylines of journalists reporting on drug trafficking and other security matters to protect the individual journalists.

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Censorship or Content Restrictions: The constitution provides for protection of the confidentiality of journalists sources and includes a conscience clause allowing journalists to refuse reporting assignments. Journalists practiced self-censorship, particularly when coverage could adversely affect the economic or political interests of media owners. Observers suggested the government influenced the press through advertising contracts. A prominent journalist who hosted a highly rated news and commentary television show stated that her exit from traditional media was one example of the governments influence on media outlets. She highlighted that the government spent close to 12.5 million pesos ($250,000 daily) in advertisements.

In July the Constitutional Tribunal annulled an article in the electoral law that set prison sentences of three to 10 years for defamatory and libelous messages and for false campaigns published through media that damage the honor and privacy of political candidates. The tribunal ruled the article violated the right to freedom of speech established in the constitution. The tribunal also declared unconstitutional a paragraph in the law that penalized the publication of negative messages on social media that damage the public image of candidates.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content without appropriate legal authority; however, there were allegations that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedoms of Peaceful Assembly and Association

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The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. c. Freedom of Religion

See the Department of States International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/. d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions.

In-country Movement: Civil society representatives reported that citizens of Haitian descent, those perceived to be a Haitian, and Haitian migrants faced obstacles while traveling within the country. NGOs reported that security forces at times asked travelers to show immigration and citizenship documents at road checkpoints throughout the country. Citizens of Haitian descent and migrants without valid identity documents reported fear of swift deportation when traveling within the country, especially near the border with Haiti (see also section 1.d.). e. Internally Displaced Persons

Not applicable. f. Protection of Refugees

Government officials and NGOs estimated between 40,000 and 100,000 Venezuelans lived in the country. In December the government instituted a regulation requiring Venezuelans to apply for a tourist visa before entry into the country. Previously, Venezuelans needed only a valid passport and could receive a tourist visa at the point of entry. Many Venezuelans resident in the country entered legally before the new regulation and stayed longer than the three-month allowance.

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Refoulement: Although the constitution prohibits administrative detention and the law establishes that asylum seekers should not be detained under any circumstance, there were reports of persons potentially in need of international protection being denied admission at the point of entry and subsequently being deported to their countries of origin without being granted access to the asylum process (see also section 1.d.).

Access to Asylum: The law provides for the granting of asylum or refugee status. While the government has established a system for providing protection to refugees, it did not effectively implement it. The government recognized and issued identity documents to very few refugees during the past few years. The government did not respond to requests for the current number of asylum seekers.

The National Office of Refugees in the Migration Directorate of the National Commission for Refugees (CONARE) is an interministerial body responsible for adjudicating asylum claims. The law requires individuals to apply for asylum within 15 days of arrival in the country. If an asylum seeker is in the country for more than 15 days and does not apply for asylum, the individual permanently loses the right to apply for asylum. The law also rejects any asylum application from an individual who was in, or who proceeds from, a foreign country where the individual could have sought asylum. Thus, the government makes inadmissibility determinations administratively before an asylum interview or evaluation by CONARE.

According to refugee NGOs, there was no information posted at ports of entry to provide notice of the right to seek asylum, or of the timeline and process for doing so. Furthermore, NGOs reported that immigration officials did not appear to understand how to handle asylum cases consistent with the countrys international commitments. By law the government must give due process to asylum seekers. Persons expressing a fear of return to their country of nationality or habitual residence should be allowed to apply for asylum under the proper procedures.

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Nonetheless, there was generally neither judicial review of deportation orders nor any third-party review of credible fear determinations.

UN officials reported asylum seekers were not properly notified of inadmissibility decisions. CONARE did not provide rejected asylum seekers with details of the grounds for the rejection of their asylum application or with information on the appeal process. Rejected applicants received a letter saying they had 30 days to leave the country voluntarily. Government policy is that from the time they receive the notice of denial, rejected asylum seekers have seven days to file an appeal. The letter providing the notice of denial does not mention this right of appeal.

UN officials said a lack of due process in migration procedures resulted in arbitrary detention of persons of concern with no administrative or judicial review (see also section 1.d.). As a result, asylum seekers and refugees in the country were at risk of refoulement and prolonged detention.

During the year government authorities participated in UNHCR-sponsored training designed to ensure that asylum procedures are fair, efficient, and gender-sensitive. Reports of discriminatory practices against female asylum seekers and refugees continued, however. The country failed to implement a gender-sensitive identification system for female asylum seekers and refugees, including potential victims of trafficking and sexual exploitation.

Freedom of Movement: Persons claiming asylum often waited months to receive a certificate as an asylum seeker and to be registered in the government database. The certificate must be renewed every 30 days in the national office in Santo Domingo, forcing asylum seekers who live outside Santo Domingo to return to the capital monthly or lose their claim to asylum. Asylum seekers with pending cases only had this certificate, or nothing at all, to present to avoid deportation. This restricted their freedom of movement. In cases where approved asylum seekers were detained for lack of documentation, refugee organizations were able to advocate for their release.

Some refugees recognized by CONARE were either issued travel documents that were not accepted in visa application processes, or they were not issued travel documents at all.

Employment: The government prohibited asylum seekers with pending cases from working. This situation was complicated by the long, sometimes indefinite waiting

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 13 periods for pending asylum cases to be resolved. Lack of documentation also made it difficult for refugees to find employment. Employment was, nonetheless, a requirement for the government to renew refugees temporary residency cards.

Access to Basic Services: Approved refugees have the same rights and responsibilities as legal migrants with temporary residence permits. Approved refugees have the right to access education, employment, health care, and other social services. Nonetheless, refugee organizations reported that problems remained. Only those refugees able to afford health insurance were able to access adequate health care. Refugees reported their government-issued identification numbers were sometimes not recognized, and thus they could not open a bank account or enter service contracts for basic utilities. Refugees had to rely on friends or family for such services.

Temporary Protection: The law enables undocumented migrants in the country to apply for temporary legal residency. Although the exact number of undocumented migrants was unknown, the law granted temporary residency status to more than 260,000 applicants (97 percent of whom were Haitian). As of August 2018, 196,000 persons renewed temporary status, which was due to expire in 2020. Civil society organizations expressed concern that many plan participants lacked passports, which could hinder their ability to renew their status.

No temporary residence documents were granted to asylum seekers; those found to be admissible to the process were issued a certificate that provided them with protection from deportation but did not confer other rights. This certificate often took months to be delivered to asylum seekers. Due in part to this delay, both refugees and asylum seekers lived on the margins of the migration system. Foreigners often were asked to present legal migration documents to obtain legal assistance or access the judicial system; therefore, many refugees and asylum seekers were unable to access legal help for situations they faced under criminal, labor, family, or civil law.

Refugees recognized by CONARE underwent annual re-evaluation of their need for international protection, a procedure counter to international standards. Refugees were issued one-year temporary residence permits that could not be converted to a permanent residence permit. g. Stateless Persons

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A constitutional change in 2010 and a 2013 Constitutional Tribunal ruling revised the countrys citizenship laws. One effect was to strip retroactively Dominican citizenship from approximately 135,000 persons, mostly the children of undocumented Haitian migrants, who had previously been conferred Dominican citizenship by virtue of jus soli (birthright citizenship) since 1929. The Inter- American Commission on Human Rights (IACHR) found that these legal revisions led to statelessness for the persons who lost their Dominican citizenship. UN officials and NGOs said the legal changes had a disproportionate and negative impact on women and their children, in part because the law treats foreign-born mothers differently than foreign-born fathers.

The government subsequently passed a law creating a mechanism to provide citizenship papers or a naturalization process to stateless persons. The exact mechanism depended on the documentary status of the individual at the time the citizenship law changed. In practice the new documentation mechanism was only partially successful. Many stateless persons did not register for the mechanism before the deadline.

Dominican-born persons without citizenship or identity documents faced obstacles traveling both within and outside the country. Authorities attempted to deport some of these persons between 2015 and 2019 but were prevented by IOM intervention. The stateless persons had limited access to electoral participation, formal-sector jobs, public education, marriage and birth registration, formal financial services such as loans, court and judicial procedures, and ownership of land and property.

The government agreed in 2017 to address 12 priority issues related to these stateless persons. In March the IACHR noted that the government had partially implemented solutions to this list of issues.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage. The constitution prohibits active-duty police and military personnel from voting or participating in partisan political activities.

Elections and Political Participation

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Recent Elections: In 2016 voters participated in general elections for all levels of government and elected Danilo Medina of the PLD as president for a second four- year term. The Central Electoral Board (JCE) instituted a system of electronic voting during the 2016 election. According to international observers and experts on electronic voting systems, the JCE did not follow international standards, as it neither audited nor gradually implemented the system. On election day many electronic voting systems failed or were unused. The JCE did not announce final, official results with all ballots counted until 13 days after the elections. Many congressional and municipal races remained contested for weeks, leading to sporadic protests and violence. On election day in 2016, the Organization of American States (OAS) and domestic observers noted widespread political campaigning immediately outside of voting centers, in violation of the law. They also noted indications of vote buying.

Political Parties and Political Participation: A political parties law promulgated in August 2018 seeks to formalize certain political party processes, including party primaries, financing, and establishment of new political parties. The electoral institutions and courts were interpreting and implementing the new law during the 2019-20 national electoral cycle. By law major parties, defined as those that received 5 percent of the vote or more in the previous election, receive 80 percent of public campaign finances, while minor parties share the remaining 20 percent of public funds. The OAS and domestic NGOs criticized this allocation of funding as unequal and unfair. Civil society groups criticized the government and the incumbent PLD party for using public funds to pay for advertising in the months leading up to the 2016 elections, although the law prohibits the use of public funds for campaigns. According to civil society groups, revenue from government advertising influenced media owners to censor voices that disagreed with their largest client, the PLD.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The law stipulates that at least 40 percent of a political partys nominees must be women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The attorney general investigated allegedly corrupt officials.

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NGOs noted the greatest hindrance to effective investigations was a lack of political will to prosecute individuals accused of corruption, particularly well connected individuals or high-level politicians. Government corruption remained a serious problem and a public grievance.

Corruption: In September the Supreme Court began a trial against six of the 14 defendants indicted in 2017 for alleged links to $92 million in bribes paid by the Brazilian construction company Odebrecht to obtain public works contracts. The six defendants included a senator, a lower house representative, a former senator, and a former minister of public works. Civil society welcomed the trial as a step forward in the fight against corruption, but activists highlighted what they perceived as a lack of political will thoroughly to investigate the case, which involved the countrys political and economic elites.

In June an International Consortium of Investigative Journalists report revealed that in addition to the publicly reported $92 million in bribes, Odebrecht distributed another $39.5 million in inducements during the construction of the Punta Catalina coal-fired power plant. After this report was made public, the Attorney Generals Office questioned financial consultants involved in the plants tendering process but did not file any additional charges. The attorney general and a government-appointed commission previously dismissed allegations of irregularity in the plants contracting process.

NGOs criticized the widespread practice of awarding government positions as political patronage. They alleged many civil servants received a government salary without performing any work. Some small municipalities had more employees on the payroll than their physical offices could accommodate.

NGOs and individual citizens regularly reported acts of corruption by various law enforcement officials, including police officers, immigration officials, and prison officials. The government on occasion used nonjudicial punishments for corruption, including dismissal or transfer of military personnel, police officers, judges, and other minor officials. Widespread acceptance and tolerance of petty corruption, however, hampered anticorruption efforts.

Financial Disclosure: The law requires the president, vice president, members of congress, some agency heads, and some other officials, including tax and customs duty collectors, to declare their personal property within 30 days of being hired, elected, or re-elected as well as when they end their responsibilities. These declarations are made public. The constitution further requires public officials to

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 17 declare the provenance of their property. The Chamber of Accounts is responsible for receiving and reviewing these declarations. Many public officials did not comply. NGOs questioned the veracity of the declarations, as amounts often fluctuated significantly from year to year, and total declared assets often appeared unrealistically low.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Government Human Rights Bodies: The constitution establishes the position of human rights ombudsman. The ombudsmans functions are to safeguard human rights and protect collective interests. There is also a human rights commission, chaired by the minister of foreign affairs and the attorney general. The Attorney Generals Office has its own human rights division.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and other forms of violence, such as incest and sexual aggression. The sentences for rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000). The Attorney Generals Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the countrys 32 provinces. The Attorney Generals Office instructed its officers not to settle cases of violence against women and to continue judicial processes even when victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling.

The Ministry of Women actively promoted equality and the prevention of violence against women through implementing education and awareness programs, as well as training other ministries and offices. The ministry operated shelters and

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 18 provided counseling services, although NGOs argued these efforts were inadequate.

Despite government efforts, violence against women, including rape, was pervasive. In September attorney Anibel Gonzalez was shot and killed by her former husband Yasmil Fernandez, who then committed suicide. Fernandez previously attacked Gonzalez in 2017 and was sentenced to five years in prison for attempted murder. Press, civil society, and politicians called for an investigation and heavily criticized the Attorney Generals Office for its handling of the case. The press and civil society questioned why Fernandez was permitted a cell phone while incarcerated, from which he placed harassing calls to Gonzalez, and questioned why, in contravention of the law, Fernandez was released on parole before completing one-half of his sentence. Media reported the Attorney Generals Office transferred a prosecutor who opposed Fernandezs petition for early release. Her successor granted Fernandez parole in violation of the law. Following a similar incident in November that also resulted in the murder of a victim by her recently paroled former husband, the Attorney Generals Office pressed civil charges against the prosecutor involved in both cases.

Sexual Harassment: Sexual harassment in the workplace is a misdemeanor, and conviction carries a sentence of one year in prison and a fine equal to the sum of three to six months of salary. Union leaders reported the law was not enforced and that sexual harassment remained a problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men. In November the Latin American Public Opinion Project published findings that 66 percent of Dominicans believed a womans children suffer when she works outside of the home.

Children

Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are in transit, or to parents who are illegally in the country (see also section 2.g.). A child born abroad to a Dominican mother or father may also acquire citizenship. A child not registered at birth remains undocumented until parents file a late declaration of birth.

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Education: The constitution stipulates free, compulsory, and universal public education through age 18. Public schools enrolled children who lacked identity documentation and promoted undocumented children between grades, although an identity document was necessary for the Ministry of Education to issue a high- school diploma. The Ministry of Education and the Vice Presidents Office, through the Progressing with Solidarity program, worked with families to assist with late registration of birth and identity documentation.

Child Abuse: Abuse of children, including physical, sexual, and psychological abuse, was a serious problem. The law contains provisions concerning child abuse, including physical and emotional mistreatment, sexual exploitation, and child labor. The law provides for sentences of two to five years incarceration and a fine of three to five times the monthly minimum wage for persons convicted of abuse of a minor.

Early and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of female minors, younger than age 18 was common. According to a 2019 UNICEF-supported government survey, 12 percent of girls were married by age 15 and 36 percent by age 18. In addition, 22 percent of girls ages 15 to 19 had been pregnant, an issue directly related to early marriage. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas. More than one-half of women in the countrys poorest quintile were married by age 17.

Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than age 18. NGOs noted that due to the law that allows marriage with parental consent for girls as young as 15, some men arrange to marry girls to avoid prosecution for statutory rape. Penalties for conviction of statutory rape are 10 to 20 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

Children were exploited for commercial sex, particularly in coastal, tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.

Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking.

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Anti-Semitism

The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

Although the law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, these individuals encountered discrimination in employment, education, the judicial system, and in obtaining health care and transportation services. The law provides for access to basic services and physical access for persons with disabilities to all new public and private buildings. It also specifies that each ministry should collaborate with the National Disability Council to implement these provisions. Authorities worked to enforce these provisions, but a gap in implementation persisted. Very few public buildings were fully accessible. The Attorney Generals Office signed an agreement with the Council on People with Disabilities to provide services and accessibility to persons with disabilities who access the justice system.

The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities and to operate schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 21 of children with disabilities--in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. The most recent information, from a 2016 Ministry of Education report, found that 80 percent of registered students with disabilities attended some form of school.

National/Racial/Ethnic Minorities

The law prohibits discrimination on the basis of skin color and nationality. There was evidence of racial prejudice and discrimination against persons of dark complexion, Haitians, or those perceived to be Haitian. The government denied such prejudice or discrimination existed and did little to address the problem. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent and Haitian migrants (see also sections 1.d., 2.d., and 2.g.).

According to media reports, in June a mob in Santiago lynched one Haitian immigrant and severely injured another. The men were falsely accused of killing a Dominican. The true killer, the victims relative, later confessed to the crime. At years end no one had been arrested for either the killing or the violent assault on the Haitian immigrants.

A 2017 National Statistics Office and UN Population Fund study estimated Haitians constituted 7.4 percent of the population, of whom two-thirds were Haitian-born immigrants and one-third were persons of Haitian descent. In March the IACHR noted the absence of a comprehensive policy to prevent, protect from, and punish acts of violence against Haitian nationals in the country. The IACHR assessed that the government had partially implemented the IACHRs 2017 recommendations to address this concern.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

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In March, Amnesty International released a report detailing incidents of police rape and abuse of transgender sex workers (see also section 1.c.). Other NGOs reported police abuse, including arbitrary arrest, police violence, and extortion against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society to the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

HIV and AIDS Social Stigma

Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch, Amnesty International, and the International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many workers found to have the disease were not hired, and some of those already employed were either fired from their jobs or denied adequate health care.

Other Societal Violence or Discrimination

On a number of occasions, citizens attacked and sometimes killed alleged criminals in vigilante-style reprisals for theft, robbery, or burglary.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, with the exception of the military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, a requirement, considered excessive by the ILO, restricts trade union rights by requiring unions to represent 51 percent of the workers in an enterprise in order to bargain collectively. In addition the law prohibits strikes until mandatory mediation requirements have been met. Formal requirements for a strike to be

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 23 legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before the strike can proceed. Government workers and essential public service personnel may not strike. The government considers teachers as essential, as are public service workers in communications, water supply, energy supply, hospitals, and pharmacies.

The government did not effectively enforce laws related to freedom of association and collective bargaining. Enforcement and penalties were not sufficient to deter violations. The process for addressing labor violations through criminal courts can take years, leaving workers with limited protection in the meantime. There were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide identity documents to participate in the union despite the fact that the labor code protects all workers regardless of their legal status.

Labor NGOs reported companies resisted collective negotiating practices and union activities. Companies reportedly fired workers for union activity and blacklisted trade unionists, among other antiunion practices. Workers reported they believed they had to sign documents pledging to abstain from participating in union activities. Companies also created and supported yellow or company- backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

Some companies used short-term contracts and subcontracting, which made union organizing and collective bargaining more difficult. Few companies had collective bargaining pacts, partly because companies created obstacles to union formation

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 24 and could afford to go through lengthy judicial processes that independent unions could not afford.

Unions in the FTZs, which are subject to the same labor laws as all other workers, reported that their members hesitated to discuss union activity at work due to fear of losing their jobs. Unions accused some FTZ companies of dismissing workers who attempted to organize unions. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment and fines for persons convicted of engaging in forced labor. Such penalties were sufficiently stringent to deter violations.

The government reported it received no forced labor complaints during the year but there were reports of forced labor of adults and children in construction, agriculture, and services.

The law applies equally to exploitation of migrant workers, but Haitian workers lack of documentation and uncertain legal status in the country made them more vulnerable to forced labor. NGOs reported many irregular Haitian laborers and citizens of Haitian descent did not exercise their rights due to fear of being fired or deported.

Also see the Department of States Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report. c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 14 and places restrictions on the employment of children younger than age 16, limiting their working hours to six hours per day. For persons younger than age 18, the law limits night work and prohibits employment in dangerous work such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law provides penalties for child labor violations, including fines and prison sentences. Penalties were sufficient to deter violations.

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 25 for enforcing child labor laws, and they did effectively enforce the law. The government has established mechanisms to coordinate its efforts on child labor.

The porous border with Haiti allowed some Haitian children to be trafficked into the country, where they were forced into commercial sexual exploitation or forced to work in agriculture, often alongside their parents, domestic work, street vending, or begging (see also section 6).

The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to HIV/AIDS-positive persons; and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6). In March the IACHR annual report noted with concern the absence of concrete policies targeting the reduction of discrimination in the workplace. e. Acceptable Conditions of Work

The law provides for a minimum wage that varies depending on the size of the enterprise and type of labor. As of October the minimum wage for all sectors, except sugar cane harvesters, was above the official poverty line; however, a study by the Juan Bosch Foundation found that only one-half of the minimum wage rates were high enough for a worker to afford the minimum family budget. The government estimated 23 percent of the population was living in poverty.

Country Reports on Human Rights Practices for 2019 Uied Sae Deae f Sae Bea f Decac, Ha Righ, and Labor DOMINICAN REPUBLIC 26 provides for paid annual holidays and premium pay for overtime, enforcement was ineffective. The law prohibits excessive or compulsory overtime and states that employees may work a maximum of 80 hours of overtime over the course of three months.

The labor code covers different sectors separately. For example, the section covering domestic workers establishes lower standards for hours of work, rest, annual leave, sick leave, and remuneration, and it does not provide for notice or severance payments. Domestic workers are entitled to two weeks paid vacation after one year of continuous work as well as a Christmas bonus equal to one months wage. The labor code also covers workers in the FTZs, but they are not entitled to bonus payments.

The law applies to both the formal and informal sectors, but it was seldom enforced in the informal sector. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets workplace safety and health regulations that are appropriate for the main industries. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they may face less severe reprisal.

Authorities conducted inspections but did not adequately enforce minimum wage, hours of work, and workplace health and safety standards. Penalties for violations were not sufficient to deter violations. The Public Ministry is responsible for pursuing and applying penalties for labor violations uncovered by labor inspectors; it infrequently applied penalties in practice. During the year the Ministry of Labor increased its inspector workforce by 30 percent from 2018, but the number of labor inspectors remained insufficient.

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Industrial accidents caused injury and death to workers, but information on the number of accidents was unavailable.

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DOMINICAN REPUBLIC 2018 HUMAN RIGHTS REPORT

EXECUTIVE SUMMARY

Civilian authorities at times did not maintain effective control over the security forces.

Human rights issues included reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; arbitrary detention; harsh and life-threatening prison conditions; arbitrary interference with privacy; criminal libel for individual journalists; corruption; police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and forced labor and child labor.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially concerning officials of senior rank.

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. In November Ruben Dario Hipolite Martinez, who was wanted for allegedly shooting a Navy spokesman, was shot and killed minutes after pleading for his life on a live internet video stream, according to media accounts. A National Police spokesman stated the officers involved were suspended and under investigation. The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported 115 extrajudicial killings by police forces as of December 10.

As of November Fernando de los Santos was in detention and awaiting trial. The former police lieutenant had been wanted since 2011 for the killing of two men and

DOMINICAN REPUBLIC 2 had been named in media accounts as the suspect in the killing of at least 30 persons. Some of those killed were believed to be criminals wanted by police, while others were killings for hire committed on behalf of drug traffickers, according to media accounts. b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. The NHRC reported it continued to investigate six unresolved disappearance cases of human rights activists that occurred between 2009 and 2014, some of which they believed were politically motivated. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits torture, beating, and physical abuse of detainees and prisoners, there were reports security force members, primarily police, carried out such practices.

The NHRC reported police used various forms of physical and mental abuse to obtain confessions from detained suspects. According to the NHRC, methods used to extract confessions included covering detainees heads with plastic bags, hitting them with broom handles, forcing them to remain standing overnight, and hitting them in the ears with gloved fists or hard furniture foam so as not to leave marks. In June the newspaper El Caribe reported allegations that inmates in Rafey Jail were frequently tortured, which penitentiary authorities denied.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in model prisons or correctional rehabilitation centers (CRCs) to harsh and life threatening in traditional prisons. Threats to life and health included communicable diseases, inadequate sanitary conditions and medical care, a lack of well-trained prison guards, and prisoner-on-prisoner violence, all of which were exacerbated in the severely overcrowded traditional prisons.

Physical Conditions: Gross overcrowding was a problem in traditional prisons. The Directorate of Prisons reported that as of August there were 17,094 prisoners in traditional prisons and 9,192 in CRCs, a ratio that remained constant for the past several years because traditional prisons had not been phased out. La Victoria, the

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 3 oldest traditional prison, held nearly 8,000 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at all 19 traditional prisons exceeded capacity, while only one of 22 CRCs was over capacity. Both male and female inmates were held in La Romana Prison but in separate areas.

Police and military inmates received preferential treatment, as did those in traditional prisons with the financial means to rent preferential bed space and purchase other necessities.

According to the Directorate of Prisons, military and police personnel guarded traditional prisons, while a trained civilian guard corps provided security at CRCs. Reports of mistreatment and violence in traditional prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some traditional prisons remained effectively outside the control of authorities, and there were reports of drug and arms trafficking, prostitution, and sexual abuse within prisons. Wardens at traditional prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not have the capability to do so.

In traditional prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because there were no beds available. Prison officials did not separate sick inmates. Delays in receiving medical attention were common in both the traditional prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or other outside associates to deliver their medications. Most reported deaths were due to illnesses. According to the Directorate of Prisons, all prisons provided HIV/AIDS treatment, but the NHRC stated that none of the traditional prisons were properly equipped to provide such treatment.

In CRCs, some prisoners with mental disabilities received treatment, including therapy, for their conditions. In traditional prisons, the government did not provide services to prisoners with mental disabilities. Neither CRCs nor traditional prisons provided access for inmates with disabilities, including ramps for wheelchairs.

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 4 structures to protect waiting detainees from the sun. The General Directorate of Migration generally provided food to detainees being held at the border with Haiti but at times asked the IOM for support.

In October 2017 the Constitutional Tribunal declared the condition of some jails were a gross and flagrant violation of the constitution and ordered the Attorney Generals Office to take steps to improve them within 180 days or face a fine of approximately 21,450 pesos ($430) per day. In April the attorney general announced the creation of mobile courts at some prisons, including the largest, La Victoria, to speed up the processing of cases and reduce overcrowding.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits and monitoring by independently funded and operated nongovernmental observers and media. The NHRC, National Office of Public Defense, Attorney Generals Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits. d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a criminal act or in other special circumstances but permits detention without charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported many detainees were taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

Role of the Police and Security Apparatus

The Ministry of Interior and Police oversees the National Police, Tourist Police, and Metro Police. The Ministry of Armed Forces directs the military, Airport Security Authority and Civil Aviation, Port Security Authority, and Border Security Corps. The National Department of Intelligence and the National Drug

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Control Directorate, which have personnel from both police and armed forces, report directly to the president.

Civilian authorities at times did not maintain effective control over security forces, including police and military forces. The government has effective mechanisms to investigate and punish abuses; however, the NHRC alleged security forces sometimes act with impunity.

The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police. These cases involved physical or verbal aggression, threats, improper use of a firearm, muggings, and theft. Police officers found to have acted outside of established police procedures were fired or prosecuted.

Training for military and the National Drug Control Directorate enlisted personnel and officers and the National Police included instruction on human rights. The Ministry of the Armed Forces provided human rights training or orientation to officers of various ranks as well as to civilians during the year. The Border Security Corps conducted mandatory human rights training at its training facilities for border officers. The Graduate School of Human Rights and International Humanitarian Rights trained civilians and armed forces personnel. The school also had programs in which members of the armed forces and civilians from the Supreme Court, congress, district attorney offices, government ministries, National Police, and Central Electoral Board participated.

In October 2017 the National Police announced that officers and recruits applying to join the police force who were suspected of corruption would be required to take polygraph tests. In June the chief of the National Police said 1,416 officers had been removed from the force during his first 10 months in office after internal affairs investigations found they had committed misconduct. In September the National Police warned commanding officers that if they did not declare their financial assets as required by law, they could lose their commands.

Arrest Procedures and Treatment of Detainees

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 6 suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest, but these provisions were rarely used in cases involving foreigners.

The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The National Office of Public Defense represented 71 percent of the criminal cases brought before the courts as of August, covering 28 of 34 judicial districts. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, which the law prohibits by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high- crime communities during which they arrested and detained individuals without warrants. During these operations police arrested large numbers of residents and seized personal property allegedly used in criminal activity.

Pretrial Detention: Many suspects endured long pretrial detention. Under the criminal procedures code, a judge may order detention to be between three and 18 months. According to the Directorate of Prisons, as of October, 60 percent of inmates were in pretrial custody. The average pretrial detention time was three months, but there were reports of cases of pretrial detention lasting up to three years, including three foreign citizens held in pretrial detention since 2015 (two of whom were granted bail in September). Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court or because their lawyer, codefendants, interpreters, or witnesses did not appear. Despite additional protections for defendants in the criminal procedures code, in some cases authorities held inmates beyond the legally mandated deadlines even when there were no formal charges against them. e. Denial of Fair Public Trial

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 7 judiciary routinely dismissed high-level corruption cases. Corruption of the judiciary was also a serious problem. The National Office of Public Defense reported the most frequent form of interference with judicial orders occurred when authorities refused to abide by writs of habeas corpus to free detainees.

The Office of the Inspector of Tribunals, which disciplines judges and handles complaints of negligence, misconduct, and corruption, increased its technical training beginning in 2016, and as a result it opened more investigations. As of September the office had completed more than 700 inspections and investigations, more than triple the number completed in 2015. In April the Judicial Council approved revised, more stringent disciplinary regulations for judges. In June judicial authorities stated that in the past two years seven judges had been suspended, 10 demoted, and 15 expelled. Authorities also reprimanded or suspended 92 administrators, expelled 117, and were pursuing another 254 cases.

Trial Procedures

The law provides for the right to a defense in a fair and public trial; however, the judiciary did not always enforce this right.

The District Attorneys Office is required to notify the defendant and attorney of criminal charges. The law provides for a presumption of innocence, the right to confront or question witnesses, and the right against self-incrimination. Defendants have the right to be present at their trial and consult with an attorney in a timely manner, and the indigent have a right to a public defender. Defendants have the right to present their own witnesses and evidence. The law provides for free interpretation as necessary. The constitution also provides for the right to appeal and prohibits higher courts from increasing the sentences of lower courts. The courts frequently exceeded the period of time provided by the criminal procedures code when assigning hearing dates.

Military and police tribunals share jurisdiction over cases involving members of the security forces. Military tribunals have jurisdiction over cases involving violations of internal rules and regulations. Civilian criminal courts handle cases of killings and other serious crimes allegedly committed by members of the security forces.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

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Civil Judicial Procedures and Remedies

There are separate court systems for claims under criminal law, commercial and civil law, and labor law. Commercial and civil courts reportedly suffered lengthy delays in adjudicating cases, although their decisions were generally enforced. As in criminal courts, undue political or economic influence in civil court decisions remained a problem.

Citizens have recourse to file an amparo, an action to seek redress of any violation of a constitutional right, including violations of human rights protected by the constitution. This remedy was used infrequently and only by those with sophisticated legal counsel. f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Police conducted illegal searches and seizures, however, including raids without warrants on private residences in many poor neighborhoods.

Although the government denied using unauthorized wiretaps, monitoring of private email, or other surreptitious methods to interfere with the private lives of individuals and families, human rights groups and opposition politicians alleged such interference occurred. Opposition political parties alleged government officials at times threatened subordinates with loss of employment and other benefits to compel them to support the incumbent PLD party and attend PLD campaign events.

Section 2. Respect for Civil Liberties, Including: a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right.

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Press and Media Freedom: Independent media were active and expressed a wide variety of views, although there were some restrictions. In April the president of the Dominican Society of Dailies said members of media had limited access to cabinet members and government institutions and often reporters were not permitted to ask questions beyond the scope of what government officials wanted to promote or communicate, citing institutions such as the Office of the Presidency and National Police. The government responded that ministers, vice ministers, and agency directors had done 950 interviews in the year between print, radio, and television. In August the three hosts of the daily talk show Enfoque Matinal announced they were resigning after station management reportedly attempted to install two new, openly progovernment members on the talk shows cast. The journalists said they were leaving as the direct result of pressure from the Attorney Generals Office after they denounced irregularities in the appointment process of district attorneys and prosecutors.

Violence and Harassment: Journalists and other persons who worked in media were occasionally harassed or physically attacked. Some media outlets reported that journalists, specifically in rural areas, received threats for investigating or denouncing criminal groups or official corruption. The Inter American Press Association reported that journalists suffered violent attacks from military and police security details of government officials, particularly while covering civil society-led protests. In April a court sentenced Matias Avelino Castro to 20 years in prison for his role in the 2011 murder of journalist Jose Agustin Silvestre. Before the sentencing, the Committee to Protect Journalists issued a statement calling on authorities to protect the journalist Alicia Ortega of the news channel Noticias SIN, alleging she was harassed after she broadcast a segment about Avelino Castro. The Attorney Generals Office disclosed that it opened a criminal investigation into the allegations. As of October no arrests were made.

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Libel/Slander Laws: The law criminalizes defamation and insult, with harsher punishment for offenses committed against public or state figures than for offenses against private individuals. The Dominican College of Journalists reported that journalists were sued by politicians, government officials, and the private sector to pressure them to stop reporting. In 2016 the Constitutional Tribunal annulled several articles in the Law on Freedom of Expression that criminalized statements denouncing events that were of public interest and that authorities considered damaging. The court also ruled that media outlets, executive staff, and publishers are not liable for libel suits against individual journalists. While some observers proclaimed this relieved pressure on journalists by business interests that controlled much of the mainstream media, others described the ruling as benefiting business interests ability to distance themselves from protecting their editors and journalist teams. The law continues to penalize libel for statements concerning the private lives of certain public figures, including government officials and foreign heads of state.

Internet Freedom

According to the International Telecommunication Union, 65 percent of citizens used the internet in 2017.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. c. Freedom of Religion

See the Department of States International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 11 d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions. The government cooperated in a limited manner with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Civil society organization representatives said deportations of Haitian migrants and Dominicans of Haitian descent continued. They said some deportations were arbitrary and consisted of taking persons across the border without any record of doing so. IOM border monitoring found that some of those deported were unaccompanied children. In October 2017 the Center for Migration Observation and Social Development in the Caribbean reported concern regarding the lack of information on accountability mechanisms stipulating that migration officials and other members of state security adhere to legal provisions for due process and other rights of migrants during deportations. The center reported that abuses appeared to be greater when the deportations were carried out by military personnel than by officials of the General Directorate of Migration. In addition to deportation, undocumented Haitian victims faced increased vulnerability to trafficking.

The IOM reported cases of individuals deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences as well as deportations of women who left children behind in their residences.

A 2017 National Statistics Office and UN Population Fund study estimated the total Haitian population in the country at 750,150, of whom 497,800 were identified as Haitian immigrants and 252,350 were categorized as persons of Haitian descent. The exact number of undocumented persons was unclear.

The 2014 National Regularization Plan enabled undocumented migrants in the country to apply for temporary legal residency. In July 2016 the government extended the expiration date of the temporary resident cards issued under the plan, marking the third time the government had done so. The plan granted temporary residency status to more than 260,000 irregular migrants (98 percent Haitian).

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UN officials accompanied immigration authorities during interception procedures conducted in different provinces. According to the United Nations, deportation procedures were generally orderly, legal, and individualized, in compliance with applicable international human rights standards, although there were reports of arbitrary detentions and deportations of Haitian migrants and their descendants, as well as persons perceived as such.

Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status. While the government has established a system for providing protection to refugees, it has not effectively implemented it. A 1983 decree created the National Office of Refugees in the Migration Directorate of the National Commission for Refugees (CONARE). CONARE is an interministerial body, composed of the Foreign Ministry, National Department of Investigations, and General Directorate of Migration, that adjudicates asylum claims.

A 2013 CONARE resolution requires individuals to apply for asylum within 15 days of arrival in the country. Under this resolution, if an asylum seeker is in the country for more than 15 days and does not apply for asylum, the individual permanently loses the right to apply for asylum. The resolution also rejects any asylum application from an individual who was in, or proceeds from, a foreign country where the individual could have sought asylum. Thus, the government makes inadmissibility determinations administratively before an asylum interview or evaluation by CONARE.

According to refugee NGOs, there was no information posted at ports of entry to provide notice of the right to seek asylum or of the timeline or process for doing so. Furthermore, the NGOs reported that immigration officials did not know how to handle asylum cases. UNHCR protection officers were occasionally and unpredictably granted access to detained asylum seekers. CONARE policies do not provide for protection screening in the deportation process. By law the government must afford due process to detained asylum seekers, and those expressing a fear of return to their country of nationality or habitual residence should be allowed to apply for asylum under the proper procedures. Nonetheless, there was generally neither judicial review of deportation orders nor any third- party review to provide for protection screening.

UN officials said a lack of due process resulted in arbitrary and indefinite detention of persons of concern with no administrative or judicial review and a 96 percent

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 13 rejection rate of asylum applications submitted to CONARE since 2013. As a result, asylum seekers and refugees in the country were at risk of refoulement and prolonged detention.

According to UNHCR, as of June the country hosted 865 asylum seekers and 583 refugees, of whom only 11 were recognized by CONARE. Of the more than 300 asylum-seeker cases between 2012 and 2016 that received a final decision, the government rejected 99 percent with the vague justification of failure of proof. NGOs concluded this alone was evidence of systemic discrimination, as 99 percent of asylum seekers were also of Haitian origin.

High costs and tedious renewal procedures made it unsustainable for refugees to stay in the country with valid migratory documents.

The border police and immigration officials were not adequately trained for gender-sensitivity and nondiscriminatory practices when dealing with female asylum seekers and refugees, according to UNHCR. The country failed to implement a gender-sensitive identification system for female asylum seekers and refugees that was not based on prejudices and stereotyped notions of women, including victims of trafficking or sexual exploitation.

CONARE did not provide rejected asylum seekers details of the grounds for the rejection of their initial application for asylum or information regarding the process for appeal. Rejected applicants received a letter informing them that they had 30 days to leave the country voluntarily. Per government policy, rejected asylum seekers have seven days from receipt of notice of denial to file an appeal; however, the letter providing notice of denial did not mention this right to appeal.

During the year government authorities involved in screening at points of entry and at detention centers, including immigration officers, members of the armed forces, judicial authorities, and police officers, participated in UNHCR-sponsored training designed to ensure that asylum procedures are fair, efficient, and gender sensitive.

Freedom of Movement: The government issued travel documents to approved refugees for a fee of 3,150 pesos ($63). Refugees commented that the travel document listed their nationality as refugee and not their country of origin. Asylum seekers with pending cases had only a letter to present to avoid deportation, which deterred freedom of movement.

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Refugees recognized by CONARE underwent annual re-evaluation of their need for international protection, a procedure counter to international standards, and were issued one-year temporary residence permits that could not be converted to a permanent residence permit. Some refugees recognized by CONARE were also issued travel documents that were not accepted in visa application processes, or they were not issued travel documents at all.

Although the constitution prohibits administrative detention and the law establishes that asylum seekers should not be detained under any circumstance, UNHCR officials reported that the lack of access and monitoring of detention centers resulted in the frequent, arbitrary, and indefinite detention of persons in need of international protection.

Employment: The government prohibited asylum seekers with pending cases from working. This situation was further complicated by the long, sometimes indefinite, waiting periods for pending cases to be resolved. Lack of documentation also precluded refugees from certain employment. Employment was nonetheless a requirement for the government to renew refugees temporary residency cards.

Access to Basic Services: Approved refugees receive the same rights and responsibilities as legal migrants with temporary residence permits. This provided refugees the right to access education, employment, health care, and other social services. Nonetheless, UNHCR reported that problems remained. Only those refugees able to afford health insurance were able to access adequate health care. Refugees reported their government-issued identification numbers were not recognized, and thus they could not access other services, such as opening a bank account or entering service contracts for basic utilities, and instead had to rely on friends or family for such services. Refugees who did not receive migratory permits lived on the margins of the migratory system. Foreigners often were asked to present legal migratory documents to obtain legal assistance or access the judicial system; therefore, many refugees and asylum seekers were unable to find legal remedies for predicaments they faced under criminal, labor, family, or civil law.

Stateless Persons

Prior to 2010 the constitution bestowed citizenship upon anyone born in the country except children born to diplomats and children born to parents who are in transit. The 2010 constitution added an additional exception for children born in the country to parents without migratory status. In 2013 the Constitutional

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Tribunal ruled that undocumented migrants were considered in transit for purposes of citizenship transmission, and thus all children born to undocumented migrant parents were not Dominican citizens. The ruling retroactively revised the countrys citizenship transmission laws and stripped citizenship from approximately 135,000 persons, mostly the children of undocumented Haitian migrants, who had been conferred citizenship by virtue of jus soli since 1929.

Until 2012 the Haitian constitution did not permit dual citizenship. Therefore, individuals of Haitian descent who obtained Dominican citizenship at birth by virtue of birth on Dominican soil forfeited their right to Haitian citizenship. The 2013 Constitutional Tribunal ruling therefore stripped nearly all of those affected of the only citizenship they held. The Inter-American Commission on Human Rights (IACHR), UNHCR, and Caribbean Community criticized the 2013 tribunal judgment. The IACHR found that the 2013 ruling implied an arbitrary deprivation of citizenship and that it had a discriminatory effect, stripped citizenship retroactively, and led to statelessness for individuals not considered citizens.

In 2014 President Medina signed and promulgated a law to regularize and (re)issue identity documents to individuals born in the country between June 16, 1929, and April 18, 2007, to undocumented migrant parents, who were previously registered in the civil registry (Group A), recognizing them as Dominican citizens from birth. Based on an audit of the national civil registry archives, that population was estimated to total 60,000. By the end of 2017, according to the civil registry, 20,872 Group A persons had been issued birth certificates or national identity cards.

The 2014 law also creates a special path to citizenship for persons born to undocumented migrant parents who never registered in the civil registry, including an estimated 45,000-75,000 undocumented persons, predominantly of Haitian descent (Group B). Group B individuals were able to apply for legal residency under this law and apply for naturalized citizenship after two years. The law granted Group B individuals 180 days to apply for legal residency, an application window that closed on January 31, 2015. A total of 8,755 Group B individuals successfully applied before that deadline. NGOs and foreign governments expressed concern for the potentially large number of Group B persons who did not apply before the deadline. The government committed to resolve any unregistered Group B cases but did not identify the legal framework under which that commitment would be fulfilled. The government also committed not to deport anyone born in the country.

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In 2015 the civil registry (known as the Central Electoral Board or JCE) announced it had transferred the civil records of the 54,307 individuals identified in Group A to a separate civil registry book and annulled their original civil registrations. The JCE invited those on the list to report to JCE offices and receive a reissued birth certificate. In 2015 civil society groups reported that many Group A individuals experienced difficulties obtaining reissued birth certificates at JCE offices. NGOs documented cases of individuals they determined qualified as Group A but were not included in the JCEs audit results list. In response to complaints, the government created channels for reporting missing cases, delays, or failures to issue Group A nationality documents in JCE satellite offices, including a telephone line and social media accounts. NGOs reported the measures led to improved document issuance rates for Group A.

UN officials and NGOs said the law on nationality had a disproportionate and negative impact on women and their children. They reported that mothers, especially unmarried mothers of Haitian origin, were unable to register their children on an equal basis as the fathers. The law requires a different birth certificate for foreign women who do not have documentation of legal residency. This led to discrimination in the ability of children born to foreign women with Dominican citizen fathers to obtain Dominican nationality, especially if they were of Haitian descent. This was not true in the reverse situation when children were born to a Dominican citizen mother with a foreign-born father.

Dominican-born persons of Haitian descent without citizenship or identity documents faced obstacles traveling both within and outside the country. In addition, undocumented persons may not obtain national identification cards or voting cards. Persons who did not have a national identification card or birth certificate had limited access to electoral participation, formal-sector jobs, public education, marriage and birth registration, formal financial services such as banks and loans, courts and judicial procedures, and ownership of land or property.

Between 2015 and September 2018, officials from the IOM identified 20 Group A or B beneficiaries who were deported by government authorities. UNHCR reported during the year that it was able to prevent the deportation of 12 Group A or B beneficiaries by coordinating with the General Directorate of Migration.

In March the IACHR removed the country from a black list reserved for countries with the most egregious violations of human rights, where it had been placed in 2017 because of its treatment of Dominicans of Haitian descent. The removal was due to the government agreement to create a working group with civil society

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 17 participation that would address 12 issues the IACHR identified as priorities, such as the impact of the 2013 Constitutional Tribunal decision that disproportionately deprived black, ethnically Haitian Dominicans of citizenship based on their race and national origin.

Section 3. Freedom to Participate in the Political Process

Elections and Political Participation

Recent Elections: In 2016 voters participated in general elections for all levels of government and elected Danilo Medina of the PLD as president for a second four- year term. The JCE instituted a system of electronic vote counting during this election. According to international observers and experts on electronic voting systems, the JCE did not follow international standards, as it neither audited nor gradually implemented the system. On election day many electronic voting systems failed or were unused. The JCE did not announce final, official results with all ballots counted until 13 days after the elections. Many congressional and municipal races remained contested for weeks after, leading to sporadic protests and violence. On election day the Organization of American States (OAS) and domestic observers noted widespread political campaigning immediately outside of voting centers in violation of the law, as well indications of vote buying.

Political Parties and Political Participation: The OAS and domestic NGOs criticized the inequality of preceding political campaigns regarding allocation of funding. By law major parties, defined as those that received 5 percent of the vote or more in the previous elections, received 80 percent of public campaign finances, while minor parties shared the remaining 20 percent of public funds. Civil society groups criticized the government and the incumbent PLD party for using public funds to pay for advertising in the months leading up to the 2016 elections, although the law prohibits the use of public funds for campaigns. In March 2016 President Medina ordered a stop to the use of public funds for the campaign, and government spending on advertising decreased. According to civil society groups, revenue from government advertising influenced media owners to censor voices in disagreement with their largest client, the PLD party. In August Congress passed and the president signed a Political Parties law, which among other provisions,

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 18 establishes limits on party financing, governs primaries, and amends regulations for the establishment of new political parties.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The JCE required political parties to comply with a 33 percent quota for nominations of women to posts as deputies and governors at the district level as well as specific quotas for other political offices.

Section 4. Corruption and Lack of Transparency in Government

NGOs noted the greatest hindrance to effective investigations was a lack of political will to apply the law and prosecute individuals accused of corruption, particularly when those accused included well-connected individuals or high-level politicians. Government corruption remained a serious problem and public grievance.

Corruption: In August the Attorney Generals Anticorruption Office ordered the arrest of Gabriel Antonio Mora Ramirez and Eddy Ramon Morfe after the Supreme Court ratified their two-year prison sentence for embezzling 185 million pesos ($3.7 million) from the Cabarete district board of directors.

Civil society organizations criticized the widespread practice of awarding government positions as political patronage and alleged many civil servants did not have to perform any job functions for their salary. Small municipalities reported having staffs far in excess of what the physical offices could house.

NGOs as well as individual citizens regularly reported acts of corruption by various officials, including police officers, immigration officials, and prison officials. The government on occasion used nonjudicial sanctions to punish corruption, including dismissal or transfer of military personnel, police officers, judges, and other minor officials engaged in bribe taking and other corrupt behavior. Widespread acceptance and tolerance of petty corruption, however, hampered anticorruption efforts.

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In June the attorney general dropped charges against seven of the 14 defendants indicted in May 2017 for alleged links to $92 million in bribes paid by the Brazilian construction company Odebrecht to obtain public works contracts. A national anticorruption citizens movement known as the Green Movement, created in January 2017 due to the Odebrecht scandal, continued during the year.

Financial Disclosure: The law requires the president, vice president, members of congress, some agency heads, and other officials, including tax and customs duty collectors, to declare their personal property within 30 days of being hired, elected, or re-elected as well as when they end their responsibilities. The constitution further requires public officials to declare the provenance of their property. The law makes the Chamber of Accounts responsible for receiving and reviewing these declarations, although many public officials did not comply. NGOs questioned the veracity of the declarations, as amounts often fluctuated significantly from year to year, and total declared assets often appeared unrealistically low.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Government Human Rights Bodies: The constitution establishes the position of human rights ombudsman, and in 2013 the Senate appointed Zoila Martinez, a former Santo Domingo district attorney, for a six-year term. The ombudsmans functions are to safeguard the fundamental human rights of persons and protect collective interests established in the constitution and law. There is also an interinstitutional human rights commission, chaired by the minister of foreign affairs and the attorney general. The Attorney Generals Office has its own human rights division.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and other forms of violence, such as

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 20 incest and sexual aggression. The sentences for conviction of rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

Rape was a serious and pervasive problem. Despite government efforts, violence against women was pervasive. The Attorney Generals Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the countrys 32 provinces. The Attorney Generals Office instructed its officers not to settle cases of violence against women and to continue judicial processes, even in cases in which victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling. In November 2017 the attorney general announced a new national plan to combat violence against women and funding for a City of Women to provide comprehensive services for victims. During the year the government relaunched its 24-hour domestic violence hotline, launched a national publicity campaign against domestic violence, opened five new victims assistance units (of a planned 14 new units), hired 200 new specialized staff to serve in the units, and signed an agreement with National University Pedro Henriquez Urena for a degree program for prosecutors and inspectors specializing in gender violence and in intrafamily and sex crimes. In September the attorney general also launched a 100-day challenge, for which his office opened 1,986 new domestic violence cases, nine times the number in the 100 days before the challenge. The attorney general declared his office resolved 215 cases during the challenge.

The Ministry of Women actively promoted equality and the prevention of violence against women through implementing education and awareness programs and the provision of training to other ministries and offices. It also operated shelters and provided counseling services, although NGOs argued these efforts were inadequate.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

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Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men (see also section 2.d.).

Children

Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are in transit, or to parents who are illegally in the country (see section 2.d.). A child born abroad to a Dominican mother or father may also acquire citizenship. A child not registered at birth remains undocumented until parents file a late declaration of birth.

Education: The constitution stipulates free, compulsory public education through age 18; however, education was not universal through the secondary level for undocumented students. Public schools enrolled children who lacked identity documentation and promoted undocumented children between grades, although an identity document was necessary for the Ministry of Education to issue a high- school diploma. The Ministry of Education and the Vice Presidents Office, through the Progressing with Solidarity program, worked with families to assist children with late registration of birth and identity documentation.

Early and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of women, before age 18 was common. According to a 2014 UNICEF-supported government survey, 10 percent of girls were married by age 15 and 37 percent by age 18. The government conducted no known prevention or mitigation programs. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas.

Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than age 18. Penalties for conviction of statutory rape are 10 to 20 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

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The commercial sexual exploitation of children generally occurred in tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.

Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking (see section 2.d.).

See the Department of States Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

International Child Abductions: The country is a party to the 1980 Hague Convention on International Child Abduction. See the Department of States Annual Report on International Parental Child Abduction at /travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for- providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of States Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

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The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities as well as to operate schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.

The law states the government should provide for persons with disabilities to have access to the labor market as well as to cultural, recreational, and religious activities, but it was not consistently enforced. There were three government centers for care of children with disabilities--in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. In 2016 the Ministry of Education reported that 80 percent of registered students with disabilities attended school, but this had not been independently verified.

National/Racial/Ethnic Minorities

There was evidence of racial prejudice and discrimination against persons of dark complexion, but the government denied such prejudice or discrimination existed and, consequently, did little to address the problem. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It does prohibit, however, discrimination on the grounds of social or personal condition and mandates that the state prevent and combat discrimination, marginalization, vulnerability, and exclusion. The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services.

NGOs reported police abuse, including arbitrary arrest, police violence, and extortion, against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society before the UN Human

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Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.

NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in such areas as health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

HIV and AIDS Social Stigma

Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch, Amnesty International, and the International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many workers found to have the disease were not hired, and those employed were either fired from their jobs or denied adequate health care.

Other Societal Violence or Discrimination

On a number of occasions, citizens attacked and sometimes killed alleged criminals in vigilante-style reprisals for theft, robbery, or burglary.

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, with the exception of military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, a requirement considered excessive by the ILO restricts trade union rights by requiring unions to represent 51 percent of the workers in an enterprise to bargain collectively. In addition, the law prohibits strikes until mandatory mediation requirements have been met. Formal requirements for a strike to be legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before proceeding with the strike. Government workers and essential public service personnel may not strike. The government considers essential public service personnel those workers in the fields of communications, water and energy supply, hospitals and pharmacies, as well as all other workers from similar industries.

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The law prohibits antiunion discrimination and forbids employers from dismissing an employee for participating in union activities, including being part of a committee seeking to form a union. Although the law requires the Ministry of Labor to register unions for them to be legal, it provides for automatic recognition of a union if the ministry does not act on an application within 30 days. The law allows unions to conduct their activities without government interference. Public- sector workers may form associations registered through the Office of Public Administration. The law requires that 40 percent of employees of a government entity agree to join a union for it to be formed. According to the Ministry of Labor, the law applies to all workers, including foreign workers, those working as domestic workers, workers without legal documentation, and workers in the free- trade zones (FTZs).

The government and private sector inconsistently enforced laws related to freedom of association and collective bargaining. Labor inspectors did not consistently investigate allegations of violations of freedom of association and collective bargaining rights. Workers in the sugar sector, for example, reported that labor inspectors did not ask them or their supervisors about freedom to associate, right to organize, union membership or activity, or collective bargaining, although workers had separately reported some instances of employers threatening them with firing or loss of housing if they met with coworkers.

Penalties under law for labor practices contrary to freedom of association range from seven to 12 times the minimum wage and may increase by 50 percent if the employer repeats the act. Noncompliance with a collective bargaining agreement is punishable with a fine. Such fines were insufficient to deter employers from violating worker rights and were rarely enforced. Additionally the process for dealing with disputes through labor courts was often long, with cases pending for several years. NGOs and labor federations reported companies took advantage of the slow and ineffective legal system to appeal cases, which left workers without labor rights protection in the interim.

There were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide legal documentation to participate in the union, despite the fact that the labor code protects all workers within the territory regardless of their legal status.

Labor NGOs reported the majority of companies resisted collective negotiating practices and union activities. Companies reportedly fired workers for union

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 26 activity and blacklisted trade unionists, among other antiunion practices. Workers frequently had to sign documents pledging to abstain from participating in union activities. Companies also created and supported yellow or company-backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

In early April autonomous trading unions protested against an international company, claiming violations of labor and freedom of association rights. The unions alleged the company had put pressure on them, dismissed workers unjustifiably, and offered money to the union leaders to leave their posts. At the end of the month, the international company released a statement denying the allegations.

Companies used short-term contracts and subcontracting, which made union organizing and collective bargaining more difficult. Few companies had collective bargaining pacts, partly because companies created obstacles to union formation and could afford to go through lengthy judicial processes that nascent unions could not afford.

The law applies equally to migrant workers, but NGOs reported that many irregular Haitian laborers and Dominicans of Haitian descent in construction and agricultural industries did not exercise their rights due to fear of being fired or deported. The 2017 survey by the National Statistics Office and UN Population Fund found that of the 334,092 Haitians age 10 or older living in the country, 67 percent were working in the formal and informal sectors of the economy. Multiple labor unions represented Haitians working in the formal sector; however, these unions were not influential. b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment with fines for persons convicted of forced labor. Such penalties were sufficiently stringent to deter abuses.

The government reported it received no forced labor complaints during the year.

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Haitian workers lack of documentation and legal status in the country made them vulnerable to forced labor. Dozens of sugarcane workers protested in front of the Haitian embassy in Santo Domingo early in September to demand documentation from their government. Although specific data on the problem were limited, Haitian nationals reportedly experienced forced labor in the service, construction, and agricultural sectors. Many of the 240,000 mostly Haitian irregular migrants who received temporary (one- or two-year) residency through the Regularization Plan for Foreigners worked in these sectors. In 2015 and 2016, the government created the regulatory framework to include documented migrants in the national social security network, including disability, health-care, and retirement benefits. As of November the government had enrolled 28,500 migrants in the social security network; more than 90 percent had registered under the regularization plan.

Also see the Department of States Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/. c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 14 and places restrictions on the employment of children younger than age 16, limiting their working hours to six hours per day. For persons younger than age 18, the law limits night work and prohibits employment in dangerous work, such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law also prohibits minors from selling alcohol, certain work in the hotel industry, handling cadavers, and various tasks involved in the production of sugarcane, such as planting, cutting, carrying, and lifting sugarcane, or handling the bagasse. Firms employing underage children are subject to fines and legal sanctions.

The Ministry of Labor, in coordination with the National Council for Children and Adolescents, is responsible for enforcing child labor laws. Gaps, including limited human and financial resources for the enforcement of child labor laws and inadequate assistance for victims of commercial sexual exploitation and harmful agricultural work, existed within the ministry that could hinder adequate enforcement of its child labor laws. While the ministry and the council generally effectively enforced regulations in the formal sector, child labor in the informal sector was a problem. The law provides penalties for child labor violations, including fines and prison sentences.

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A National Steering Committee against Child Labor plan to eliminate the worst forms of child labor established objectives, identified priorities, and assigned responsibilities to combat exploitative child labor. Several government programs focused on preventing child labor in coffee, tomato, and rice production; street vending; domestic labor; and commercial sexual exploitation.

The government continued to implement a project with the ILO to remove 100,000 children and adolescents from exploitative labor as part of its Roadmap towards the Elimination of Child Labor. The roadmap aimed to eliminate the worst forms of child labor in the country and all other types of child labor by 2020.

Child labor occurred primarily in the informal economy, small businesses, private households, and the agricultural sector. Children often accompanied their parents to work in agricultural fields. The commercial sexual exploitation of children remained a problem, especially in popular tourist destinations and urban areas. Forced child labor was mainly present in domestic work, agriculture, construction, street vending and begging, each sometimes as a result of human trafficking (see section 6, Children).

Also see the Department of Labors Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings. d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation.

The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to LGBTI persons, especially transgender persons; against HIV/AIDS-positive persons; and against persons with disabilities, persons of darker skin color, and women (see section 6). For example, the ILO noted its concern regarding sexual harassment in the workplace and urged the government to take specific steps to address existing social and cultural stereotypes contributing to discrimination. Discrimination against Haitian migrant workers and Dominicans of Haitian descent occurred across sectors. Haitians earned, on average, 60 percent of the amount a Dominican worker received in wages. Many Haitian irregular migrants did not have full access to benefits, including social security and health care (see sections 7.b. and 7.e.).

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e. Acceptable Conditions of Work

The law provides for a minimum wage, the amount of which depends on the size of the enterprise or type of labor. In 2016 the Ministry of Economy, Planning, and Development calculated the official poverty line at 4,644 pesos ($93) per household per month. As of November the minimum wage for all sectors was above the 2016 official poverty line. The ministry estimated that 30.5 percent of the population, approximately 3.2 million persons, were living in poverty. In 2015 the Juan Bosch Foundation released a study that reported 63 percent of workers did not receive an income sufficient to pay for the lowest-cost family budget, and only 3.4 percent received a salary adequate to provide for a family of four. The report stated that 80 percent of workers earned less than 20,000 pesos ($400) per month.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. While agricultural workers are exempt from this limit, in no case may the workday exceed 10 hours. The law stipulates all workers be entitled to 36 hours of uninterrupted rest each week. Although the law provides for paid annual holidays and premium pay for overtime, enforcement was ineffective. The law prohibits excessive or compulsory overtime and states that employees may work a maximum of 80 hours of overtime during three months. The labor code covers domestic workers but does not provide for notice or severance payments. Domestic workers are entitled to two weeks paid vacation after one year of continuous work as well as a Christmas bonus equal to one months wage. The labor code also covers workers in the FTZs, but they are not entitled to bonus payments.

The law applied to the informal sector, but it was seldom enforced. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets workplace safety and health regulations. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they could not do so without reprisal.

Authorities did not always enforce minimum wage, hours of work, and workplace health and safety standards. Penalties for these violations range between three and six times the minimum wage. Both the Social Security Institute and the Ministry of Labor had a small corps of inspectors charged with enforcing labor standards,

Country Reports on Human Rights Practices for 2018 United States Deae f Sae Bea f Decac, Ha Rgh ad Lab DOMINICAN REPUBLIC 30 but it was insufficient to deter violations. In September the NHRC and trade unions reported abusive practices by call centers, including inhuman working conditions, paying workers for fewer hours than worked, underpayment of social security taxes, interference with union organizing, and failure to meet international labor standards.

Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Dominican Federation of Free Trade Zone Workers reported that some companies set up four-by-four work schedules, under which employees worked 12-hour shifts for four days. In some cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of maximum work hours allowed under the law. Some companies paid biweekly salaries every eight days with the four-by-four schedules instead of weekly salaries with a standard 44-hour schedule every seven days. These practices resulted in underpayment of wages for workers, since they were not compensated for the extra hours worked.

Companies did not regularly adhere to workplace safety and health regulations. For example, the National Confederation of Trade Unions Unity reported unsafe and inadequate health and safety conditions, including lack of appropriate work attire and safety gear; vehicles without airbags, first aid kits, properly functioning windows, or air conditioning; inadequate ventilation in workspaces; an insufficient number of bathrooms; and unsafe eating areas.

Accidents caused injury and death to workers, but information on the number of accidents was unavailable.

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United Nations A/HRC/WG.6/32/DOM/2

General Assembly Distr.: General 13 November 2018 English

Original: English/Spanish

Human Rights Council Working Group on the Universal Periodic Review Thirty-second session 21 January1 February 2019

Compilation on the Dominican Republic

Report of the Office of the United Nations High Commissioner for Human Rights

I. Background

1. The present report was prepared pursuant to Human Rights Council resolutions 5/1 and 16/21, taking into consideration the periodicity of the universal periodic review. It is a compilation of information contained in reports of treaty bodies and special procedures and other relevant United Nations documents, presented in a summarized manner owing to word-limit constraints.

II. Scope of international obligations and cooperation with international human rights mechanisms and bodies1, 2

2. Several human rights bodies and mechanisms invited the Dominican Republic to become a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,3 the International Convention for the Protection of All Persons from Enforced Disappearance, 4 the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,5 the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,6 the Optional Protocol to the Convention on the Rights of the Child on a communications procedure,7 the 1954 Convention relating to the Status of Statelessness and the 1961 Convention on the Reduction of Statelessness.8 3. The United Nations country team noted that the Dominican Republic had not extended a standing invitation to the special procedures of the Human Rights Committee.9 The Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, recommended that the Dominican Republic should extend an open invitation to special procedures.10 4. The Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child expressed their concern at Constitutional Court ruling No. TC/0256/14 (2014) declaring unconstitutional the instrument accepting the competence of the Inter-American Court of Human Rights.11 The Human Rights Committee ed he Sae eeed iei acce ch competence.12

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5. The United Nations country team welcomed the technical assistance provided by a senior adviser from the Office of the United Nations High Commissioner for Human Rights between August 2014 and June 2018. Besides providing advice within the United Nations system, the adviser had provided technical support to the Ministry of Foreign Affairs for the drafting of the Naial Hma Righ Pla ad had heled he Ombdma Office strengthen its internal capacity in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).13

III. National human rights framework14

6. The Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights welcomed the National Development Strategy (20102030). 15 The Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic include action lines on persons with disabilities in the Strategy,16 and that the perspective of persons with disabilities be mainstreamed in the implementation of the Sustainable Development Goals.17 The Committee on Economic, Social and Cultural Rights urged the State party to establish independent oversight mechanisms to track progress towards the Goals.18 7. In 2017, the Human Rights Committee expressed its concern at the delay in the adoption of the National Human Rights Plan.19 The United Nations country team urged the Dominican Republic to approve the National Human Rights Plan and to begin its implementation as soon as possible.20 8. The Committee on the Rights of the Child and the Human Rights Committee welcomed the appointment of the Ombudsman in 2013.21 The Committee on Economic, Scial ad Clal Righ beed ha he Ombdma Office did hae he caaci or independence to carry out its human rights mandate, 22 while the Human Rights Committee was concerned that the Office was not in full compliance with the Paris Principles.23 The Special Rapporteur on the sale of children, the United Nations country team and the Human Rights Committee recommended that the Dominican Republic enable the Office to carry out its mandate effectively, independently and in full compliance with the Paris Principles.24 The Committee on Economic, Social and Cultural Rights encouraged the State party to ensure that the Ombudsman applied for accreditation from the Sub- Committee on Accreditation of the Global Alliance of National Human Rights Institutions.25 The United Nations country team made a similar recommendation.26 9. The United Nations country team reported that the Ministry of Foreign Affairs had launched a system for monitoring the fulfilment of recommendations for compiling information and tracking the implementation of recommendations made by the various human rights mechanisms.27 The Human Rights Committee welcomed the establishment of the system for tracking the implementation of United Nations recommendations.28

IV. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Cross-cutting issues

Equality and non-discrimination29

10. The Human Rights Committee was concerned at the lack of a comprehensive legal framework against discrimination. 30 The Committee on Economic, Social and Cultural Rights recommended that the Dominican Republic adopt the bill on equality and nondiscrimination, and that it include all the prohibited grounds of discrimination, define direct and indirect discrimination, prohibit discrimination in both the public and the private

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spheres and incorporate provisions on redress.31 The United Nations country team made a similar recommendation.32 11. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights were concerned at reported systematic and continued racial discrimination against Haitians and persons of Haitian descent. 33 The Committee on Economic, Social and Cultural Rights urged the Dominican Republic to adopt all necessary legislative and administrative measures to combat all forms of discrimination against such persons.34 12. The Human Rights Committee was concerned at reports of discrimination, violence and assault, including by the police, against lesbian, gay, bisexual, transgender and intersex persons, and in particular at the high rate of violence against transgender persons. It recommended that the Dominican Republic adopt laws to prohibit discrimination and hate crimes on grounds of sexual orientation or gender identity.35 The United Nations country team recommended that the Dominican Republic promote and protect the human rights of lesbian, gay, bisexual, transgender and intersex persons by advancing the affirmative action measures, public policies and legislation necessary to combat structural discrimination against persons belonging to this group.36

B. Civil and political rights

1. Right to life, liberty and security of person37 13. The Human Rights Committee welcomed the adoption of the Organic Act on the National Police No. 590-16 (2016) and the regulations on the use of force.38 The United Nations country team indicated that the Organic Act on the National Police took a more preventive approach and addressed issues related to use of force and strengthening internal and external oversight mechanisms.39 14. The Human Rights Committee was concerned at reports of police brutality and the excessive use of force by law enforcement personnel, in particular by the national police, and at reports of the large number of extrajudicial executions.40 The United Nations country team reported that use of force and police abuse had been the subject of ongoing concern and urged the national police authorities to review and enhance training concerning the use of force and use of firearms.41 15. The Human Rights Committee was concerned about reports of persistently high levels of prison overcrowding and inadequate living conditions, and the insufficient use of alternatives to incarceration. It recommended that the Dominican Republic improve detention conditions and reduce overcrowding by modernizing the prison system, promoting alternatives to deprivation of liberty and using pretrial detention only in exceptional cases. 42 The Committee on Economic, Social and Cultural Rights recommended that the State party ensure adequate living conditions in prisons.43 16. The Committee on the Rights of the Child recommended that the Dominican Republic prohibit the use of isolation cells and other cruel, inhuman or degrading punishment and treatment, prosecute alleged perpetrators and punish those convicted, and designate a supervisory body to monitor detention centres.44

2. Administration of justice, including impunity, and the rule of law45 17. The Human Rights Committee was concerned about the lack of effective guarantees of judicial independence and the fact that the composition of the National Council of the Judiciary did not guarantee that the selection process would ensure the independence, ability and integrity of judges.46 18. The Committee on the Elimination of Discrimination against Women noted the efforts made by the State party to strengthen the capacities of members of the judiciary in adopting a gender perspective when applying the law in cases involving violence against women, sexual violence and femicide, such as the project to strengthen the implementation of a policy on gender within the judiciary (20152019). 47 It recommended that the Dominican Republic adopt the law on access to justice for victims of domestic violence.48

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19. The Human Rights Committee was concerned about reported corruption at all levels of government and the surrounding impunity.49 According to the Committee on Economic, Social and Cultural Rights, the efforts made to prevent corruption were not effective enough. 50 Several Committees recommended that the Dominican Republic combat and eradicate corruption,51 investigate all cases of corruption and punish those responsible,52 address the underlying causes of corruption and ensure transparency in public administration.53

3. Fundamental freedoms and the right to participate in public and political life54 20. The Human Rights Committee was concerned at violence and intimidation against human rights defenders and journalists.55 The Committee on the Rights of the Child was concerned about reports of hostility and harassment faced by human rights defenders advocating for the rights of Haitian migrants and Dominicans of Haitian descent or denouncing child exploitation and trafficking. 56 The International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations noted the emerging cases of acts of violence and threats against trade union leaders.57 The Human Rights Committee recommended that the Dominican Republic effectively investigate incidents of violence and intimidation against human rights defenders and journalists, and punish perpetrators.58 The Committee on Economic, Social and Cultural Rights recommended that the Dominican Republic raise awareness of the importance of the work carried out by human rights defenders.59 21. The United Nations Educational, Scientific and Cultural Organization (UNESCO) noted that the Dominican Republic should decriminalize defamation and subsequently incorporate it into Civil Code, in accordance with international standards.60

4. Prohibition of all forms of slavery61 22. The Human Rights Committee was concerned that trafficking in persons, sexual abuse and sexual exploitation persisted, and involved primarily women, children and persons of Haitian origin. 62 The Committee on the Rights of the Child referred to the increase in the number of Haitian children trafficked for forced labour.63 23. The Special Rapporteur on the sale of children noted that unaccompanied minors arriving from Haiti were particularly vulnerable to multiple forms of exploitation and that many of these children were victims of smuggling and trafficking by mafia gangs that moved them across the border.64 She therefore recommended that the Dominican Republic step up investigations at the border with Haiti with a view to dismantling criminal structures engaged in the smuggling, trafficking and sexual exploitation of children, including the children of Haitian nationals living in the Dominican Republic.65 24. The Human Rights Committee was concerned at reports of labour exploitation and forced labour, particularly those concerning workers of Haitian origin, especially in the sugar industry. It recommended that the Dominican Republic prevent forced labour, punish those responsible and ensure that labour law was enforced through effective inspections and the imposition of penalties.66 The ILO Committee of Experts noted that the Dominican Republic was a source, transit and destination country for children who were trafficked for the purpose of commercial sexual exploitation and forced labour.67

C. Economic, social and cultural rights

1. Right to work and to just and favourable conditions of work68 25. The Committee on Economic, Social and Cultural Rights was concerned at the high rates of unemployment and underemployment and the large number of workers employed in the informal economy.69 The Committee on the Rights of Persons with Disabilities found that the number of persons with disabilities in formal employment was insufficient,70 and the Human Rights Committee noted the low employment rate of women with disabilities.71 The Committee on Economic, Social and Cultural Rights recommended that the Dominican

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Republic design a comprehensive employment policy targeting primarily young people, women and persons with disabilities.72 26. The ILO Committee of Experts observed that there were still marked differences in the gender wage gap in various regions of the country, in some cases reaching 25 per cent.73 27. The ILO Committee of Experts referred to cases of discrimination against Haitians, Dominicans of Haitian origin and dark-skinned Dominicans in all aspects of employment and occupation.74 28. The Committee on Economic, Social and Cultural Rights noted the substandard working conditions of women in certain sectors, such as free trade zones and the agricultural and domestic service sectors.75 It recommended that the State party guarantee, in both law and in practice, equal pay for work of equal value for men and women.76 29. The Committee was concerned that the rights to collective bargaining and to strike were limited by excessive legal requirements. 77 It urged the State party to bring its legislation on trade union rights into line with the International Covenant on Economic, Social and Cultural Rights and the ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).78 30. The Committee on the Elimination of the Discrimination against Women noted the amendments made by the State party to the Labour Code abolishing compulsory pregnancy testing and HIV/AIDS testing as a condition of employment, and programmes to prevent related forms of discrimination.79

2. Right to social security80 31. The Committee on Economic, Social and Cultural Rights urged the State party to develop a social security system that guaranteed universal social protection coverage and provided appropriate benefits for all workers and persons, especially those disadvantaged and marginalized, including migrants of Haitian origin.81

3. Right to an adequate standard of living82 32. The Special Rapporteur on the sale of children noted that social protection measures had enabled the Dominican Republic to make significant progress in the fight against poverty but that the vulnerability of families and levels of inequality had increased.83 The Committee on Economic, Social and Cultural Rights was concerned at the high levels of poverty, extreme poverty and inequality, especially in the cases of Haitians, Dominicans of Haitian descent, Afrodescendants and persons living in rural areas.84 33. Despite the efforts made by the State party, the Committee on Economic, Social and Cultural Rights regretted the insufficient investment in housing, including social housing, and the substandard housing conditions in the bateyes. It therefore recommended that the Dominican Republic adopt a comprehensive social housing strategy. 85 It also urged the State party to protect against forced eviction by adopting an appropriate legal framework.86 34. The Committee on Economic, Social and Cultural Rights was concerned at the insufficient drinking water supply and the limited access to adequate sanitation systems, particularly in rural areas.87

4. Right to health88 35. Despite the efforts made by the State party under the Ten-Year National Health Plan, the Committee on Economic, Social and Cultural Rights remained concerned at the low investment in health and at the inequality in terms of access to health.89 The Committee on the Rights of the Child recommended that the Dominican Republic increase its health budget.90 The Committee on Economic, Social and Cultural Rights recommended that the Dominican Republic make further efforts to ensure the accessibility, availability and quality of health care, particularly in rural and remote areas.91 The United Nations country team noted that the State party had succeeded in increasing the extent to which health security

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was accessible by establishing access to family health insurance as a right for all. Coverage had risen from 28 per cent of the total population in 2007 to 73.3 per cent in 2017.92 36. The United Nations country team noted that maternal and neonatal mortality rates remained above the average for Latin America and the Caribbean, that more than 80 per cent of maternal and neonatal deaths were preventable and the causes were linked to the low quality of health-care services.93 The Special Rapporteur on the sale of children noted that maternal mortality was the second highest cause of death among girls and young women between the ages of 14 and 23 years old .94 The Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights raised similar concerns.95 37. The Human Rights Committee was concerned about the complete ban on voluntary terminations of pregnancy, the violation of which carried a sentence of up to 20 years in prison, and the fact that the ban led to a large number of unsafe abortions and a high rate of maternal mortality.96 It recommended that the Dominican Republic amend its legislation to guarantee safe, legal and effective access to voluntary termination of pregnancy, and not to impose criminal sanctions on women and girls who underwent an abortion.97 38. Various Committees were concerned at the continuingly high rate of teenage pregnancy. 98 The Committee on the Rights of the Child stressed that some adolescent pregnancies were the result of sexual violence99 and that many maternal deaths were of adolescent girls. 100 The United Nations country team recommended that the Dominican Republic redouble its efforts in this area in order to make preventing teenage pregnancy a State priority.101 39. The Committee on the Rights of the Child recommended that the Dominican Republic ensure the sustainability of the HIV/AIDS programme, including for the prevention of mother-to-child transmission.102

5. Right to education103 40. The United Nations country team reported that the Dominican Republic had increased the budget allocated to pre-university education to 4 per cent of gross domestic product and acknowledged that the State party had made considerable efforts to improve its education system. It also noted that, while primary education attendance had increased, to 92 per cent at present, improving secondary school attendance, which was currently 55 per cent, and rising slowly, remained a challenge. 104 Despite several initiatives to increase school attendance, as well as the quality and access to basic education, the ILO Committee of Experts observed that major disparities in secondary school attendance in relation to the rate of primary school persisted.105 The Special Rapporteur on the sale of children noted that the introduction of the extended-day programme in schools had allowed for significant advances to be made.106 41. The Committee on the Rights of the Child noted the Ten-Year Education Plan 2008 2018 and the increase in educational coverage,107 while the Committee on Economic, Social and Cultural Rights welcomed the efforts made to increase education spending and to improve school infrastructure.108 It expressed its concern, however, at the poor quality of instruction and the high dropout and repetition rates, particularly at the primary level.109 The Committee on the Rights of the Child noted the high number of dropouts among pregnant girls and adolescent mothers.110 The Committee on Economic, Social and Cultural Rights recommended that the Dominican Republic enhance the quality of instruction and adopt appropriate measures to reduce the school dropout and repetition rates at all levels of education, especially among marginalized and disadvantaged students.111 UNESCO made a similar recommendation.112 42. The Committee on the Rights of the Child referred to the still insufficient educational infrastructure, to the high number of dropouts among pregnant girls and adolescent mothers,113 and to the high rate of violence and bullying among students. 114 UNESCO noted that extreme social inequality had a significant negative influence on school enrolment and the education environment.115 It therefore recommended that the State take measures to improve education quality, which could be provided through adequate school infrastructure and a learning environment free of school violence.116

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43. According to UNESCO, inclusive education still faced great challenges in the Dominican Republic, especially with regard to students with disabilities and children of Haitian descent. 117 The United Nations country team recommended that the Dominican Republic strengthen its efforts to improve the quality of education, to extend the educational inclusion of children with disabilities and to foster the expansion of technical and vocational training centres. 118 The Committee on the Rights of Persons with Disabilities made similar recommendations. 119

D. Rights of specific persons or groups

1. Women120 44. The Committee on the Rights of the Child welcomed the National Gender Equality and Equity Plan (20072017).121 The Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic include women and girls with disabilities in the work and policies of the Ministry for Women.122 45. The Committee on the Rights of the Child remained concerned at persistent discrimination against and gender stereotyping of women and girls, which contributed to the high prevalence of gender-based violence, particularly against girls of Haitian origin.123 46. Despite the significant efforts made by the State party, the Human Rights Committee remained concerned at the high rates of violence against women, including domestic violence, and at the persistently high number of femicides and rapes. 124 The Committee on the Elimination of Discrimination against Women regretted that the bill to combat violence against women had not yet been adopted and that no steps had been taken to implement a national plan of action to prevent and combat such violence.125 The United Nai c eam ecmmeded ha he Dmiica Reblic me me igh to a life free from violence by building consensual support for a comprehensive law on the prevention, treatment, punishment and eradication of violence against women and for the allocation of greater resources to the Ministry of Women.126 47. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights were concerned about the limited participation of women in political and public life, and their underrepresentation in both the public and private sectors. They recommended ha he Dmiica Reblic make fhe eff iceae me eeeai and participation, including through temporary special measures.127 The United Nations country team reported that the 2016 elections had brought advances in the political participation of women but that women were still underrepresented in ministries, decentralized agencies, diplomatic missions and provincial government.128

2. Children129 48. The Committee on the Rights of the Child welcomed the Policy on Early Childhood (2013)130 and recommended that the Dominican Republic allocate adequate resources to the Comprehensive Early Childhood Protection and Care Plan (2013). 131 The Special Rapporteur on the sale of children recommended that the Dominican Republic strengthen the National Council for Children and Adolescents and provide it with the technical and financial resources needed to fulfil its mandate.132 The Committee on the Rights of the Child made a similar recommendation.133 49. The Committee on Economic, Social and Cultural Rights was concerned that a significant number of children under the age of 5 were not registered, and the Human Rights Committee expressed its concern at the low rate of birth registration.134 The Human Rights Committee recommended that the Dominican Republic make further efforts to ensure that all children born in its territory were registered and issued with an official birth certificate. 135 The Committee on Economic, Social and Cultural Rights made a similar recommendation.136 50. The Special Rapporteur on the sale of children indicated that the Dominican Republic had the highest rate of child marriage in Latin America and the Caribbean and that girls were most likely to be affected, in violation of their rights to health, education and

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development.137 She also recommended that the Dominican Republic raise the minimum age of marriage to 18 years for both men and women, without exception, and that child marriage be defined as an offence in the Criminal Code.138 The Committee on the Rights of the Child made similar recommendations.139 51. The Special Rapporteur on the sale of children expressed concern about the multiple forms of sale, exploitation and sexual abuse of children that persisted in the Dominican Republic, and about the sexual violence to which children were exposed within families.140 The Committee on the Rights of the Child referred to the high prevalence of corporal punishment of children.141 It recommended that the State adopt a comprehensive law that addressed all forms of violence and explicitly prohibited corporal punishment in all settings.142 52. The Committee on the Rights of the Child was concerned at the high prevalence of sexual abuse and exploitation of children and adolescents, particularly of Haitian descent, including by foreign tourists, and cases involving the Roman Catholic Church.143 According to the Committee on Economic, Social and Cultural Rights, the privileges afforded to members of the Catholic clergy had constituted barriers to the prosecution of some clerics.144 53. The Special Rapporteur on the sale of children noted that the incidence of sexual exploitation of children was concentrated mainly in coastal towns such as Bávaro, Boca Chica, Cabarete, Las Terrenas and Sosúa. 145 She recommended that the Dominican Republic introduce a sustainable tourism development strategy within the Ministry of Tourism that included a child sex tourism prevention plan spearheaded by the Ministry in conjunction with the private sector, migration authorities, police, airports, the Special Corps for Tourism Security, the National Council for Children and Adolescents, the Attorney Geeal Office ad he aious countries of origin of tourists.146 54. The United Nations country team mentioned that the State party had made significant efforts to strengthen its capacity to prosecute such offences, especially online pornography.147 55. The Special Rapporteur on the sale of children noted that she had received reports of other forms of sale and exploitation of children, including labour exploitation in domestic work, farming and sport, and also in forced begging.148 The Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child were concerned at the rate of child labour, especially in domestic work, farming and in hazardous work.149 The Committee on the Rights of the Child was concerned that more than half of child workers did not attend school, and that many suffered violence.150 56. The Committee on the Rights of the Child was concerned about large number of children sentenced to prison and subjected to prolonged pretrial detention, and the inefficient functioning of the juvenile justice system.151

3. Persons with disabilities 57. Four Committees welcomed the adoption of the Organic Act on Equal Rights for Persons with Disabilities (Act No. 5-13) of 8 January 2013.152 The Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic review its legislation with a view to removing terminology and provisions contrary to the Convention on the Rights of Persons with Disabilities.153 It also recommended that the State amend the Civil Code to recognize the full legal capacity of all persons with disabilities.154 58. The Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic establish mechanisms for permanent consultation with organizations of persons with disabilities, and include them in the decision-making structures of the National Council on Disability.155 The Committee on the Rights of the Child urged the State to ensure coordination between the National Council on Disability and the National Council for Children and Adolescents.156 59. While welcoming the National Accessibility Plan,157 the Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic adopt standards and

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regulations on accessibility to the physical environment, transport, information and communication, in line with the Convention.158 60. The Committee on the Rights of Persons with Disabilities called upon the Dominican Republic to provide persons with disabilities in criminal proceedings with guarantees of due process and reasonable accommodation.159 61. The Human Rights Committee was concerned at reports of discrimination against persons with disabilities with regard to access to basic services, education and employment.160 62. The Committee on the Rights of Persons with Disabilities, concerned at the forced medical and psychiatric treatment of persons with disabilities, recommended that the Dominican Republic prohibit medical treatment without the free and informed consent of the person with disabilities concerned.161 It also recommended that the State prohibit the forced sterilization of women and girls with disabilities.162 The Human Rights Committee made a similar recommendation.163 63. The Committee on the Rights of Persons with Disabilities recommended that the Dominican Republic recognize Dominican Sign Language as an official language and implement a sign language training strategy for public sector personnel, and that it encourage the inclusion of education in sign language at educational institutions.164

4. Minorities and indigenous peoples165 64. The Committee on Economic, Social and Cultural Rights was concerned about persistent racial discrimination against persons of African descent. It recommended that the Dominican Republic take steps to combat discrimination against them, and urged it to develop a data-collection methodology that took into account the multi-ethnic composition of the population and incorporated an ethnic variable based on the criterion of self- identification.166 65. The Committee recommended that the Dominican Republic take all necessary steps to strengthen the protection of cultural rights and respect for cultural diversity by fostering an enabling environment for Afrodescendent communities.167

5. Migrants, refugees, asylum seekers and internally displaced persons168 66. The United Nations country team reported that the National Plan for the Regularization of Foreign Nationals launched at the end of 2013 had allowed approximately 260,000 persons, of a total of 288,000 applicants under the Plan, to have their migration status regularized. During the period there had been a marked increase in immigration from Venezuela, as well as an increase in deportations and cases of trafficking in human beings involving Venezuelan nationals.169 67. The Human Rights Committee was concerned at the vulnerability of Haitian migrants and the violence and assaults to which they were subjected. 170 It was also concerned at high number of persons of Haitian origin deported, and at reports of mass, arbitrary deportations and expulsions, including pushbacks at the border, which were carried out in the absence of procedural safeguards.171 It recommended that the Dominican Republic revise its laws and practices to ensure that deportations and expulsions were carried out in compliance with international standards.172 The Committee on the Rights of the Child also recommended that the Dominican Republic make further efforts to adopt coordination protocols with Haiti.173 68. The Human Rights Committee referred to reported deportations of unaccompanied minors and the vulnerability of a large number of unaccompanied Haitian migrant children.174 The Committee on the Rights of the Child observed that the majority of child migrants, most of them from Haiti, lacked residential permits and adequate access to services and were frequently victims of exploitation, discrimination and violence.175 69. The Committee on the Rights of the Child was concerned at the inefficient functioning of the National Refugee Commission. 176 The Human Rights Committee expressed its concern at the extremely low number of people granted asylum, the restrictive

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criteria for admission and the inadequate procedural safeguards for asylum seekers and refugee claimants, which placed them at risk of refoulement. 177 The Committee recommended that the Dominican Republic protect asylum seekers and refugee claimants, including Haitian and non-Haitian minors and migrants, in keeping with international standards, by revising its admissibility criteria and application and appeal procedures.178 70. The Committee on the Rights of the Child recommended that the Dominican Republic provide access to education, health, shelter and other services to child refugees and asylum seekers.179

6. Stateless persons180 71. The Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child regretted Constitutional Court ruling No. TC/0168/13 (2013), which had left thousands of Dominicans, mostly of Haitian descent, without Dominican nationality and in a statelessness situation, and that the State had not complied with the August 2014 judgment of the Inter-American Court of Human Rights in the case of Expelled Dominicans and Haitians v. Dominican Republic. Information referred to a large number of first-generation immigrants and their descendants, whose Dominican nationality had been denied as a result of ruling No. TC/0168/13.181 72. The Committee on Economic, Social and Cultural Rights found it regrettable that, pursuant to the ruling of the Constitutional Court, persons of Haitian descent born in the State party and who had lived there for decades had retroactively been deprived of their nationality.182 73. The United Nations country team reported that, in response to Constitutional Court decision 169-13, which had deprived an indeterminate number of people of Dominican nationality, the Dominican Republic had promulgated Act No. 169/14.183 While Act No. 169/14 mitigated the consequences of the decision, the Human Rights Committee was concerned at its limited scope and the unreasonable procedures and requirements it had created.184 The Committee was concerned about the situation of persons in group A, who had not received their nationality documents; persons in group B, who were still awaiting naturalization in order to recover their Dominican nationality and who had been unable to register during the special registration process; and persons born between 18 April 2007 and 26 January 2010.185 74. The United Nations country team reported that the Act had allowed for validation of the birth certificates of 55,000 persons born in the country whose births had been registered (group A) but that official statistics for the number of persons who had received their identity documents were still unavailable. The Act had also introduced a special registration procedure for persons born in the country who had never had a birth certificate (group B). However, of a total of 8,755 such persons, only 5,500 had had their naturalization requests approved and were in the process of applying for permanent residence: the application process had to be initiated in the capital city, and persons over the age of 18 years were ineligible. The United Nations country team added that the naturalization procedure had not been properly explained and publicized to this group. 186 75. According to the Committee on Economic, Social and Cultural Rights, despite the adoption of Act No. 169/14, a significant number of persons of Haitian descent were stateless.187 The Human Rights Committee was concerned at reports of lack of access to basic services among individuals without Dominican nationality documents, including children, and at the denial of their civil and political rights.188 76. The Human Rights Committee recommended that the Dominican Republic restore the Dominican nationality of all persons affected by ruling No. TC/0168/13, including by enforcing the judgment of the Inter-American Court of Human Rights of August 2014.189

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Notes 1 Tables containing information on the scope of international obligations and cooperation with international human rights mechanisms and bodies for Dominican Republic will be available at www.ohchr.org/EN/Countries/LACRegion/Pages/DOIndex.aspx. 2 For relevant recommendations, see A/HRC/26/15, paras. 98.198.21 and 98.3198.33. 3 E/C.12/DOM/CO/4, paras. 6869 and CRC/C/DOM/CO/3-5, para. 76. See also United Nations country team submission for the universal periodic review of the Dominican Republic, para. 11, and A/HRC/37/60/Add.1, para. 74 (a). 4 E/C.12/DOM/CO/4, paras. 6869 and CRC/C/DOM/CO/3-5, para. 76. See also United Nations country team submission, para. 11. 5 E/C.12/DOM/CO/4, paras. 6869 and CRC/C/DOM/CO/3-5, para. 76. 6 CRC/C/DOM/CO/3-5, para. 76. 7 E/C.12/DOM/CO/4, paras. 6869 and CRC/C/DOM/CO/3-5, para. 75 See also United Nations country team submission, para. 11, and A/HRC/37/60/Add.1, para. 74 (a). 8 CRC/C/DOM/CO/3-5, para. 28 (d), E/C.12/DOM/CO/4, para. 22 (d) and CCPR/C/DOM/CO/6, para. 26 (b). See also United Nations country team submission, para. 11, A/HRC/37/60/Add.1, para. 74 (a), and the letter dated 15 April 2016 from Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 2. Available from http://tbinternet.ohchr.org/Treaties/CCPR/SharedDocuments/DOM/INT_CCPR_FUL_DOM_23625_ S.pdf. 9 United Nations country team submission, para. 22. 10 A/HRC/37/60/Add.1, para. 80 (a). 11 CCPR/C/DOM/CO/6, para. 5, E/C.12/DOM/CO/4, para. 5 and CRC/C/DOM/CO/3-5, para. 78. 12 CCPR/C/DOM/CO/6, para. 6. See also E/C.12/DOM/CO/4, para. 6 and CRC/C/DOM/CO/3-5, para. 79. 13 Uied Nai c eam bmii, aa. 25. See al OHCHR, Hma Righ i he Field: Ameica, i OHCHR Report 2017, p. 242. 14 For relevant recommendations, see A/HRC/26/15, paras. 98.2298.29. 15 CRC/C/DOM/CO/3-5, paras. 5 (c) and 9 and E/C.12/DOM/CO/4, para. 4 (b). 16 CRPD/C/DOM/CO/1, para. 5. 17 Ibid., para. 61. 18 E/C.12/DOM/CO/4, para. 70. 19 CCPR/C/DOM/CO/6, para. 5. See also E/C.12/DOM/CO/4, para. 4 (d). 20 United Nations country team submission, para. 19. 21 CRC/C/DOM/CO/3-5, paras. 5 (b) and CCPR/C/DOM/CO/6, para. 7. 22 E/C.12/DOM/CO/4, para. 13. 23 CCPR/C/DOM/CO/6, para. 7. See also E/C.12/DOM/CO/4, para. 13. 24 CCPR/C/DOM/CO/6, para. 8. See also E/C.12/DOM/CO/4, para. 14 and CRC/C/DOM/CO/3-5, para. 14 (c), A/HRC/37/60/Add.1, para. 75 (c) and United Nations country team submission, para. 15. 25 E/C.12/DOM/CO/4, para. 14. See also CCPR/C/DOM/CO/6, para. 8 and OHCHR, Hma Righ i the Field: Ameica, i OHCHR Report 2017, p. 243. 26 United Nations country team submission, para. 15. 27 Ibid., aa. 21. See al OHCHR, Hma Righ i he Field: Ameica, i OHCHR Report 2017, p. 242. 28 CCPR/C/DOM/CO/6, para. 3 (b). 29 For relevant recommendations, see A/HRC/26/15, paras. 98.3798.39, 98.4298.43 and 98.109 98.111. 30 CCPR/C/DOM/CO/6, paras. 910. See also E/C.12/DOM/CO/4, para. 19. 31 E/C.12/DOM/CO/4, para. 20. 32 United Nations country team submission, para. 37. 33 CCPR/C/DOM/CO/6, para. 9 and E/C.12/DOM/CO/4, para. 21. See also CRC/C/DOM/CO/3-5, para. 17 (c). 34 E/C.12/DOM/CO/4, para. 22 (a). See also CCPR/C/DOM/CO/6, para. 10. 35 CCPR/C/DOM/CO/6, paras. 910. See also E/C.12/DOM/CO/4, para. 25 and CRC/C/DOM/CO/3-5, para. 17 (d). 36 United Nations country team submission, paras. 3843. See also E/C.12/DOM/CO/4, para. 26. 37 For relevant recommendations, see A/HRC/26/15, paras. 98.41 and 98.4498.53.

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38 CCPR/C/DOM/CO/6, para. 3 (c). See also para. 17, and OHCHR, Hma Righ i he Field: Ameica, i OHCHR Report 2017, p. 243. 39 United Nations country team submission, para. 10. 40 CCPR/C/DOM/CO/6, para. 17. See also CRC/C/DOM/CO/3-5, para. 71 (e). 41 United Nations country team submission, paras. 3032. 42 CCPR/C/DOM/CO/6, paras. 2122. See also E/C.12/DOM/CO/4, paras. 6263 and CRC/C/DOM/CO/3-5, paras. 71 (c) and (f) and 72 (d)(f). 43 E/C.12/DOM/CO/4, para. 63. 44 CRC/C/DOM/CO/3-5, para. 72 (g) and (h). 45 For the relevant recommendation, see A/HRC/26/15, para. 98.75. 46 CCPR/C/DOM/CO/6, paras. 2728. 47 Letter dated 26 April 2017 from the Committee on the Elimination of Discrimination against Women addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 2. Available from http://tbinternet.ohchr.org/Treaties/CEDAW/SharedDocuments/DOM/INT_CEDAW_FUL_DOM_27 289_E.pdf. See also CEDAW/C/DOM/CO/6-7/Add.1, para. 2. 48 Letter dated 26 April 2017 from the Committee on the Elimination of Discrimination against Women addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 3. 49 CCPR/C/DOM/CO/6, para. 29. 50 E/C.12/DOM/CO/4, para. 15. 51 CRC/C/DOM/CO/3-5, para. 12 (d), E/C.12/DOM/CO/4, para. 16 and CCPR/C/DOM/CO/6, para. 30. 52 CCPR/C/DOM/CO/6, para. 30 and E/C.12/DOM/CO/4, para. 16. 53 E/C.12/DOM/CO/4, para. 16. 54 For relevant recommendations, see A/HRC/26/15, paras. 98.7798.78. 55 CCPR/C/DOM/CO/6, para. 31. See also E/C.12/DOM/CO/4, paras. 910. 56 CRC/C/DOM/CO/3-5, para. 15. 57 See www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COU NTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3300824,102930,Dominican Republic,2016. 58 CCPR/C/DOM/CO/6, para. 32. See also E/C.12/DOM/CO/4, para. 10 and CRC/C/DOM/CO/3-5, para. 16. 59 E/C.12/DOM/CO/4, para. 10. 60 UNESCO submission for the universal periodic review of the Dominican Republic, para. 17. 61 For relevant recommendations, see A/HRC/26/15, paras. 98.36, 98.68 and 98.7198.74. 62 CCPR/C/DOM/CO/6, para. 19. See also CRC/C/DOM/CO/3-5, paras. 33 (a) and 69. 63 CRC/C/DOM/CO/3-5, para. 69 (a). 64 A/HRC/37/60/Add.1, para. 22. 65 Ibid., para. 78 (b). 66 CCPR/C/DOM/CO/6, paras. 19-20. See also CRC/C/DOM/CO/3-5, para. 66 (b). 67 See www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COU NTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3335486,102930,Dominican Republic,2017. 68 For relevant recommendations, see A/HRC/26/15, paras. 98.6998.70 and 98.79. 69 E/C.12/DOM/CO/4, para. 30. 70 CRPD/C/DOM/CO/1, para. 50. 71 CCPR/C/DOM/CO/6, para. 9. 72 E/C.12/DOM/CO/4, para. 31 (a). 73 See https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110 _COUNRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3298476,102930,Domini can Republic,2016. 74 See https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110 _COUNRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3297688,102930,Domini canRepublic,2016. 75 E/C.12/DOM/CO/4, para. 34. 76 Ibid., para. 35 (d). 77 Ibid., para. 39. See also CCPR/C/DOM/CO/6, paras. 3132. 78 E/C.12/DOM/CO/4, para. 40. See also CCPR/C/DOM/CO/6, para. 32.

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79 Letter dated 26 April 2017 from the Committee on the Elimination of Discrimination against Women addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 4. See also CEDAW/C/DOM/CO/6-7/Add.1, paras. 4761. 80 For the relevant recommendation, see A/HRC/26/15, para. 98.90. 81 E/C.12/DOM/CO/4, para. 42. 82 For relevant recommendations, see A/HRC/26/15, paras. 98.8098.87. 83 A/HRC/37/60/Add.1, para. 41. 84 E/C.12/DOM/CO/4, para. 48. See also CRPD/C/DOM/CO/1, para. 53 and CRC/C/DOM/CO/3-5, para. 48 (c). 85 E/C.12/DOM/CO/4, paras. 5152. 86 Ibid., para. 54. 87 Ibid., para. 51. See also CRC/C/DOM/CO/3-5, para. 50 (f). 88 For relevant recommendations, see A/HRC/26/15, paras. 98.9198.99. 89 E/C.12/DOM/CO/4, para. 55. See also CRC/C/DOM/CO/3-5, paras. 11 and 49. 90 CRC/C/DOM/CO/3-5, para. 12 (a). See also E/C.12/DOM/CO/4, para. 56. 91 E/C.12/DOM/CO/4, para. 56. See also CRPD/C/DOM/CO/1, para. 47 (a). 92 United Nations country team submission, para. 75. 93 Ibid., paras. 2728. 94 A/HRC/37/60/Add.1, para. 41. 95 E/C.12/DOM/CO/4, para. 55. See also CRC/C/DOM/CO/3-5, para. 49. 96 CCPR/C/DOM/CO/6, para. 15. See also E/C.12/DOM/CO/4, para. 59 and CRC/C/DOM/CO/3-5, para. 51 (c). 97 CCPR/C/DOM/CO/6, para. 16. See also CRC/C/DOM/CO/3-5, para. 52 (d). 98 CCPR/C/DOM/CO/6, paras. 1516, E/C.12/DOM/CO/4, para. 59 and CRC/C/DOM/CO/3-5, paras. 51 (a) and 52 (b) and (c). 99 CRC/C/DOM/CO/3-5, para. 33 (c). 100 Ibid., para. 51 (b). 101 United Nations country team submission, para. 73. 102 CRC/C/DOM/CO/3-5, para. 54 (a). 103 For relevant recommendations, see A/HRC/26/15, paras. 98.10098.106. 104 United Nations country team submission, paras. 5054. 105 See: https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110 _COUTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3335494,102930,Domini can Republic,2017. 106 A/HRC/37/60/Add.1, para. 41. 107 CRC/C/DOM/CO/3-5, para. 57. 108 E/C.12/DOM/CO/4, para. 64. See also CRC/C/DOM/CO/3-5, para. 11. 109 E/C.12/DOM/CO/4, para. 64 (a) and (c). See also CRC/C/DOM/CO/3-5, para. 57 (c). 110 CRC/C/DOM/CO/3-5, para. 57 (f). 111 E/C.12/DOM/CO/4, para. 65 (a) and (d). See also CRC/C/DOM/CO/3-5, paras. 58 (b) (d) and 66 (d). 112 UNESCO submission, p. 6. 113 CRC/C/DOM/CO/3-5, para. 57 (e) and (f). 114 Ibid., para. 31 (c). 115 UNESCO submission, para. 11. 116 Ibid., p. 6. 117 Ibid., para. 13. 118 United Nations country team submission, para. 55. 119 CRPD/C/DOM/CO/1, paras. 44 and 45 (a) and (b). See also CRC/C/DOM/CO/3-5, para. 48 (a). 120 For relevant recommendations, see A/HRC/26/15, paras. 98.3498.35, 98.5498.67 and 98.8898.89. 121 CRC/C/DOM/CO/3-5, para. 5 (d); see also para. 17. 122 CRPD/C/DOM/CO/1, paras. 1011. 123 CRC/C/DOM/CO/3-5, paras. 17 (b) and 18 (c). See also E/C.12/DOM/CO/4, para. 27. 124 CCPR/C/DOM/CO/6, paras. 1314. See also CRC/C/DOM/CO/3-5, paras. 31 (a) and 32 (c), CCPR/C/DOM/CO/5/Add.1, paras. 441, and the letter dated 15 April 2016 from the Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, pp. 12. 125 Letter dated 26 April 2017 from the Committee on the Elimination of Discrimination against Women addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 1. See also CEDAW/C/DOM/CO/6-7/Add.1, paras. 1 and 3 (a). 126 United Nations country team submission, para. 63.

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127 CCPR/C/DOM/CO/6, paras. 1112 and E/C.12/DOM/CO/4, paras. 27 and 28 (b). 128 United Nations country team submission, para. 58. 129 For relevant recommendations, see A/HRC/26/15, paras. 98.8798.88, 98.10198.103, 98.108 and 98.127. 130 CRC/C/DOM/CO/3-5, paras. 5 (a) and 9. 131 Ibid., para. 46. 132 A/HRC/37/60/Add.1, para. 75 (a). 133 CRC/C/DOM/CO/3-5, para. 42 (g) (c) (e) (b) (f). 134 E/C.12/DOM/CO/4, para. 46 and CCPR/C/DOM/CO/6, para. 33. See also CRC/C/DOM/CO/3-5, para. 25. 135 CCPR/C/DOM/CO/6, para. 34. See also CRC/C/DOM/CO/3-5, para. 26 (a). 136 E/C.12/DOM/CO/4, para. 47. See also CRC/C/DOM/CO/3-5, para. 26 (b) and (c). 137 A/HRC/37/60/Add.1, paras. 1417. See also CRC/C/DOM/CO/3-5, paras. 3738 and CCPR/C/DOM/CO/6, para. 33. 138 A/HRC/37/60/Add.1, para. 74 b). 139 CRC/C/DOM/CO/3-5, paras. 3738. See also CCPR/C/DOM/CO/6, paras. 3334. 140 A/HRC/37/60/Add.1, paras. 913. 141 CRC/C/DOM/CO/3-5, para. 31 (b). 142 Ibid., para. 32 (a). 143 Ibid., paras. 33 (a) and 35. See also E/C.12/DOM/CO/4, para. 44 and CCPR/C/DOM/CO/6, para. 19. 144 E/C.12/DOM/CO/4, para. 44. See also CRC/C/DOM/CO/3-5, paras. 35 and 36 (c), and E/C.12/DOM/CO/4, para. 45 (b). 145 A/HRC/37/60/Add.1, paras. 18 and 6367. 146 A/HRC/37/60/Add.1, para. 79 (g) and (i). See also CRC/C/DOM/CO/3-5, para. 34 (g)(h). 147 United Nations country team submission, para. 68. 148 A/HRC/37/60/Add.1, para. 25. 149 CCPR/C/DOM/CO/6, para. 19, E/C.12/DOM/CO/4, para. 44 and CRC/C/DOM/CO/3-5, para. 65 (a). 150 CRC/C/DOM/CO/3-5, para. 65 (d). See also CRPD/C/DOM/CO/1, paras. 32 and 33 (a), CRC/C/DOM/CO/3-5, para. 66 (a) and (b), E/C.12/DOM/CO/4, para. 45 (c) and (d), and CCPR/C/DOM/CO/6, para. 20. 151 CRC/C/DOM/CO/3-5, paras. 7172. 152 CCPR/C/DOM/CO/6, para. 3 (a), CRPD/C/DOM/CO/1, para. 3 (b), E/C.12/DOM/CO/4, para. 4 (a) and CRC/C/DOM/CO/3-5, paras. 3 (a) and 47. 153 CRPD/C/DOM/CO/1, para. 5. 154 Ibid., para. 21. 155 Ibid., para. 7. 156 CRC/C/DOM/CO/3-5, para. 48 (d). 157 CRPD/C/DOM/CO/1, para. 3 (c). 158 Ibid., para. 17; see also paras. 23, 25, 55 and 57 (b). 159 Ibid., para. 29. 160 CCPR/C/DOM/CO/6, para. 9. See also CRC/C/DOM/CO/3-5, paras. 17 and 48. 161 CRPD/C/DOM/CO/1, paras. 3031. 162 Ibid., para. 35. 163 CCPR/C/DOM/CO/6, para. 16. 164 CRPD/C/DOM/CO/1, para. 41. 165 For the relevant recommendation, see A/HRC/26/15, para. 98.40. 166 E/C.12/DOM/CO/4, paras. 2324. 167 Ibid., para. 67. 168 For relevant recommendations, see A/HRC/26/15, paras. 98.10798.108 and 98.12098.124. 169 United Nations country team submission, paras. 4446. 170 CCPR/C/DOM/CO/6, para. 9. 171 Ibid., para. 23. 172 Ibid., para. 24 (a). 173 CRC/C/DOM/CO/3-5, para. 64 (b). 174 CCPR/C/DOM/CO/6, para. 23. See also CRC/C/DOM/CO/3-5, para. 63. 175 CRC/C/DOM/CO/3-5, para. 63. 176 Ibid., para. 61. 177 CCPR/C/DOM/CO/6, para. 23. See also CRC/C/DOM/CO/3-5, para. 61. 178 CCPR/C/DOM/CO/6, para. 24 (b), (c) and (d). See also CRC/C/DOM/CO/3-5, para. 62 (b) and (c), CCPR/C/DOM/CO/5/Add.1, paras. 2 3 and the letter dated 15 April 2016 from the Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 1. 179 CRC/C/DOM/CO/3-5, para. 62 (d).

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180 For relevant recommendations, see A/HRC/26/15, paras. 98.11298.119 and 98.12598.133. 181 CCPR/C/DOM/CO/6, para. 25, E/C.12/DOM/CO/4, paras. 5 and 21, and CRC/C/DOM/CO/3-5, para. 27. See also CRPD/C/DOM/CO/1, para. 36 and the letter dated 15 April 2016 from the Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 2. 182 E/C.12/DOM/CO/4, para. 21. 183 United Nations country team submission, paras. 3335. 184 CCPR/C/DOM/CO/6, para. 25. See also CRC/C/DOM/CO/3-5, para. 27 and the letter dated 15 April 2016 from the Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 2. 185 CCPR/C/DOM/CO/6, para. 25. See also the letter dated 15 April 2016 from the Human Rights Committee addressed to the Permanent Mission of the Dominican Republic to the United Nations Office and other international organizations in Geneva, p. 2. 186 United Nations country team submission, paras. 3335. 187 E/C.12/DOM/CO/4, para. 21. 188 CCPR/C/DOM/CO/6, para. 25. See also CRPD/C/DOM/CO/1, paras. 36, 47 (c) and 49. 189 CCPR/C/DOM/CO/6, para. 26 (a). See also para. 34, and E/C.12/DOM/CO/4, para. 22 (b)(d), CRC/C/DOM/CO/3-5, para. 28 (a)(c), CCPR/C/DOM/CO/5/Add.1, paras. 4247, 5161 and 6871.

GE.18-19189 15 Tab 6

Violations of Economic, Social and Cultural Rights of Persons with Diverse Sexual Orientations and Gender Identities in the Dominican Republic

Submitted for consideration at the 59th Session of the Committee on Economic, Social and Cultural Rights Geneva, September-October 2016

Submitted by:

Colectiva Mujer y Salud

Diversidad Dominicana

Fundación Comunidad Esperanza y Justicia Internacional

Red de Voluntarios de Amigos Siempre Amigos

Center for International Human Rights of Northwestern Pritzker School of Law, Northwestern University

Heartland Alliance for Human Needs & Human Rights Global Initiatives for Human Rights

August 2016

Violations of Economic, Social and Cultural Rights of Persons with Diverse Sexual Orientations and Gender Identities in the Dominican Republic

I. Introduction

This shadow report is submitted to the Committee on Economic, Social, and Cultural Rights (Committee) in anticipation of the Committees upcoming review of the Dominican Republics compliance with the International Covenant on Economic, Social, and Cultural Rights (Covenant).1 The report is submitted by the following organizations: Diversidad Dominica,2 FUNCEJI,3 REVASA,4 Colectiva Mujer y Salud,5 the Center for International Human Rights of Northwestern Pritzker School of Law, and Global Initiatives for Human Rights of Heartland Alliance for Human Needs & Human Rights.

The purpose of this report is to direct the Committees attention to serious and ongoing violations of the Covenant rights of persons with diverse sexual orientations and gender identities in the Dominican Republic. The information provided in this report is relevant to Issue No. 9 in this Committees List of Issues for the Dominican Republic:

Please provide information on the impact of the measures taken by the State party to combat discrimination against persons with disabilities and persons living with HIV/AIDS, as well as discrimination on the grounds of gender identity and/or sexual orientation, particularly with respect to the exercise of economic, social and cultural rights.6

1 International Covenant on Economic, Social, and Cultural Rights, 16 Dec. 1966, 993 U.N.T.S. 3 [hereinafter Covenant]. 2 Diversidad Dominicana is a non-governmental organization, founded in October of 2012, legally established in April 5 of 2016, with its headquarters located in the Dominican Republic, with the main purpose of defending the human rights of LGBTQI individuals in the Dominican Republic. Diversidad Dominica works at the domestic and international levels to change public policies to make them more inclusive of LGTBQI individuals, conducts ongoing education on sexual diversity and sexual and reproductive human rights, and provides legal counseling and assistance in legal processes to victims of violence motivated by sexual orientation. 3 FUNCEJI is an NGO with headquarters in the Dominican Republic. Its purposes are to teach and promote human rights; to promote a generation of young Dominican leaders who have responsibility towards our world and a spirit of cooperation; and to ensure that the Dominican State complies with its role as guarantor of the fundamental rights of all individuals. 4 REVASA is a network of gay men that works to increase the visibility of the LGBT community, making political impact in several spheres of the Dominican State in order to secure the full exercise of citizenship of LGBT individuals in the Dominican Republic. 5 Colectia Mujer Salud (Women and Health Collective) is an NGO headquartered in the Dominican Republic, with the mission of promoting the integral health of women in every stage and condition of their lives, through the defense of their human rights, particularly their sexual and reproductive rights. 6 Committee on Economic, Social, and Cultural Rights, List of issues in relation to the fourth periodic report of the Dominican Republic, ¶ 9, U.N. Doc. E/C.12/DOM/Q/4 (24 Mar. 2016), available at https://documents-dds- ny.un.org/doc/UNDOC/GEN/G16/063/47/PDF/G1606347.pdf?OpenElement. 1

In particular, this report will focus on the Dominican Republics violation of its obligation to guarantee the enjoyment without discrimination on the basis of sexual orientation and gender identity of the following rights, in accordance with ¶ 32 of General Comment No. 20:

1. The right to health (article 12), including the right to sexual and reproductive health;

2. The right to work (articles 6 and 7); and

3. The right to education (article 13).

This report will conclude with suggested recommendations to be made in this Committees Concluding Observations.

II. Violations of the Right to Health

Article 12 (1) of the Covenant confirms the right of every individual to the enjoyment of the highest attainable standard of physical and mental health.7 States parties are obliged to guarantee the exercise of this right without discrimination of any kind,8 including discrimination on the basis of sexual orientation9 and gender identity. As this Committee has recently emphasized in its General Comment No. 22,10 the right to health includes the right to sexual and reproductive health. This includes not only access to quality and affordable healthcare, but also access to healthcare that is free from coercion and discrimination and instead is based on dignity and respect.11

The right to sexual and reproductive health also includes the right to protection from the State against violence and discrimination, particularly violence and discrimination targeting vulnerable groups like persons with diverse sexual orientations and gender identities.12 Persons with diverse sexual orientations and gender identities have the right to be fully respected for their sexual orientation, gender identity and intersex status.13 States parties therefore have an obligation to combat homophobia and transphobia.14

The Dominican Republic has failed to meet its obligations with respect to the right to health. Persons with diverse sexual orientations and gender identities face discrimination in obtaining equal access to health care services (see Section IIA). More broadly, they are denied respect for

7 Covenant, supra note 1, Art. 12(1). 8 Id., Art. 2(2). 9 Committee on Economic, Social and Cultural Rights, General Comment No. 14 (2000) on the Right to the Highest Attainable Standard of Health (Article 12 of the International Covenant on Economic, Social and Cultural Rights), ¶ 18, U.N. Document E/C.12/2000/4 (2000). 10 Committee on Economic, Social and Cultural Rights, General Comment No. 22 (2016) on the Right to Sexual and Reproductive Health (Article 12 of the International Covenant on Economic, Social and Cultural Rights), U.N. Doc. E/C.12/GC/22 (2 May 2016). 11 Id. at ¶ 5. 12 Id. at ¶ 59. 13 Id. at ¶ 23. 14 Id. 2 their sexual orientation and gender identity and are confronted with pervasive violence and discrimination (see Section IIB).

A. Discrimination in Access to Health Care Services and Discriminatory Treatment by Health Care Providers

The right of people in the Dominican Republic with diverse sexual orientations and gender identities to equal access to quality health care is violated in two ways: First, by the lack of adequate attention to their particular health needs and the failure to adequately train health care providers to address these needs; and second, by discriminatory practices of health practitioners in hospitals, medical centers, and clinics.

1. Inadequate attention to the health needs of persons with diverse sexual orientations and gender identities and failure to train health providers to address these needs

Healthcare providers violate the right to health of persons with diverse sexual orientations and gender identities by not attending to them in a manner that meets their particular health needs. Health care establishments do not provide the necessary services and health care providers lack the appropriate information and training to attend to their health requirements. For example, when lesbians seek medical care, doctors do not consider that a lesbians risk and manner of exposure to sexually transmitted diseases, HIV/AIDS, Human Papilloma Virus (HPV), and other diseases can differ from the situation of heterosexual women. This can lead to inappropriate treatment or a lack of treatment, which, in turn, can cause heightened complications, greater risks, and an overall lower standard of health for lesbians as compared to the general population.

People in the Dominican Republic with diverse sexual orientations and gender identities do not have sufficient access to the information they need to protect their health and prevent infections and sexually transmitted diseases (STDs). Lesbian, bisexual, and transgender women lack adequate information on the prevention, detection and treatment of breast and uterine cancer.15 There are no government campaigns or public services that provide adequate information for this population in order to prevent these diseases.

Similarly, lesbians do not have adequate access to reproductive health services, including techniques of medically assisted reproduction, provided by public and private health care providers. The State has failed to develop and implement any mechanisms or programs to ensure the availability of these services to lesbians, thus denying lesbians the right to motherhood.

A very profound form of violence and discrimination in the health care sector is the continuing practice of conversion therapy. Under the false premise that homosexuality is an illness or mental deviation that can be treated and cured, conversion therapy purports to cure people of

15 Coordinadora Lésbica, Heartland Alliance for Human Needs and Human Rights, International Human Rights Clinic, Human Rights Program, Harvard Law School, La Alianza GHT, Report presented to the United Nations Human Rights Committee on the Situation of the lesbian, gay, bisexuals and transgender people in the Dominican Republic (Informe alterno presentado al Comité de Derechos Humanos de las Naciones Unidas sobre la Situación de los Derechos Humanos de a ea eba, ga, beae agea e a Rebca Dcaa), ¶24 (March 2012) [hereinafter Report to Human Rights Committee]. 3 their homosexuality.16 Very often the victims of this practice are young people. This widely- discredited therapy has caused severe suffering to its victims, leading some to suicide.17 The Ministry of Health has failed to prohibit or regulate this practice in any way.18

The State has not developed a health policy or trainings for health providers to promote the inclusion of persons with diverse sexual orientations and gender identities and the improvement of health services for this vulnerable group. This failure violates Article 12, as the State is not fulfilling its positive obligation to ensure that the right to health of these individuals is effectively protected, promoted, and enforced.

2. Discriminatory practices of health care practitioners in hospitals, medical centers, and clinics

The right to health of persons in the Dominican Republic with diverse sexual orientations and gender identities is violated through prevalent discriminatory practices in health centers that hinder access to health services and therefore constitute a violation of Article 12. When individuals try to go in for a medical consultation or when they are received in an emergency room, they are frequently discriminated against, bullied, and subjected to verbal abuse by medical staff. In a 2012 survey conducted in the capital city of Santo Domingo, 16% of persons with diverse sexual orientations and gender identities reported having suffered discrimination by the health care system.19 Lesbians and transgender women are humiliated by OB-GYN doctors and are not able to receive the kind of services they require.20 Transgender individuals have been subjected to mockery and bullying by the attending physicians, and gay men tend to receive harsh treatment from medical workers, who often refuse to provide them services.21 Despite the existence of a law prohibiting discrimination against youths on the grounds of sexual orientation,22 young men arriving at health centers too often are rejected or denied service because of the stigma around the practice of same-sex sexual relations. Clearly, this law is not being respected and the right to health of these youth continues to be violated.

16 See, e.g., José Dunker, Dr. Dunker maintains a e ea efeece a addc a a a ce (D. De ee e a efeeca ea e a adcc e ee ca), Acento (June 18, 2014), available at http://acento.com.do/2014/opinion/8149799-dr-dunker-sostiene-que-la-preferencia-homosexual-es-una-adiccion- que-tiene-cura/. 17 Juan Enrique Tavárez, Ucef acce e c, cae ea f ea (Pacca e e a, eaa caa de a eadad), 7 das, (May 18, 2015), available at http://www.7dias.com.do/portada/2015/05/15/i188589_practican-sin-exito-pais-terapias-curativas- homosexualidad.html#.V7Z-HJMrLR0. 18 Diversidad Dominicana, Funceji, Revasa, Amigos Siempre Amigos, Gariflags, GayP, Report on the Situation of the rights of the LGBT people in the Dominican Republic (Informe Situación de los derechos de las personas LGBT en a Rebca Dcaa), p. 33 (October 23, 2015) [hereinafter Situation Report]. 19 Id. at p. 3. 20 Id. at p. 33. 21 Id. 22 National Congress of the Dominican Republic, General Youth Law No. 49 2000 (Ley General de Juventud No. 49 - 2000) (Article 27: Gender equality. All young Dominicans as presented in the Law shall not be discriminated against because of his or her sex and or sexual orientation. It is considered contrary to the present Law that any form of prejudice or discrimination be founded in a sexual condition or that takes into account the sexual life of these people, which is considered private to the person. The State shall make available the resources and mediums necessary to permit the exercise of this right.), available at http://prejal.lim.ilo.org/prejal/docs/bib/200803110002_4_2_0.pdf. 4

A 2014 survey of healthcare workers, administrators and support staff in three hospitals disclosed extremely disturbing attitudes towards men who have sex with men (MSM). Nearly a third of the respondents considered MSM sexual conduct to be immoral, and 29.8% indicated that they would prefer not to provide services to men who engage in same-sex sexual conduct.23

The following examples illustrate the discrimination against individuals with diverse sexual orientations and gender identities in the health care sector:

In January 2013, a transgender woman was denied appropriate medical care after being referred to the public hospital Moscoso Puello with symptoms of cholera. Despite the seriousness of her condition, she was not attended to by any of the medical staff for nine hours after her arrival at the hospital. She was ignored by the doctors and nurses on duty and eventually was sent home with a prescription medication without having been given a medical examination or any kind of medical tests.24

In 2010, a young gay man who had been shot was denied adequate medical care at the Cabral and Baez Hospital in Santiago. Because of a policy against blood donation by homosexuals, the victims gay companions were not allowed to donate blood to save his life.25

The demeaning and stigmatizing treatment people with diverse sexual orientations and gender identities so often experience in the health care sector results, too often, in a complete denial of access to health services. As a recent study concluded, Many LGBT Dominicans and transgender people in particular do not visit hospitals and health centers given prior experiences of ridicule and stigmatization by healthcare professionals and administrative staff.26

B. Failure to Protect Against Violence, Discrimination, Homophobia and Transphobia

Persons in the Dominican Republic with diverse sexual orientations and gender identities face the constant threat of violence, discrimination and harassment, as a result of the pervasive climate of homophobia and transphobia and the failure of the State to promote tolerance and to prohibit, prosecute and punish acts of violence and discrimination. In its 2012 Concluding Observations to the Dominican Republic, the Human Rights Committee expressed concern at reports of discrimination, bullying, homicide, ill-treatment, torture, sexual aggression and sexual harassment against persons because of their sexual orientation or gender identity.27 That Committee also

23 Human Rights First, Hope Will Prevail: Advancing the Human Rights of LGBT People in the Dominican Republic, p. 6 (Dec. 2015), available at http://www.humanrightsfirst.org/sites/default/files/HRFReportLGBTinDR.pdf [hereinafter Hope Will Prevail]. 24 Information provided by a client of Diversidad Dominicana in May, 2013. 25 Karla Pimentel, LGBT Collective reported that 60% of its members are rejected by their ee. (Cec LGBT deca 60% de eb ecaad eeade), Acento, (March 6, 2014). 26 Hope Will Prevail, supra note 23, at p. 1. 27 Human Rights Committee, Concluding Observations of the Human Rights Committee on the Dominican Republic, ¶ 16, U.N. Doc. CCPR/C/DOM/CO/5 (27 Mar. 2012) available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fDOM%2fCO%2 f5&Lang=en. 5 expressed its regret over the lack of information on the effective investigation and punishment of such acts.28

Unfortunately, these problems continue. A 2015 study of human rights violations in the Dominican Republic by the NGO Human Rights First found systematic violence and discrimination against LGBT Dominicans, and concluded that LGBT Dominicans face a range of human rights concerns including violence, discrimination, hate crimes, lack of access to justice, impunity for perpetrators, and societal homophobia and transphobia. 29

Transgender people, who have often been forced into sex work by the absence of other employment opportunities, are particularly vulnerable to violence. Since 2006, there have been at least 33 murders of transgender people.30 Law enforcement authorities have rarely prosecuted these crimes and, indeed, have themselves targeted transgender individuals. Only three of the 33 murders of transgender people have led to convictions of the perpetrators.31 A local NGO has documented 17 cases of police violence or discrimination against transgender women who work as sex workers just during the period from December 2013 to October 2014.32 These cases include instances of arbitrary arrest (sex work is not illegal in the Dominican Republic), police violence, and extortion. Transgender women detained by the police have been forced to remove their clothing and their wigs; in some cases, the police have cut off their hair as a form of humiliation.33 While transgender people are particularly vulnerable to violence, gay men, lesbians and bisexual individuals have also been the victims of hate crimes. Their own family members may react with violence when they learn of the persons sexual orientation.34 Lesbians have experienced harassment, violence, death threats and rape, including rape intended to correct their sexual orientation.35 Gay men have been attacked on the streets by people yelling homophobic slurs and throwing stones.36

The Dominican Republic has failed to meet its positive obligation to protect individuals with diverse sexual orientations and gender identities from violence and discrimination. It has failed to amend its Constitution and enact laws that specifically and comprehensively prohibit

28 Id. 29 Hope Will Prevail, supra note 23, at p. 1. 30 Id. at p. 5-6. 31 Id. at p. 8. 32 Observatorio de Derechos Humanos para Grupos Vulnerabilizados, Trans Siempre Amigas (TRANSSA) and Comunidad de Trabajadoras Sexuales Trans y Travestis Dominicana (COTRAVETD), Discrimination and violence towards transgender women in the Dominican Republic (Dcac Veca ca La Mee Ta e a Rebca Dcaa), p. 6, (27 Oct. 2014), available at http://www.observatoriodhgv.org/wp-content/uploads/2015/11/Informe-Trans.pdf [hereinafter Discrimination and Violence]. 33 Id. 34 Diversidad Dominicana, Coordinadora Lésbica, Revasa, Trans Siempre Amigas (TRANSSA), Gente Activa y Participativa (GAYP), Heartland Alliance for Human Needs and Humans Rights, Fucejil, HUB de El Caribe Latino (CARIFLAGS), Report of the Coalition LGBTTI (CLGBTTI) f e Dca Rebc (Ife de a Cac LGBTTI de a Rebca Dcaa),at ¶ 23 (2013), available at https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=440&file=SpanishTranslation [hereinafter Report of the Coalition]. 35 Id. at ¶¶ 31-32; Hope Will Prevail, supra note 23, at p. 6. 36 See, e.g., Report of the Coalition, supra note 34, at ¶ 30. 6 discrimination on the basis of sexual orientation and gender identity and that adequately address the problem of hate crimes.

* There is no law in the Dominican Republic that comprehensively prohibits discrimination on the basis of sexual orientation and gender identity.

* When the Constitution was amended in 2010, activists urged the Government to amend the equality provision of the Constitution, Article 39, to specifically include sexual orientation and gender identity among the grounds upon which discrimination is forbidden. Although Article 39 was amended to guarantee equality without regard to social and personal condition, which is an improvement, the Government refused to specifically include sexual orientation and gender identity.37

* The non-discrimination provision of the Labour Code does not include sexual orientation and gender identity among the grounds upon which discrimination is prohibited.38 Nor does this law include any general other category upon which discrimination is prohibited, which could be used to challenge employment discrimination on the basis of sexual orientation or gender identity.39

* Although an effort was made in 2015 to amend the Penal Code to criminalize discrimination on the basis of sexual preference or orientation, the new law would not have criminalized discrimination on the basis of gender identity. Moreover, this amendment to the Penal Code was struck down by the Constitutional Court in December 2015 on procedural grounds. Although this proposed amendment remains under discussion, even if it is properly enacted into law, it will not protect against discrimination on the basis of gender identity.

* There is no hate crimes law, under which the commission of a crime based on the victims sexual orientation or gender identity would be an aggravating factor.

In view of the extensive evidence of violence and discrimination against persons with diverse sexual orientations and gender identities, it is particularly important that the Dominican Republic adopt legislation against violence and discrimination on the basis of sexual orientation and gender identity. The adoption of such laws must be followed by vigorous enforcement and by an educational campaign teaching the principles of equality, equity, and respect for sexual differences.

37 National Revisory Assembly of the Dominican Republic, Dca Rebc C f 2010 (Cc de la República Dcaa de 2010) (Art. 39: Persons are born free and equal before the law, they receive the same protection and treatment from the institutions, authorities and other persons and enjoy the same rights, freedoms and opportunities, without any discrimination for reasons of gender, color, age, disability, nationality, family ties, language, religion, political or philosophical opinion, and social or personal condition.), available at https://www.constituteproject.org/constitution/Dominican_Republic_2010.pdf; see also, Report of the Coalition, supra note 34, at ¶ 3. 38 Situation Report, supra note 18, pp. 31 and 39. 39 Id. 7

III. Violations of the Right to Work

Under articles 6, 7 and 2(2) of the Covenant, the Dominican Republic has the obligation to protect persons with diverse sexual orientations and gender identities from employment discrimination.40 Unfortunately, the Dominican Republic has not complied with this obligation. Although the Labour Code of the Dominican Republic prohibits employment discrimination on various grounds, it does not cover discrimination on the basis of sexual orientation and gender identity.41 The State directly discriminates in employment by considering it a violation of the disciplinary code for persons serving in the national police force to engage in consensual adult same-sex sexual relations. Additionally, employment discrimination in the private sector is widespread.

The National Police Force discriminates in two ways against persons with diverse sexual orientations and gender identities. It maintains an official policy prohibiting them from becoming police officers, and it imposes criminal sanctions on police officers who engage in same-sex sexual conduct. Article 210 of Law 285-66 of the Code of Justice of the National Police states that: sodomy consists of sexual intercourse between persons of the same sex and will be punished when officers are involved with a penalty of six months to two years of prison.42 In 2014, National Police Chief Manuel Castro publicly declared that, consistent with Law 285-66, homosexuals were not accepted in the National Police Force.43 Persons with diverse sexual orientations and gender identities who do serve on the National Police Force cannot openly express their sexuality, and they live in fear of abuse, harassment, humiliation and removal from the force.44

Overall employment discrimination against persons with diverse sexual orientations and gender identities is widespread. In a 2012 survey of persons with diverse sexual orientations and gender identities in Santo Domingo, approximately 30% reported having experienced employment discrimination.45 Similarly, a survey on unemployment or underemployment of activists with diverse sexual orientations or gender identities, conducted in Santo Domingo, revealed that over 60% of them do not hold permanent jobs.46 Together with the individual examples of employment discrimination to be set forth below, such high rates of under or unemployment reflect a system of

40 Covenant, supra note 1, Arts. 2(2), 6 and 7; Committee on Economic, Social and Cultural Rights, General Comment No. 18 (2005) on the Right to Work (Article 6 of the International Covenant on Economic, Social and Cultural Rights), U.N. Doc. E/C.12/GC/18 (6 Feb. 2006). 41 National Congress of the Dominican Republic, Law No. 1692 of 1992-Lab Cde (Le N. 1692 de 1992 Cdg de Taba), (May 29, 1992) (Principle VII. Any discrimination, exclusion or preference based on sex, age, race, color, national extraction, social origin, political opinion, trade union activism or religious belief is prohibited, except as otherwise provided by law for protection of the employee. Any distinction, exclusion or preference based on the inherent requirements of a particular job are not included in this prohibition.), available at http://www.ilo.org/dyn/natlex/docs/WEBTEXT/29744/64852/S92DOM01.htm. 42 National Congress of the Dominican Republic, Law 285-66 f e Cde f Jce f e Naa Pce (Ley 285-66 del Código de Justicia de la Policía Nacional), Artculo 210 ; see also, Situation Report, supra note 18, at p. 35. 43 Discrimination and Violence, supra note 32, at p. 5; see also, Maria Teresa Moral, Castro Castilla says that the Pce d a ea (Ca Caa dce a Pca ee eae), El Caribe, (June 12, 2014), available at http://www.elcaribe.com.do/2014/06/12/jefe-dice-esa-institucion-permite-homosexuales. 44 Information supplied to Diversidad Dominicana by some members of the National Police Force. 45 Situation Report, supra note 18, at p. 39. 46 Survey conducted by the network of volunteers of Amigos Siempre Amigos (RevASA) in March 2013. 8 labor exclusion that directly marginalizes people with diverse sexual orientations and gender identities.

As stated by the Executive Director of the NGO Amigos Siempre Amigos, Leonardo Sanchez: We are trying to fight for equality with the heterosexual community. Because, you know, gay [people] could lose their jobs if they show themselves as an openly gay person. If you are an openly gay person, maybe you cannot get the job you are in capacity to find. It is because of the stigma and discrimination.47

Mr. Sanchez went on to explain that the encouraged custom in the Dominican Republic is for people to feel ashamed of and hide sexual preferences, especially in the workplace.48 He commented on the many unwritten norms that are imposed by custom, and as an example he stated that managerial positions in the national bank, by custom, are generally held by heterosexual married individuals with families.49

In July 2012, a twenty-year-old homosexual man informed the NGO Diversidad Dominicana that he was fired from a private sector job on the grounds that his sexual behavior and personality could affect the other employees in the workplace.50

Similarly, a young lesbian woman informed Diversidad Dominicana that she repeatedly experienced harassment and humiliation by some of her coworkers who knew about her sexual orientation. She explained that they regularly commented on how bad it was seen by society to be a lesbian, on the need only for a man to cure her lesbianism, and on the promiscuity associated with lesbians. She acknowledged that she had considered quitting her job for fear that these incidents of verbal, emotional, and mental harassment could one day escalate to something more violent or physical.51

In another instance, on March 15, 2011, a young lesbian was fired from the Department of Administration in the Clinic of La Altagracia in Santo Domingo because of her sexual orientation. According to this woman, she was let go two weeks after having reported discriminatory behavior by a coworker to her supervisor. An employee from human resources informed her she was being fired per the instructions from her supervisor. The human resources employee told her: You know people here are moralists, and not everyone accepts people with other preferences, and I will have to fire you. The woman who was being fired was so outraged that she asked: Because I am a lesbian you fired me? The human resources employee responded: Yes, but when you leave this office leave with your chin up, because I know it is an unjust discrimination.52

People with HIV/AIDS also regularly experience employment discrimination. Although testing or screening employees for HIV is prohibited by law, Human Rights Watch, AI, and the

47 Jared Greenhouse, What Gay Life is Like in the Dominican Republic, Huffington Post, (July 27, 2015), available http://www.huffingtonpost.com/entry/what-gay-life-is-like-in-the-dominican- republic_us_55b24da4e4b0224d8831e6cb. 48 Id.; see also, Report to Human Rights Committee, supra note 15, ¶ 13. 49 Id. 50 Information supplied to Diversidad Dominicana by social network users. 51 Id. 52 Report to Human Rights Committee, supra note 15, ¶14. 9

International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing.53 The report further states that employees were at times tested without their consent or knowledge. Furthermore, many of the employees that were found to have HIV/AIDS were not hired, were fired, or were denied adequate health care.54

A survey conducted in 2013 by the NGO REVASA revealed that transgender people currently experience the highest level of unemployment, due to their lack of access to permanent work. Most of the informal employment opportunities available to transgender people involve work as sex workers.55 Many transgender women, in particular, feel forced into sex work because of the absence of any other employment opportunities, due to the stigma associated with their gender identity.56 One of the respondents in the REVASA survey, a transgender man with a college degree, spoke of his frustration in being unable to find a permanent job in his chosen career due to the discrimination and stigma associated with his gender identity.57 The survey also describes the struggles of a young transgender college graduate with a degree in accounting who was unable to find permanent employment in either the public or private sectors, despite her best efforts and her college degree.58 Another recent study examined the experiences of 90 transgender sex workers in Santo Domingo and Santiago found that 42% of respondents had been verbally abused on the streets while they worked.59 As one example, one passerby said to an interviewee, Someone bring me a gun to kill this bird (an insult used to refer to homosexuals in the country).60 These stories reflect the larger problem of discrimination and lack of employment opportunities for people in the Dominican Republic with diverse sexual orientations and gender identities.

IV. Violations of the Right to Education

Persons with diverse sexual orientations and gender identities in the Dominican Republic also experience discrimination in education, in violation of their right to education under article 13 of the Covenant. The 2012 survey of persons with diverse sexual orientations and gender identities in Santo Domingo found that 45% of respondents have been rejected by schools or universities or have experienced other discrimination in education.61

One example of this discrimination involves a young gay man who wanted to study for a technical career at an educational institution in the city of Azua. In June 2016, the student was denied access

53 United States Department of State - Bureau of Democracy, Human Rights and Labor, Dominican Republic 2014 Human Rights Report, p. 38 (2014), available at http://www.state.gov/documents/organization/236896.pdf. 54 Id. 55 Survey conducted by the network of volunteers of Amigos Siempre Amigos (RevASA) in March 2013. 56 Hope Will Prevail, supra note 23, at p. 1. 57 Survey conducted by the network of volunteers of Amigos Siempre Amigos (RevASA) in March 2013. 58 Id. 59 Guillermo Peña, How do gay rights look in your country? Dominican Republic, CNN (June 26, 2015), available at http://www.cnn.com/2015/06/22/opinions/lgbt-rights-around-world/. 60 Id. 61 CONAVIHSIDA, Table GTH7: Violence, stigma and discrimination according to province of residence (Tabla GTH7: Violencia, estigma y discriminación según provincia de residencia), at p. 54, 2012, cited at Diversidad Dominicana, Funceji, Revasa, Amigos Siempre Amigos, Gariflags, GayP, Report on the Situation of the rights of the LGBT people in the Dominican Republic (Informe Situación de los derechos de las personas LGBT en la República Dcaa), at p. 3, (October 23, 2015). 10 to the schools facilities on the grounds that the director of the program did not want to have any gay students at the school. The director refused a request to meet with this young man and five other gay students to discuss this new school policy.62

Homophobia, transphobia and discrimination in the schools have serious consequences for students with diverse sexual orientations and gender identities. They damage the victims self- esteem, and they can lead to lower grades and a high rate of dropping out of school. Indeed, a recent study reported that only 34% of transgender women had completed middle school.63 The injury to self-esteem and the lack of a complete education both contribute to the high rate at which transgender women end up working as sex workers.

V. Suggested Recommendations for the Dominican Republic

We respectfully urge this Committee to make the following recommendations to the Dominican Republic:

The Committee recommends that the State party adopt comprehensive anti- discrimination legislation in line with article 2, paragraph 2, of the Covenant, taking into account the Committees general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights. It also recommends that the State party repeal or amend all legislation (or administrative resolutions) that result or could result in discrimination, persecution and punishment of people because of their sexual orientation or gender identity or expression. The Committee further recommends that the State party take all the necessary steps to combat and prevent discrimination and violence against persons of diverse sexual orientations and gender identities and expressions, and ensure their enjoyment of all the rights enshrined in the Covenant, including in particular the rights to health, education, work, and safety.

62 Information reported to REVASA by victim (June 18, 2016). 63 39 Claims of Human Rights Violations against the LGBT Community Registered by Observatory (Observatorio registro 39 denuncias de violacion de derechos humanos en la comunidad GLBT) 7 das, (November, 2014), available at http://www.7dias.com.do/portada/2014/11/27/i177403_observatorio-registro- denuncias-violacion-derechos-humanos-comunidad-glbt.html#.V7aXTZMrLR0. 11

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LGBULLETINLGBULLETIN #184#184 -- THETHE WEEKWEEK ININ LGBTILGBTI NEWSNEWS (5-11(5-11 FEBFEB 2021)2021)

Submitted by Daniele Paletta on Fri, 02/12/2021 - 10:34 NewsNews tags:tags: LGBulleTIn (/taxonomy/term/9765) LGBTI news (/taxonomy/term/9691)

The week in LGBTI news 5 - 11 February 2021

Written and edited by Daniele Paletta

This week we rejoice with our communities in AngolaAngola: the country’s new penal code has come into force more than two years after it was approved, doing away with the colonial-age rule that criminalised consensual same-sex relations. Meanwhile, in the UnitedUnited StatesStates, a presidential memorandum has directed agencies involved in diplomacy and foreign assistance to “lead by example” in advancing LGBTQI human rights worldwide.

Cross-regional solidarity is indeed fundamental for our movement. Rainbow activists from the PacificPacific regionregion will soon virtually gather together to discuss the most pressing issues affecting their communities, while many organisations from across Asia and the Pacific have joined forces to ask MyanmarMyanmar military “respect democracy and its peoples' choice”. The Inter-American Commission on Human Rights has publicly called on PanamaPanama to guarantee the human rights of trans and gender-diverse persons within the Covid-19 response..

Meanwhile, decisions that could have an important impact on our communities are on the horizon. The Court of Justice of the European Union has begun hearing the case of a baby who is left at risk of statelessness, as authorities in BulgariaBulgaria rejected her mothers a birth certiﬁcate.

Read this week's news from...

AfricaAfrica

Thanks #Angola (https://twitter.com/hashtag/Angola? src=hash&ref_src=twsrc%5Etfw) for taking a huge step in protecting and promoting the rights of the #LGBT (https://twitter.com/hashtag/LGBT? src=hash&ref_src=twsrc%5Etfw) community in your country. Africa and the world have a lot to learn from you. .@PanAfricaILGA (https://twitter.com/PanAfricaILGA? ref_src=twsrc%5Etfw) https://t.co/QZ3xZtlrqH (https://t.co/QZ3xZtlrqH)

— Richard Lusimbo (@richardlusimbo) February 9, 2021 (https://twitter.com/richardlusimbo/status/1359264025964609539? ref_src=twsrc%5Etfw)

Angola:Angola: lawlaw decriminalisingdecriminalising consensualconsensual same-sexsame-sex relationsrelations comescomes intointo forceforce The revised penal code has come into force in Angola, 90 days after it was signed into law. Under the new provisions, consensual same-sex relations are no longer considered a criminal offence, and discrimination on the grounds on sexual orientation is banned.

As ILGA World’s State-Sponsored Homophobia points out (https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf#page=90) Angola started the revision of its criminal law in 2004. In January 2019, Angola approved a new penal code that did away with the colonial-age provision that criminalised “indecent exposure” consisting in an “act against nature with an individual of the same sex”, and that could have led to a maximum of three years in prison.

New changes in the text of the Code were discussed by the Parliament, and the official version of the new Penal Code (https://ilgaworld- my.sharepoint.com/personal/lucas_ilga_org/_layouts/15/onedrive.aspx? id=%2Fpersonal%2Flucas%5Filga%5Forg%2FDocuments%2FPublic%20files%2FC%C3%B3digo%20Penal%20Angola%20%282020%29%2Epdf&parent=%2Fpersonal%2Flucas%5Filga%5Forg%2FDocuments%2FPublic%20files&originalPath=aHR0cHM6Ly9pbGdhd29ybGQtbXkuc2hhcmVwb2ludC5jb20vOmI6L2cvcGVyc29uYWwvbHVjYXNfaWxnYV9vcmcvRWJsVUJzaHZ1S2hEb29mUkVVc0tZcGNCM0FwVVlzLVUxTk1GLTA4WkFjX0ZkQT9ydGltZT1PMTV0eGFfTzJFZw) was finally published on 11 November 2020, coming into force after 90 days.

Human rights defenders from across the world celebrated the news (https://www.okayafrica.com/angola-enacts-law-decriminalising- homosexuality/): “Thanks Angola for taking a huge step in protecting and promoting the rights of the LGBT community in your country”, wrote Pan Africa ILGA’s programme manager Richard Lusimbo (https://twitter.com/richardlusimbo/status/1359264025964609539). “Africa and the world have a lot to learn from you.”

MoreMore newsnews fromfrom AfricaAfrica Two trans women in Cameroon (https://www.facebook.com/story.php? story_fbid=2972111266392382&id=2149612805308903) were reportedly accused of same-sex sexual conduct, arrested, and incarcerated in a male prison facility.

Eight out of every ten queer youth from across Africa (https://therustintimes.com/2021/01/29/african-queer-youth-initiative- releases-report-on-the-impact-of-the-covid-19-pandemic-on-lgbt-youths-in- africa/) reported experiencing ﬁnancial difﬁculties due to the Covid-19 pandemic, a new report has revealed.

NorthNorth AmericaAmerica andand thethe CaribbeanCaribbean

President Biden says he is issuing a presidential memorandum to U.S. agencies to support LGBT issues worldwide, including combating criminalization of homosexuality and protecting LGBT refugees and asylum seekers https://t.co/ZbKy9mW1iT (https://t.co/ZbKy9mW1iT) pic.twitter.com/UtgfjwGfTZ (https://t.co/UtgfjwGfTZ)

— CBS News (@CBSNews) February 4, 2021 (https://twitter.com/CBSNews/status/1357423327162363909? ref_src=twsrc%5Etfw) UnitedUnited States:States: PresidentPresident BidenBiden issuesissues memorandummemorandum onon advancingadvancing thethe rightsrights ofof LGBTQILGBTQI personspersons aroundaround thethe worldworld

U.S. President Joe Biden issued a presidential memorandum (https://www.reuters.com/article/us-usa-biden-lgbt-idUSKBN2A42KF) aimed at expanding protection of the rights of lesbian, gay, bisexual, transgender, queer and intersex people worldwide.

The document builds on the legacy of a similar 2011 document, and clearly directs all departments and agencies involved in diplomacy and foreign assistance to combat the criminalisation of same-sex relations, protect LGBTQI refugees and asylum seekers, and combat violence and discrimination.

“It shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world,” the memorandum (https://www.whitehouse.gov/brieﬁng-room/presidential- actions/2021/02/04/memorandum-on-advancing-the-human-rights-of-lesbian- gay-bisexual-transgender-queer-and-intersex-persons-around-the-world/) reads.

The announcement has been welcomed by institutions and human rights defenders worldwide. The Inter-American Commission on Human Rights (https://twitter.com/CIDH/status/1357786855874437120) celebrated the initiative and reafﬁrmed “its willingness to provide technical cooperation to States in the promotion and protection of the human rights of LGBTQI persons in the region”. According to Outright Action International (https://outrightinternational.org/content/us-president-biden-issues- memorandum-advancing-rights-lgbtqi-persons-around-world), the timing of the memorandum “indicates that LGBTQI equality is a foreign policy priority from the earliest days of his administration”.

“Brave LGBTQI+ communities have constantly been subjected to torture, discrimination, stigmatization and, above all, abuse of their human rights at all levels”, said Pan Africa ILGA (http://panafricailga.org/pais-statement-on- president-bidens-foreign-policy-memo-calling-for-global-protection-of-lgbtiq- rights/) Executive Director Nate Brown. “The memo is therefore a very historic moment that is going to be a step towards the advancement of LGBTIQ people globally, including in the African continent”.

MoreMore newsnews fromfrom NorthNorth AmericaAmerica andand thethe CaribbeanCaribbean

The judicial committee of the Privy Council reserved judgment after a two-day hearing into an appeal by the Bermuda (https://www.bermudareal.com/bermuda-privy-council-reserves-judgment-on- same-sex-marriage-appeal/) government against marriage equality in the territory.

In the United States (https://19thnews.org/2021/02/hud-bars-anti-lgbtq- discrimination-in-housing-rentals/), the Department of Housing and Urban Development announced it will start implementing the presidential executive order barring discrimination on the basis of sexual orientation and gender identity, becoming the ﬁrst federal agency to do so. At least 8 bills targeting trans people and our communities at large were heard in 7 states’ Houses across the United States (https://www.hrc.org/press- releases/8-bills-across-7-states-coordinated-anti-transgender-anti-lgbtq- legislative-push-ramps-up-in-state-houses-across-the-country) this week.

AsiaAsia Our Burmese LGBTIQ friends & fellow activists are for calling for #ASEAN (https://twitter.com/hashtag/ASEAN? src=hash&ref_src=twsrc%5Etfw) solidarity. We cannot fail them. Defending democracy is our common responsibility. We must not allow the military junta to sow fear again. #SaveMyanmar (https://twitter.com/hashtag/SaveMyanmar? src=hash&ref_src=twsrc%5Etfw) #CivilDisobedience (https://twitter.com/hashtag/CivilDisobedience? src=hash&ref_src=twsrc%5Etfw)#HearTheVoiceOfMyanmar (https://twitter.com/hashtag/HearTheVoiceOfMyanmar? src=hash&ref_src=twsrc%5Etfw) pic.twitter.com/mWUanh2pXY (https://t.co/mWUanh2pXY)

— Ryan Silverio #SOGIEEqualityNow (@queeringryan) February 5, 2021 (https://twitter.com/queeringryan/status/1357638942623899649? ref_src=twsrc%5Etfw)

LGBTILGBTI organisationsorganisations joinjoin forcesforces toto askask MyanmarMyanmar militarymilitary “respect“respect democracydemocracy andand itsits peoples'peoples' choice”choice”

At least 48 LGBTI human rights organisations from across Asia and the Paciﬁc have joined forces to condemn the coup in Myanmar and ask the military to “respect democracy and its peoples’ choice”. “While not without its ﬂaws,” the organisations point out (https://www.ilgaasia.org/news/jointstatementonmyanmar), “Myanmar has been on the journey towards a diverse, inclusive and participatory democracy since its democratic transition a decade ago. This progress has enabled a broad and meaningful involvement of civil society, including LGBTI organisations and activists in Myanmar. The military coup jeopardises and threatens to reverse all this progress.”

According to reports (https://www.pinknews.co.uk/2021/02/09/myanmar-lgbt- protests-military-coup/), our communities have taken to the streets together with hundreds of thousands (https://www.nytimes.com/2021/02/09/world/asia/myanmar-coup-protest- photos.html) of people across the country, calling for the military to relinquish power and return it to the elected government. Police, however, responded to peaceful protests with violence (https://www.hrw.org/news/2021/02/09/myanmar-lethal-force-used-against- protesters), and at least two persons were reported in critical conditions after the incidents.

MoreMore newsnews fromfrom AsiaAsia

Our communities in China (https://www.scmp.com/news/people- culture/gender-diversity/article/3120754/chinas-lgbt-communities-fear-new- internet) have expressed concern for their awareness-raising efforts, over a new rule that would force bloggers and social media users to apply for an ofﬁcial licence to publish current affairs content. A queer youth group in Nepal (https://nepalcfc.org/basic_sogiesc_nepali/) has published an online toolkit translating terminology around sexual orientation, gender identity and expression, and sex characteristics in Nepali.

The High Court in Allahabad, India (https://timesoﬁndia.indiatimes.com/india/allahabad-hc-orders-home-guard- sacked-for-being-gay-reinstated/articleshow/80777722.cms) order that a man was reinstated the job he had been ﬁred from, after a video of him showing affection to another man had gone viral on social media.

OceaniaOceania ILGA World about 2 months ago

HEAR THE RAINBOW ACTIVISTS VOICES FROM THE PACIFIC!

ILGA Oceania will host a virtual forum on 19 February to discuss what local communities identify as the most pressing issues within their countries - including on climate change, the Covid-19 response, and decriminalisation. Register now: https://ilgaoceania.squarespace.com/

22 2 8 Fiji:Fiji: PaciﬁcPaciﬁc rainbowrainbow activistsactivists joinjoin forcesforces inin aa virtualvirtual symposiumsymposium

LGBTI human rights defenders from the Paciﬁc region will soon host a virtual symposium to address the most pressing issues, policies or laws in their countries that contribute to human rights violations, and map ways forward.

Organised by ILGA Oceania and virtually hosted in Fiji on 19 February, the symposium will especially focus on the climate emergency, the Covid-19 response and the ongoing struggle towards decriminalisation of consensual same-sex relations.

“This interactive symposium will pick up on an intersectional lens of human rights breaches,” organisers pointed out (http://www.ilgaoceania.org/newsletters/editions/pdfs/n20210205a.pdf), “whilst encouraging collaboration and engagement with politicians, religious leaders and all other interested bodies through dialogue and the understanding of each other’s point of view to come to a safe space to discuss these important issues”. Register now to attend (https://ilgaoceania.squarespace.com/)

MoreMore newsnews fromfrom OceaniaOceania

A cross-party group of parliamentarians in New South Wales, Australia (https://www.starobserver.com.au/news/national-news/nsw-parliamentarians- vow-to-outlaw-conversion-therapy/200589) has committed to progressing reforms in New South Wales to ban ‘conversion therapy’. In Aotearoa New Zealand (https://www.newshub.co.nz/home/politics/2021/02/green-party-s-dr- elizabeth-kerekere-wants-to-amend-human-rights-act-to-include-gender- identity-expression-as-prohibited-grounds-of-discrimination.html), a parliamentarian has vowed to introduce a bill amending the Human Rights Act to include gender identity, gender expression, and sex characteristics as prohibited grounds of discrimination.

EuropeEurope andand CentralCentral AsiaAsia Authorities in #Bulgaria (https://twitter.com/hashtag/Bulgaria? src=hash&ref_src=twsrc%5Etfw) are not recognising the valid #EU (https://twitter.com/hashtag/EU? src=hash&ref_src=twsrc%5Etfw) birth cert of the child of a same sex couple. Tomorrow the European Court of Justice must clarify that if you are a parent in one EU country, you are a parent in every EU country #ParentsWithoutBorders (https://twitter.com/hashtag/ParentsWithoutBorders? src=hash&ref_src=twsrc%5Etfw) pic.twitter.com/MtxuOLeYv4 (https://t.co/MtxuOLeYv4)

— ILGA-Europe (@ILGAEurope) February 8, 2021 (https://twitter.com/ILGAEurope/status/1358869975499497476? ref_src=twsrc%5Etfw)

Bulgaria:Bulgaria: babybaby atat riskrisk ofof statelessnessstatelessness asas authoritiesauthorities refuserefuse herher mothers’mothers’ requestrequest forfor aa birthbirth certiﬁcatecertiﬁcate

LGBTI organisations are calling (https://ilga-europe.org/resources/news/latest- news/european-court-must-rule-favour-child-risk-statelessness-and-her- familys) on the Court of Justice of the European Union (CJEU) to rule in favour of a baby left at the risk of stateless, as authorities in Bulgaria refused to include both her mothers in her birth certiﬁcate. The Court has begun to hear the case (https://www.openlynews.com/i/? id=7a1607ca-4450-4d0b-b0f9-29445416923c) this week, and its decisions will have far-reaching implications (https://sustainability.freshﬁelds.com/post/102gqdv/cjeu-to-rule-on-seminal- case-for-lgbtq-rights) for rainbow families and their right to freedom of movement across the European Union.

Baby S. was born in Spain in 2019, and her mothers were born in Bulgaria and Gibraltar respectively. Under current Spanish law, however, Baby S. could not acquire Spanish citizenship because neither of her two mothers is a Spanish citizen. As the women required Bulgarian citizenship for Baby S., however, authorities refused to issue a birth certiﬁcate in which the parents are two persons of the same sex. As ILGA World’s State-Sponsored Homophobia points out (https://ilga.org/downloads/ILGA_World_State_Sponsored_Homophobia_report_global_legislation_overview_update_December_2020.pdf#page=328) same-sex partnerships are not legally recognised, nor is second-parent adoption.

The whole situation, ILGA-Europe points out, has left the baby at risk of statelessness. At the moment, she has no personal documents – which is going to restrict her access to education, healthcare, and social security - and cannot leave Spain, the country of the family’s habitual residence.

According to the case taken to the CJEU, Bulgarian authorities are violating the rights of a European citizen on the grounds of sexual orientation - namely to free movement, and to private and family life. The Court is expected to rule on the case in several months’ time. Read more about the case (https://en.deystvie.org/baby-sara-court-of-justice-eu)

MoreMore newsnews fromfrom EuropeEurope andand CentralCentral AsiaAsia

Two young men who had ﬂed their homes out of security concerns have been abducted and detained by police in Russia, and taken back to Chechnya (https://lgbtnet.org/en/news/2021/espch_vynes_reshenie_o_primenenii_srochnykh_mer_v_otnoshenii_zaderzhannykh_ismaila_isaeva_i_salekha_/) The European Court of Human Rights pointed out that they may be at risk of irreparable harm, and urged Russia to let the two men see their lawyers and have access to independent health professionals.

In the Netherlands (https://www.dutchnews.nl/news/2021/02/senate-backs- constitutional-ban-on-lgbt-and-disability-discrimination/), the Senate voted in favour of adding disability and sexual orientation among the protected grounds from discrimination in article 1 of the country’s Constitution. After the upcoming elections, the bill must be approved again by a two-thirds majority of both houses before it becomes law.

The Ministry of Equality in Spain (https://elpais.com/sociedad/2021-02-03/a- cuantas-personas-beneﬁcia-que-cambia-preguntas-y-respuestas-sobre-la-ley- trans.html) published a draft (https://ep00.epimg.net/descargables/2021/02/06/e70393603c0a53e82e824f6a5d44c8cb.pdf) of a new legal gender recognition law, which is due to start being debated later this month.

Human rights defenders from across Europe and beyond have called on the European Commission for infringement against Poland (https://gcn.ie/lgbtq- activists-hold-online-protest-eu-commissioners-infringe-poland/) for violating the fundamental rights of EU citizens with so-called ‘LGBT-free zones’ and its ‘Family Charters’.

LatinLatin AmericaAmerica andand thethe CaribbeanCaribbean

La @CIDH (https://twitter.com/CIDH?ref_src=twsrc%5Etfw) llama al Estado de #Panamá (https://twitter.com/hashtag/Panam%C3%A1? src=hash&ref_src=twsrc%5Etfw) a garantizar los derechos humanos de las personas trans y de género diverso en el contexto de las medidas de restricción parcial de la movilidad durante la pandemia del #COVID19 (https://twitter.com/hashtag/COVID19? src=hash&ref_src=twsrc%5Etfw). #LGBTI (https://twitter.com/hashtag/LGBTI? src=hash&ref_src=twsrc%5Etfw)

Comunicado de Prensa: https://t.co/BDqDNMARgy (https://t.co/BDqDNMARgy) pic.twitter.com/630H5pIdA1 (https://t.co/630H5pIdA1)

— CIDH - IACHR (@CIDH) February 4, 2021 (https://twitter.com/CIDH/status/1357468979913179139? ref_src=twsrc%5Etfw) Inter-AmericanInter-American CommissionCommission onon HumanHuman RightsRights callscalls onon PanamaPanama toto guaranteeguarantee thethe humanhuman rightsrights ofof transtrans andand gender-diversegender-diverse personspersons withinwithin thethe Covid-19Covid-19 responseresponse

At least 45 acts of violence and discrimination against trans and gender-diverse persons were reported in Panama over the last nine months, as the country implemented measures to partially restrict the mobility of persons based on their gender within its Covid-19 response.

Although these gender-segregated provisions were lifted this week, the Inter- American Commission on Human Rights has called on the state to consider the impact of the measures that were adopted, and to guarantee the rights of trans and gender-diverse persons while the ﬁght against Covid-19 continues.

Under the gender-segregated measures, trans people were denied entry to health centres, supermarkets, and other essential facilities, as the gender marker on their documents did not reﬂect their gender identity. One trans human rights defender was arrested under the same accusation.

As the state assesses the impacts of such measures, the Commission also urged Panama to “guarantee simple and expeditious legal mechanisms for the exercise of the right to gender identity and expression in a simple manner during the pandemic”, and to strongly condemn and investigate acts of violence and discrimination against trans and gender-diverse persons.

MoreMore newsnews fromfrom LatinLatin AmericaAmerica andand thethe CaribbeanCaribbean

In Argentina (https://www.eldia.com/nota/2021-2-8-2-48-24-polemico- casamiento-de-una-mujer-trans-en-una-iglesia-de-ushuaia-informacion- general), the diocese of Tierra del Fuego refused to record the marriage between a man and a trans woman, which had been regularly held in a Catholic church.

Despite the lack of ofﬁcial data collection on ha crime cases, a report has shown that at least 11 LGBT persons were reported murdered in the Dominican Republic (https://transsa.org/2020/12/30/informe-sobre-situacion-dehomicidio-de-lesbianas-gay-bisexuales-trans-e-intersex-en-la-republicadominicana-2019-2020/) between July 2019 and July 2020.

The Ombudsman’s ofﬁce in Bolivia (https://www.publico.es/internacional/transexual-indignacion-bolivia- asesinato-transexual-diecinueve-anos.html) has called on police to investigate the brutal murder of a 19-year-old trans woman and sex worker in the city of Cochabamba.

Photo of the week

In Germany (https://www.advocate.com/ﬁlm/2021/2/05/185-german-actors- come-out-once-demand-lgbtq-diversity), 185 actors and actresses have come out all at once on the cover of one of the country's main magazines. "I come from a world that didn't tell me anything about myself," they said, demanding for more LGBTIQ diversity in their industry and beyond.

Would you like to see your organisation featured in this space of the newsletter? Send us your photos at [email protected] (mailto:[email protected])!

We need your help!

If you have got news from your country on region, or have spotted studies and researches about our communities, let us know at [email protected] (mailto:[email protected])! Every week, we will review your tips and consider them for publication.

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AMNESTY INTERNATIONAL

Amnesty International is a movement of 10 million people which mobilizes the humanity in everyone and campaigns for change so we can all enjoy our human rights. Our vision is of a world where those in power keep their promises, respect international law and are held to account. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. Amnesty International is impartial. We take no position on issues of sovereignty, territorial disputes or international political or legal arrangements that might be adopted to implement the right to self- determination. This report is organized according to the countries we monitored during the year. In general, they are independent states that are accountable for the human rights situation on their territory.

First published in 2021 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is Peter Benenson House, licensed under a concerns through 2020. 1, Easton Street, CreativeCommons (attribution, The absence of an entry in this London WC1X 0DW non-commercial, no derivatives, report on a particular country or United Kingdom international 4.0) licence. territory does not imply that no https://creativecommons.org/ © Amnesty International 2021 human rights violations of licenses/by-nc-nd/4.0/legalcode concern to Amnesty International For more information please visit have taken place there during the permissions page on our the year. Nor is the length of a website: www.amnesty.org country entry any basis for a A catalogue record for this book comparison of the extent and is available from the British amnesty.org Library. concerns in a country. Original language: English

ii Amnesty International Report 2020/21 iv Amnesty International Report 2020/21 2. VIOLENCE AGAINST WOMEN AND GIRLS November) In September, the government and coalition parties put forward a cross-party agreement to introduce consent-based rape legislation. Parliament passed the proposed bill into law DOMINICAN on 17 December.2 REPUBLIC spaces after the COVID-19 lockdown. In Dominican Republic April, the Ministry of Social Affairs and the Head of state and government: Luis Rodolfo Abinader Interior responded by creating 55 emergency Corona (replaced Danilo Medina in August) shelter places. The authorities carried out an estimated LESBIAN, GAY, BISEXUAL, 85,000 detentions between 20 March and TRANSGENDER AND INTERSEX (LGBTI) 30 June, for alleged non-compliance with PEOPLE the evening curfew. Abortion remained Despite specific recommendations from the criminalized in all circumstances. The CESCR in 2019, the authorities failed to authorities failed to pass the comprehensive protect the rights of children with variations in anti-discrimination legislation demanded by sex characteristics. Infants and children civil society for years. continued to be at risk of non-emergency, invasive and irreversible genital surgery or ARBITRARY DETENTION hormone treatment. In March, the authorities declared a state of emergency and imposed a curfew to try to REFUGEES AND ASYLUM-SEEKERS contain the spread of COVID-19. According In January, the European Committee for the to data published daily on Twitter by the Prevention of Torture called on the National Police, law enforcement carried out government to take steps to improve the an estimated 85,000 detentions between 20 conditions at Ellebæk, a detention centre March and 30 June for alleged non- where migrants, asylum-seekers and rejected compliance with the evening curfew. The authorities did not respond to requests for immigration laws. At the end of the year, no information about the conditions in which substantial improvements had been made. people were held, including whether people were physically distanced in detention or had CORPORATE ACCOUNTABILITY access to a lawyer and other due process In January, the government committed to guarantees. respond to the CESCR 2019 Video evidence suggested that the police recommendation that Denmark adopt a legal used detention as a first rather than last framework requiring business entities to resort to enforce lockdowns and routinely exercise human rights due diligence in their rounded up groups of people in the back of operations. The CESCR also recommended police vans, without taking any COVID-19 that businesses be held liable for human preventive measures like physical distancing rights violations and that victims be enabled or mask wearing. Videos also showed the authorities government had yet to take steps to stopping or detaining people on their way to introduce the required legal framework. get food or other basic items, despite evidence from previous public health emergencies that coercive enforcement, 1. Denmark: Human rights must be ensured for all (EUR 18/3229/2020) including criminalization, can be

Amnesty International Report 2020/21 143 counterproductive and have a authorities by Amnesty International in 2019 disproportionate impact on marginalized that the police routinely raped, beat and groups. humiliated women engaged in sex work in The authorities often used tactics designed acts that may amount to torture or other ill- to humiliate people for allegedly breaking treatment. curfews, such as forced group exercise, and employed unnecessary force during SEXUAL AND REPRODUCTIVE RIGHTS detentions, a trend documented in previous The country failed to decriminalize abortion, years in reports on the arbitrary detention of including in instances where the pregnancy women sex workers and young people.1 poses a risk to the life of a pregnant woman or girl, in cases of foetal impairments or VIOLENCE AGAINST WOMEN AND GIRLS where the pregnancy is the result of rape or In the first weeks of the curfew there was a incest. significant drop in the number of reports of In February, the Inter-American gender-based violence, according to news Commission on Human Rights admitted for reports. This raised concerns that women review were suffering violence in silence in a country old girl who died in 2012 after being denied with one of the highest rates of gender-based life-saving treatment for leukaemia because killings of women in the world, according to she was pregnant. the UN Gender Equality Observatory for Latin America and the Caribbean. Between ARBITRARY DEPRIVATION OF January and December, 130 women were NATIONALITY killed, 66 of which were femicides, according Thousands of people born to foreign parents to preliminary statistics published by the who were registered as Dominicans at birth but later unrecognized as nationals, most recently through a 2013 ruling that left tens of thousands without nationality, remained Women facing discrimination on multiple and unable to obtain Dominican identity intersecting grounds, such as transgender documents, leaving them stateless and at risk women and low-income cisgender women, of expulsion. continued to experience discrimination in In his last week in office, former President accessing formal employment and many Danilo Medina ordered the naturalization of continued to sell sex as their primary method 750 Dominicans of Haitian descent who had of income. been stripped of their nationality, a symbolic Following the implementation of the gesture, but insufficient to resolve the evening curfew in March, many transgender sex worker women were unable to work, In August, civil society organizations called which left many of them struggling to pay on President Abinader to embrace dialogue rent and without access to key social with Dominicans of Haitian descent and the protections such as a range of health organizations that accompany them to put an services, according to the NGO Transsa. end to the conditions that drive statelessness Although the authorities put in place financial and the barriers that it poses for access to assistance programmes for workers, sex health care, education and other rights. At workers faced barriers when trying to access the end of the year the President had not them, according to Transsa, which, working with other NGOs, was able eventually to get assistance for some transgender women. DISCRIMINATION The authorities also failed to implement a Despite accepting the recommendations national protocol for the investigation of made by the UN Human Rights Council, the torture, despite evidence presented to the authorities failed to pass the comprehensive

144 Amnesty International Report 2020/21 Tab 10 TM

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6 Chile 1999 The Penal Code of 1874 (effective 1875) criminalised “sodomy”.30 Article 10 of Law No. 19,617 (1999) amended Article 365 of the Penal Code by decriminalising consensual same-sex sexual acts between consenting adults. However, that same provision sets the age limit at 18 for “same-sex carnal access”, and 14 for other sexual acts. Local organisations claim that Article 373, which criminalises “acts against decency and good mores” is used as a tool to criminalise LGBT people. In its second cycle of the UPR (2014), the Government of Chile committed to repealing this article in a forthcoming Penal Code revision.31

7 Colombia 1981 Decriminalisation of “homosexual carnal access” occurred through the repeal of Article 323(2) in the 1980 Penal Code (effective January 1981). This Penal Code also repealed Article 329 which penalised anyone that designated a facility (or authorised its use) for the commitment of “homosexual acts”. In 1999, the Constitutional Court Decision C-507/1999 repealed (or reinterpreted) certain provisions of Executive Order No. 85/1989 which established that “associating or maintaining well-known relations with homosexuals” or “committing acts of homosexualism” were outrages to Military Honour.

8 Costa Rica 1971 The 1941 Penal Code criminalised sodomy under Article 233. With the enactment of the 1971 Penal Code consensual same-sex acts in private were decriminalised. However, “scandalous sodomy” remained a misdemeanour under Article 378(15), until it was repealed by Article 2 of Law No. 8,250 in 2002. In 2013, the last provisions which provided for security measures in cases of “homosexualism” were repealed by Resolution N° 010404 issued by the Constitutional Chamber. In 2008, the Committee against Torture noted that local provisions in Costa Rica on “public morals” granted the police and judges discretionary power to discriminate on the basis of sexual orientation.32

9 Cuba 1979 The Social Defence Code, which deemed “homosexual practices” as a “social threat” and imposed preventive measures to combat it, was repealed in 1979 by the New Criminal Code of Cuba. This Code did not criminalise homosexuality per se, however, Article 359(1) criminalised those who made “public display of their homosexual condition” (repealed by Article 303(1) of Law No. 62 of 1987) or bothered or solicited others with “homosexual requests” (amended by Executive Order-Law No. 175 in 1997 to refer only to “sexual” requests).

10 Dominican 1822 The first Criminal Code in force in the Dominican Republic, imposed after Republic the Haitian invasion in 1822, did not criminalise consensual same-sex sexual acts between adults in private.33 The new 2007 Criminal Code does not innovate in this regard. However, Article 210 of the Police Justice Code (1966) still outlaws sodomy (defined as a “sexual act between persons of the same-sex”) among members of police forces.

30 Eva Sepúlveda Herrera and Sebastián Rebolledo Muñoz, Justicia Constitucional: el Delito de Sodomía como Norma Transgresora de La Constitución Política de la República – Análisis constitucional del artículo 365 del Código Penal (Santiago: Universidad de Chile, 2018). 31 Human Rights Council, Draft report of the Working Group on the Universal Periodic Review on Chile, A/HRC/WG.6/18/L.3, 30 January 2014. 32 Committee against Torture, Conclusions and recommendations of the Committee against Torture for Costa Rica, CAT/C/CRI/CO/2, 7 July 2008. 33 Wenceslao Vega B., Evolución histórica del derecho dominicano (Santo Domingo: Universidad APEC, 1987), 64-83.

STATE-SPONSORED HOMOPHOBIA (Update) - 2020 Tab 11 FREEDOM IN THE WORLD 2020 Dominican Republic 67 PARTLY FREE /100

Political Rights 26 /40

Civil Liberties 41 /60

LAST YEAR'S SCORE & STATUS 67 /100 Partly Free Global freedom statuses are calculated on a weighted scale. See the methodology. Overview

The Dominican Republic holds regular elections that are relatively free, though recent years have been characterized by controversies around establishing an electoral framework. Pervasive corruption undermines state institutions. Discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT+ people, remains a serious problem. Key Developments in 2019

The Constitutional Court in May struck down components of a new political party law that criminalized dissemination of negative messages, and it aﬃrmed social networks as important public spaces. The opinion was lauded by press freedom advocates and others as having overturned restrictions on the free exercise of journalism. In August, the Constitutional Court struck down multiple sections of the same law that limited some activities of political parties, including aspects of preelection campaigning and activity by candidates without certain prior experience. Protests erupted in June and July after President Danilo Medina of the Dominican Liberation Party (PLD) suggested he might seek constitutional reforms that would allow him to run for a third term. He ultimately abandoned the initiative. Irregularities and voting-machine errors marred the country’s ﬁrst-ever simultaneous primary elections for presidential, congressional, and municipal candidates, held in October. General elections are set for 2020. The National Human Rights Commission reported that security forces had committed at least 80 extrajudicial killings during the year. Political Rights A. Electoral Process

A1 0-4 pts

Was the current head of government or other chief national 3 / 4 authority elected through free and fair elections?

The president is both head of state and chief of government, and is elected to a four-year term. A 2015 constitutional amendment allowed presidents to run for a second term; Danilo Medina, of the Dominican Liberation Party (PLD), won a second term in 2016. In July 2019, Medina decided not to pursue constitutional reforms that would permit him to run for a third consecutive term.

In 2016, observers from the Organization of American States (OAS) monitored the presidential and concurrent legislative elections and deemed the polls credible, but called for major reforms to guarantee greater participation of women and equal access to party ﬁnancing and media coverage, questioned the eﬃcacy of new electronic voting and vote-counting infrastructure, and condemned election-related violence in which six people were killed. The Central Electoral Board (JCE) claimed the violence erupted due to frustration with delays created by demands for manual vote-counting.

The country held its ﬁrst simultaneous primary elections for the PLD and the Modern Revolutionary Party’s (PRM) presidential candidates in October 2019, and the JCE used the opportunity to test new a voting procedures ahead of the May 2020 general elections. The OAS and the Inter-American Union of Electoral Organizations observed the primaries along with local group Participación Ciudadana, and voting irregularities including voting-machine errors were reported. After former president, Leonel Fernández was apparently defeated in the PLD primary; he declared the vote fraudulent. Manual recounts aﬃrmed his defeat. Civil society activists said the dispute and other problems revealed uncertainties resulting from authorities’ failure to properly audit electronic-voting software.

A2 0-4 pts Were the current national legislative representatives elected / 4 through free and fair elections? 3

The Dominican Republic’s bicameral National Congress consists of the 32- member Senate and the 190-member Chamber of Deputies, with members of both chambers directly elected to four-year terms.

In the 2016 legislative elections, held concurrently with presidential election, the ruling PLD captured 26 Senate seats and 106 seats in the Chamber of Deputies. The next legislative and presidential elections will be held in May 2020.

Primaries for congressional and municipal candidates were held in October alongside the presidential primaries, and were aﬀected by the same issues.

A3 0-4 pts

Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management 3 / 4 bodies?

The 2016 general elections exposed serious problems with electoral infrastructure and the capacities of the JCE. The polls also exposed irregularities in party ﬁnancing.

In February 2019, the Electoral Regime Law was enacted. The new law restricts the use of state resources in campaigns of incumbent candidates, establishes funding caps on campaigns, and identiﬁes prison sentences for certain election-related crimes. This law and the Law of Political Parties, Groups, and Movements, which was enacted in August 2018 and allows the JCE to administer the primary elections of political parties, establishes the country’s new electoral framework . Both laws face legal challenges. In August 2019, the Constitutional Court struck down sections of the Law of Political Parties, Groups, and Movements, including those that interfere with parties’ abilities to organize their activities, and which limited preelection campaigning and the eligibility of candidates without prior experience. Additional challenges are pending.

Despite the JCE’s shortcomings, the body operates with some transparency and cooperates with international election monitors, opposition parties, and other relevant groups. B. Political Pluralism and Participation

B1 0-4 pts

Do the people have the right to organize in diﬀerent political parties or other competitive political groupings of their choice, and / 4 is the system free of undue obstacles to the rise and fall of these 3 competing parties or groupings?

Political parties are generally free to form and operate. However, newer and smaller parties struggle to access public ﬁnancing and secure equal media coverage, hampering their competitiveness. Provisions of the electoral law enacted in August 2018 that required a minimum time candidates must be associated with the parties for which they aspire to run were declared unconstitutional in August 2019.

B2 0-4 pts

Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4

Opposition parties and candidates generally do not face selective restrictions during election periods but are disadvantaged by elements of the electoral framework. Provisions of the August 2018 electoral law prohibiting parties running in an election for the ﬁrst time from joining preexisting alliances were declared unconstitutional in August 2019 and other challenges were still pending at year’s end.

The PLD has won legislative majorities in the last four elections.

B3 0-4 pts

Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that 3 / 4 employ extrapolitical means?

People are generally free to exercise their political choices. However, a history of violent police responses to social and political demonstrations may deter political participation by some, and economic oligarchies and organized crime groups have some influence over the political sphere. Electoral laws now require some accountability for campaign finances, including a ceiling on individual contributions and reports on party income, expenditure, and donors. However, donors’ identities remain largely shielded, potentially allowing undisclosed donors significant influence over politics.

B4 0-4 pts

Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights 1 / 4 and electoral opportunities?

A 2013 Constitutional Court decision stripped Dominican-born descendants of Haitian migrants of their citizenship, and thus their right to vote. Parity laws have led to a higher number of women in the legislature, with 27 percent of positions in the lower house of Parliament occupied by women after the 2016 polling, up from the previous 20 percent. Woman lawmakers report that it is diﬃcult for them to exert inﬂuence over their parties’ positions and to secure funding for political candidacies.

Discriminatory attitudes and occasional acts of targeted violence against LGBT+ people discourages their political participation. In 2019, an LGBT+ collective, which in July held its annual march in Santo Domingo, demanded more space in politics, asserting that 450,000 of its members were registered to vote in the 2020 elections. C. Functioning of Government

C1 0-4 pts Do the freely elected head of government and national legislative / 4 representatives determine the policies of the government? 3

Government and legislative representatives are generally able to determine national policies in a free and unhindered manner.

C2 0-4 pts

Are safeguards against oﬃcial corruption strong and eﬀective? 2 / 4

Corruption remains a serious, systemic problem at all levels of the government, judiciary, and security forces, and in the private sector. A US Justice Department investigation into the Brazilian construction company Odebrecht, the results of which became public in late 2016—revealed that $92 million had been paid to public officials in the Dominican Republic to obtain contracts for major infrastructure projects in the country during three consecutive governments. Numerous officials from both the previous and current administration were linked to the scandal, but only seven were formally charged. Trials for six of these defendants were ongoing, but the decision in December to separate the cases and transfer five of them to a new criminal court was criticized as an attempt to circumvent justice. The government has not responded to requests to establish an independent inquiry into the Odebrecht corruption allegations. Previously unknown bribes related to the Punta Catalina coal power station project were also uncovered in 2019, prolonging an existing scandal and prompting allegations of efforts by government officials to cover up wrongdoing.

The naming by the US Treasury Department in August of the Dominican national Cesar Emilio Peralta as a significant narcotics trafficker led to further allegations of government corruption with respect to drag trafficking.

A September 2019 Constitutional Court decision held that citizens could present complaints against government oﬃcials independently of the public prosecutor, and was hailed for empowering citizens to act against corruption.

C3 0-4 pts

Does the government operate with openness and transparency? 2 / 4

The government does not always operate with transparency. Although state agencies generally respond to information requests, they often provide inaccurate or incomplete responses. Public oﬃcials are required to publicly disclose assets, but nongovernmental organizations (NGOs) have cast doubt upon the accuracy of these disclosures. Public contracting and purchasing processes are opaque and allow for high levels of corruption. Civil Liberties D. Freedom of Expression and Belief

D1 0-4 pts

Are there free and independent media? 2 / 4 The law guarantees freedom of speech and of the press. Several national daily newspapers and a large number of local publications operate in the country. There are more than 300 privately owned radio stations and several private television networks alongside the state-owned Radio Televisión Dominicana (RTVD), though ownership of private outlets is highly concentrated.

Journalists risk intimidation and violence when investigating drug trafficking and corruption. Journalists can also face legal or regulatory pressure as a result of their investigations. Journalist Marino Zapete’s television program, broadcast on Teleradio América, was taken off the air following reporting in September 2019 on allegations of corruption by the sister of the country’s public prosecutor, and a defamation case against Zapete is ongoing. In May, journalist Teresa Casado of the news portal El Día received telephoned threats in connection with her reporting on a drug trafficking case.

The Constitutional Tribunal in May struck down components of the new political party law criminalizing dissemination of negative messages and aﬃrmed social networks as important public spaces, in an opinion lauded for overturning restrictions on the free exercise of journalism.

D2 0-4 pts

Are individuals free to practice and express their religious faith or 4 / 4 nonbelief in public and private?

Religious freedom is generally upheld. However, the Catholic Church receives special privileges from the state including funding for construction, and exemptions from custom duties.

D3 0-4 pts

Is there academic freedom, and is the educational system free from extensive political indoctrination? 4 / 4

Constitutional guarantees regarding academic freedom are generally observed.

D4 0-4 pts

Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

People are generally free to express personal views in public and privately without fear of retribution or surveillance. E. Associational and Organizational Rights

E1 0-4 pts

Is there freedom of assembly? 3 / 4

Freedom of assembly is guaranteed by the constitution, and demonstrations are common, but sometimes subject to violent dispersal by police.

In 2019, protests erupted in June in response to President Medina’s potential (and since abandoned) pursuit of a third consecutive term. In October, citizens protested former president Fernández’s defeat in the PLD primaries. Also in 2019, public school teachers marched over demands including better conditions, workers marched for better salaries, and civic organizations protested forced evictions without compensation and violence against women.

E2 0-4 pts

Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related 4 / 4 work?

Freedom of association is constitutionally guaranteed, and the government respects the right to form civic groups.

E3 0-4 pts

Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

In August, 2019, more than 20 workers of the hotel company Majestic in Punta Cana were dismissed for unionizing, and at least 20 people were detained that same month during a 24-hour strike in Cibao over local social and economic issues. A protest in April by workers at the Punta Catalina power plant following the consortium’s claimed inability to pay bond proﬁts was dispersed with tear gas.

In May 2018, the National Confederation of Trade Union Unit registered a complaint against the Dominican Republic before the International Labor Organization for a breach of international conventions on freedom of association and collective bargaining at several companies. In 2019, members of the business sector, trade unionists and the government met to discuss reform of the Labor Code, but failed to reach an agreement. F. Rule of Law

F1 0-4 pts

Is there an independent judiciary? 3 / 4

Judicial independence is hampered by corruption and the judiciary is susceptible to political pressure. Justices of the Supreme Court and Constitutional Court are appointed to seven- and nine-year terms, respectively, by the National Council of the Judiciary. The body is comprised of the president, the leaders of both chambers of Congress, the Supreme Court president, and a congressional representative from an opposition party, and this composition has led to claims that the body is susceptible to politicization.

Reports of selective prosecution and the improper dismissal of cases continue. The National Council of the Judiciary has taken some action to curb judicial abuses, and announced in 2018 that since 2012 it had dismissed 22 judges over questionable rulings in favor of defendants.

F2 0-4 pts

Does due process prevail in civil and criminal matters? 2 / 4

Corruption and politicization of the justice system have signiﬁcant impact on due process, and strongly limits access to justice for people without resources or political connections. Corruption within law enforcement agencies remains a serious challenge.

In late 2018, 60 percent of people being held in prisons were in pretrial detention.

F3 0-4 pts

Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

Rates of murder and other violent crime are high. The Citizen Security Observatory, a governmental body that records crime statistics, reported 1,068 homicides in 2018. There was a modest reduction in the homicide rate in the ﬁrst nine months of 2019. The National Human Rights Commission and NGOs reported that security forces had committed at least 80 extrajudicial killings in 2019.

Prisons are severely overcrowded.

F4 0-4 pts

Do laws, policies, and practices guarantee equal treatment of various segments of the population? 1 / 4

Dominicans of Haitian descent and Haitian migrants face persistent discrimination, including obstacles in securing legal documents such as identification, birth certificates, and marriage licenses, and have difficulty registering their children as Dominican citizens. In April, the Dominican government refused to recognize the Inter-American Court of Human Rights’ resolution stating the Dominican government failed to comply with reparations ordered over violations of the rights of Dominicans of Haitian descent and Haitian migrants.

LGBT+ people suﬀer from violence and discrimination as well as discrimination in employment, education, and health services. They are still barred from working in certain public sectors, such as the police and armed forces. An antidiscrimination bill remained stalled in 2019 despite renewed calls from civil society to bring it into eﬀect. G. Personal Autonomy and Individual Rights G1 0-4 pts

Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2 / 4

While citizens are generally free to move around the country, asylum seekers and refugees must pay a fee to gain travel documents. Separately, the prevalence of drive-by robberies by armed assailants has prompted some reluctance to move about freely, particularly at night.

People of Haitian descent without identiﬁcation cards cannot attend university or obtain formal jobs.

G2 0-4 pts

Are individuals able to exercise the right to own property and establish private businesses without undue interference from state 3 / 4 or nonstate actors?

Private business activity remains susceptible to undue inﬂuence by organized crime and corrupt oﬃcials.

G3 0-4 pts

Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic 2 / 4 violence, and control over appearance?

Violence and discrimination against women remain pervasive, including a high rate of femicide. Many girls are married before their 18th birthday. Poor medical care has left the country with one of the highest maternal mortality rates in the region. After a 2014 law decriminalizing abortion in some situations was struck down in 2015 by the Constitutional Court, a complete ban on abortion was eﬀectively reinstated. In 2018, a national survey revealed that a majority of the population supported decriminalization of abortion.

An Amnesty International report released in March 2019 found that “police in the Dominican Republic routinely rape, beat, humiliate and verbally abuse” cisgender and transgender women sex workers as a means of punishing them for “transgressing social norms of acceptable femininity and sexuality.”

G4 0-4 pts

Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

Many workers in the country are employed informally, leaving them without legal protections.

The Dominican Republic remains a source, transit, and destination country for the trafficking of men, women and children for sexual exploitation and forced labor. Haitians who lack documentation and clear legal status are particularly susceptible to forced labor. The 2019 Trafficking in Persons report issued by the US State Department noted that the government had been more active in addressing trafficking, including by prosecuting and convicting more people on trafficking charges. However, it noted that victims’ services remained insufficient. On Dominican Republic See all data, scores & information on this country or territory. See More

Country Facts

Global Freedom Score 67 /100 Partly Free

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@2021 FreedomHouse Tab 12 BTI 2020 Country Report Dominican Republic

This report is part of the Bertelsmann Stiftung’s Transformation Index (BTI) 2020. It covers the period from February 1, 2017 to January 31, 2019. The BTI assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries. More on the BTI at https://www.bti-project.org.

Please cite as follows: Bertelsmann Stiftung, BTI 2020 Country Report — Dominican Republic. Gütersloh: Bertelsmann Stiftung, 2020.

This work is licensed under a Creative Commons Attribution 4.0 International License.

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Sabine Steinkamp Phone +49 5241 81 81507 [email protected] BTI 2020 | Dominican Republic 3

Key Indicators

Population M 10.6 HDI 0.745 GDP p.c., PPP $ 17799

Pop. growth1 % p.a. 1.1 HDI rank of 189 89 Gini Index 45.7

Life expectancy years 73.7 UN Education Index 0.657 Poverty3 % 5.9

Urban population % 81.1 Gender inequality2 0.453 Aid per capita $ 11.2

Sources (as of December 2019): The World Bank, World Development Indicators 2019 | UNDP, Human Development Report 2019. Footnotes: (1) Average annual growth rate. (2) Gender Inequality Index (GII). (3) Percentage of population living on less than $3.20 a day at 2011 international prices.

Executive Summary

The period under review has been one of relative tranquility for President Danilo Medina and his administration, which has continued its efforts in key areas such as education, expansion of the Plan Solidaridad (Conditional Cash transfer program) and continued stable economic growth. The government finally completed the Punta Catalina thermoelectric plant, which is the largest public investment project in years. With few exceptions, this period has been one of consolidation rather than launching new policy priorities. Medina in his seventh year as president has not only enjoyed full control of his party, but also strong popular support. In the 2016 elections, Medina won by solid margins against the struggling new opposition party, the Modern Revolutionary Party (PRM). Through its poor performance, the opposition has indeed helped the Dominican Liberation Party (PLD) install itself as a party dominating the state. This has helped Medina in this period manage to maintain this strong majority supported by a stable coalition to the Dominican Revolutionary Party (PRD). Toward the end of 2018 and start of 2019, Medina has been struggling to avoid a lame duck position as the 2020 presidential elections have come closer, and serious rifts within his party over the presidential candidacy has negatively influenced his control over the PLD. In an attempt to maintain control Medina has remained aloof regarding his own ambitions for another re-election, demonstrating that the fight for political positions still trump long-term strategies in Dominican politics.

Economically, the government has been very successful, building on the relatively healthy macroeconomic growth experienced in previous periods, but the increasing foreign debt over the last few years gives cause for concern. The long-standing economic growth has also finally given some timid results in this period when it comes to poverty reduction. This success can in part be explained by the expansion of the Solidaridad program, but also by job creation, reduced unemployment and general economic growth. Given the negative regional context, the economic results under President Medina have been impressive, and explain to a large extent his continued popularity. Nevertheless, economic growth is still not inclusive. Socioeconomic inequalities remain one of the country’s major challenges, reinforced by poor health care and education BTI 2020 | Dominican Republic 4

services for the poor. Education reform still constitute the cornerstone of Medina’s transformative project, and the government has maintained its commitment to education. Medina has rightfully been praised for the efforts, but the increased resources have still only produced weak to moderate results. In sum, despite economic growth, the social stagnation of previous periods remains palpable.

Corruption still poses a serious problem in the country, and the Odebrecht scandal, in which the Dominican Republic was one of the top three recipients of corrupt money, demonstrated the levels of high-end corruption that still dominate politics. The government’s actions in addressing corruption have been meager and selective, but popular mobilization around the issue has forced the government to take action at times. On the international arena, the Medina administration has seen its biggest successes in the period. It won a seat in the U.N. Security Council and opened diplomatic relations with mainland China.

History and Characteristics of Transformation

The assassination of General Rafael Leonidas Trujillo in 1961 ended 30 years of dictatorship; the 1963 military coup against the democratically elected Juan Bosch was followed in 1965 by a brief period of civil war and military intervention by the United States. In 1966, while the country was still under military occupation, civilian rule was restored with the election of Joaquin Balaguer, but democratic development remained stagnant for decades as neo-patrimonial structures dominated both the state and the economy. The conservative caudillo Balaguer succeeded in maintaining power from 1966 to 1996 (save for a period from 1978 to 1986), in part by exploiting largely fraudulent election processes with close and questionable results. Personality-based internal conflicts as well as ideological and political differences led to frequent splintering of weakened opposition parties.

The United States has played a decisive role in encouraging the transformation process in the Dominican Republic, but it is worth recalling that a dramatic decline of international market prices for traditional Dominican exports substantially limited Balaguer’s political power. He lost the support of the middle class and the popular sectors who gave their votes to Antonio Guzman of the Dominican Revolutionary Party (PRD) in 1978. Balaguer’s departure initiated a short-lived surge of democratization. However, the transformation process stagnated once again after Balaguer returned to power in 1986. In 1994, formidable local pressure exerted by the PRD and civil society supported by U.S./Organization of American States (OAS) helped make extensive institutional reforms possible and facilitated the end of the Balaguer regime two years later. Since then, there has been significant progress in transformation, not only in establishing the country’s first credible regulation of political competition, but also in improving the human rights situation, favoring the development of a civil society and significantly reducing neo-patrimonial power over business. Modernizing the judiciary and state administration also helped to enhance electoral and government credibility among the population. Notwithstanding this progress, the lack of BTI 2020 | Dominican Republic 5

appropriate legislation and ability of the frequently politicized Junta Central Electoral to control government spending in the promotion of official candidates remain a concern.

The first important steps toward free trade were taken by President Salvador Jorge Blanco (PRD) from 1982 to 1986 by liberalizing the exchange regime. The implementation of free trade policies unleashed a cycle of protests that began with an uprising that lasted three days in April 1984. The cycle extended until the early 1990s, but it had limited gains. By the 1990s, the country relied much less on sugar exports for its foreign exchange compared to exports from free trade zones, tourism and remittances from overseas migrants. In the aftermath of the 2003 banking crisis, free trade zones have declined as many companies left the country for China and other destinations, but together with mining (in particular gold), free trade zones (FTZs) still constitute an important part of the export sector. In the early 1990s, President Balaguer implemented a limited number of free trade measures, and most of the economic transformation involving policies of privatization and free trade gained traction under President Leonel Fernández in the late 1990s. These important steps toward free trade through regional integration were continued under subsequent governments.

The dynamic character of democratic transformation in the Dominican Republic is attributed primarily to a willingness and ability to cooperate and compromise on the part of political elites, and on the application of pressure from both civil society and international bodies. The government itself cannot really be credited as exercising profound influence on successful transformation, even though both President Fernández of the PLD during both stints in government (1996–2000 and 2004–2012), and the government of President Hipólito Mejía, PRD (2000–2004), supported several democratic and state reforms.

Nevertheless, the neo-patrimonial system and the patronage-based operating mechanisms of parties not only limit the executive’s ability to act, but in turn force each new government to slow the pace of transformation. These obstacles are structurally ingrained and weaken the results of current policies to create progressive transformation in education, health and poverty reduction during the current Medina administration. BTI 2020 | Dominican Republic 6

The BTI combines text analysis and numerical assessments. The score for each question is provided below its respective title. The scale ranges from 1 (worst) to 10 (best).

Transformation Status

I. Political Transformation

Question 1 | Stateness Score

The state holds a monopoly on the use of force over the entire territory. The state’s Monopoly on the authority is not threatened or challenged by local clan monopolies or guerrilla use of force movements. However, problems connected to drug-trafficking and organized crime 8 are a growing concern, especially as criminal elements seem to be infiltrating both the police and military; this situation is worse along the border with Haiti and in rural areas. Even though the state seems to retain control of the situation, there are indications that the problems related to organized crime have become worse under this period of review.

The legitimacy of the nation-state is rarely questioned. However, there is a large and State identity slowly growing minority of Haitian immigrants and of Dominican-Haitians whose 7 political and socioeconomic participation is hampered by both formal and informal barriers. In 2010, their chances of obtaining citizenship were restricted by the constitution. Furthermore, the relevant authorities, such as the Central Electoral Board, regularly denied a renewal of birth certificates to Dominican-Haitians, which register them as Dominicans or present obstacles to regulating Haitians’ migratory status. A 2014 law of naturalization (169/14) aimed to alleviate the consequences of the 2010 constitution and the retroactive application of the citizenship rules in a sentence (168/13) by the constitutional tribunal, but has not been effectively implemented. Constant politicization of the issue of citizenship rights for Dominican- Haitians also prevents granting of citizenship rights to this group.

Roman Catholics make up between 57% and 64% of the population. Protestantism No interference of and Evangelicalism constitute between 12 and 18% of the population’s confessions. religious dogmas The separation of church and state is generally effective, and religious dogmas play 8 a minor role in political life. The Catholic Church is traditionally one of the most powerful and respected institutions in the country, and surveys still hold the Church as the most trusted Dominican institution, although support has been slowly waning. The local Catholic Church influences politics and lobbied effectively to introduce a total ban on abortion in the 2010 constitution, and it exercises influence in Congress

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as demonstrated by Congress’s continuous effort to uphold the total ban in the penal code by pressuring legislators to stop the revision of the code. In this regard, the Church receives the support of traditional Protestants and Evangelicals, but increasingly the Evangelicals are becoming a religious force on their own. President Medina vetoed the new penal code both in late 2014 and 2016 in order to legalize abortion in cases of rape, incest or a serious threat to a woman’s life. In 2017, the case was settled by the Senate’s refusal to accept the president’s partial veto. The penal code fell, and the conservative forces in Congress strongly pushed by the Catholic and Evangelical churches managed to thwart the reform. The Catholic Church protested heavily on all occasions and continues to exert power over elected officials on these matters.

Despite a weaker presence in both rural and border regions, the state is largely present Basic throughout the country thanks to administrative institutions, officeholders and the administration basic administration of justice. The principle of a civil service career path was 7 introduced by law in 1991 and reinforced by law in 2008 and 2012, but the laws are not always observed. The quality of state administration is still compromised by a high degree of political clientelism, insufficient human capital and corruption, which clearly hampers effective tax collection despite a series of laws over the last 10 to 12 years to broaden the tax base and improve tax collection. The current Medina administration initially tried to professionalize staff in various ministries, but the battle for re-election compromised these efforts and has reduced the effect of some positive improvements. Despite moderate improvements, in many state institutions recruitment or selection of government personnel still carries with it a precarious legitimacy, and patronage networks and corruption generally face little internal opposition. The quality of basic services such as water and sanitation is much poorer in rural areas and among poor barrios in the cities, but reach the large majority of the population. In the field of education, the Medina administration initially delivered on its promise to almost double the resources granted, but has concentrated spending on building and repairing school classrooms rather than on teacher training, and even here the administration is short of meeting its own goals. Despite these shortcomings, it is worth noting that during Medina’s second term the Ministry of Education has begun to strengthen state sponsored pedagogical universities and established scholarships for excellent high school students interested in teaching.

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2 | Political Participation

The country has held elections for the last 50 years, but only since 1996 have national Free and fair and local elections generally been free and fair multiparty contests. The high costs of elections organizing an election and campaigning are a concern since they effectively block 7 minor parties from participating on a fair basis. In addition, extensive clientelism and vote-buying place constraints on fair competition. Polling has been relatively accessible all across the country, and with an important exception in 2016, polling procedures and vote counts have been relatively transparent. A huge concern remains regarding fair and equal access to the media, where, due to better access to economic resources, the incumbent party has dominated in a way that generates an unlevel playing field. A new law of political parties (Law 33/18) should regulate campaigning more strictly to reduce costs and the problem of constant campaigning, and secure fairer access to the media.

2016 saw the first concurrent congressional and presidential elections since 1994, and the elections was heavily criticized by the opposition. Although declared free and fair by national and international observers, the 2016 election marked a new low in a downward spiral when it comes to electoral integrity and quality. The 2016 mega- elections demonstrated the deteriorating ability of the Junta Central Electoral (JCE) to organize free and fair elections, and posterior audits discovered corruption in the procurement of computer equipment to be used in the elections. Only President Medina’s (PLD) clear victory over Abinader (PRM) prevented the controversial elections from becoming a democratic crisis, but the poor organization of the elections gave the opposition reason to question their legitimacy.

The institutional backdrop for the poorly organized 2016 elections is the 2010 constitution that split the JCE into two separate bodies: one for organizing elections, elected by the Senate, and one electoral court (Tribunal Supremo Electoral, TSE) elected by a multiparty council. While this reform should be regarded as positive, it also opened the way for further political influence over the electoral authorities. Even though JCE was restructured in 2016 with experienced bureaucrats, this is an institutional weakness that can be easily exploited. Therefore, political autonomy of the JCE continues to be a matter of concern for the 2020 elections.

Democratically elected political representatives, essentially the president and the Effective power to National Congress, have the power to govern, and there are no individual groups govern outside holding de facto veto power over politics in the state. The military has not 8 been a threat to democratic politics since the early 1980s. Big landowners and business elites, particularly in key industries such as natural resource extraction, tourism and sugar processing, are clearly influential as they are in many Latin American countries, and often receive preferential treatment by elected politicians and the state, but they hold no veto over democratic decisions. During the current period, Medina has played with the idea of another constitutional reform to allow for BTI 2020 | Dominican Republic 9

yet another re-election, the effect of which has been to reduce problems of becoming a lame duck president. It is uncertain at this moment whether Medina will retire in 2020 or try for re-election.

Although the Catholic Church has no veto power, it still exerts influential power on moral issues such as abortion, where the current administration holds a somewhat more liberal agenda that has been frustrated by the pressure put on politicians by the Catholic and Evangelical churches.

The constitution provides for freedom of association and assembly, and the Association / government generally enforces these rights. There are few severe restrictions, and assembly rights protests and demonstrations are generally not met with state repression, but incidents 9 of police and thug violence during demonstrations are a concern. Isolated incidents of deadly violence related to political activities also occur. During the 2016 election for instance six people were killed. Anti-government protests are generally tolerated. Civil society organizations and researchers working for the rights of Haitians and Dominican-Haitians do at times encounter interference in their affairs and harassment from state officials and politicians, and the same is the case for groups working for equal rights of gays and lesbians, where the state may interfere if pressured by the Catholic Church.

Freedom of opinion and the press are constitutionally guaranteed and generally Freedom of respected. Freedom of information legislation is in place (law 200/04) but is only expression selectively effective. Investigative journalism is still rare but gaining broader 7 attention and impact on political life. Formal restrictions on freedom of opinion in the 1962 law 6132, such as penalization of defamation and insults with prison sentences and cascade liability for the publication of insults, were declared unconstitutional by the Constitutional Tribunal in 2016. Media companies are mostly private and pluralistic, though ownership is highly concentrated. There are more than 40 broadcast television stations, some 300 radio stations, four national and a large number of local newspapers, and the vast majority of these are operated by private owners. The structure of the mass media provides for a relative plurality of opinions; however, self-censorship among journalists is not uncommon, and the government has many journalists on their payroll in order to receive positive press. The written press is also reluctant to interfere with the economic interests of its owners or economic elites.

With a few notable exceptions, critical and investigative journalists are rare and struggle to make a living. In the print media, independent investigative journalism is performed by the digital newspapers Acento.com.do, a handful of known journalists (such as Alicia Ortega and Nuria Piera) and some independent websites. But electronic media do not reach a large audience outside the urban middle classes. Access to the internet is not restricted but still somewhat underdeveloped outside of urban areas, roughly 60% of the population has internet access. During this period there have been cases of death threats against journalists from unknown sources, and BTI 2020 | Dominican Republic 10

in 2017, two radio journalists in the city of San Pedro de Macorís where killed when broadcasting live. There are isolated cases of threats against academics and journalists from state officials accused of corruption, and the issue of nationalism and anti-Haitianism are also topics that, due to the hate-rhetoric used, hinder liberty of opinion.

3 | Rule of Law

The independence and separation of powers is established by the constitution, but in Separation of fact, the executive branch has always maintained considerable predominance, in part powers because of patrimonial control over state resources and executive concentration of 6 authority, and partly because during the last 16 years, one party (PLD) has controlled government and both Chambers of Congress. The opposition represented by the PRM is weak, which explains why Congress is not likely to perform any systematic check on power and only oppose the president in isolated cases. Although traditional government patterns of presidential dominance still persist, significant improvements have been made since the end of the 1990s. But the continued dominance of the PLD over the presidency and Congress slowly erodes separation of powers and is a growing concern. The judicial sector did become more, although not totally, independent from political influence until the 2010 constitutional reform. The selection of judges to the Supreme Court, Constitutional Tribunal and Supreme Electoral Tribunal after the 2010 constitutional reform was influenced by political interests of the Fernández faction of the PLD as well as Vargas Maldonado (PRD). In fall 2018, there was a scheduled partial renewal of the Constitutional Court. The process was relatively transparent and according to experts and most aisles of politics, judges of high professional merit were elected. The high courts are then slowly being removed from the early politically tainted process that elected the courts following the 2010 reform.

Although the constitution provides for an independent judiciary, that institution has Independent been politicized for a long time and is rife with corruption. Traditions of the rule of judiciary law are not highly developed, whether in terms of the rule of law proper or of due 5 process. There is slow improvement, however, in particular due to improved education and the presence of more legal scholars, lawyers and judges with international education and experience. As with many developing countries in the region, the judiciary continues to suffer from weak institutional organization, professionalism, career stability and efficiency. Despite improvements, the judicial sector still experiences a lack of financial resources. Reforms, however, such as the judicial career law (327/98) and the Criminal Procedures Code of 2004, provided for greater efficiency and guaranteed additional protections to suspects; the Organic Law of the National Budget of 2006 and the Public Administration Law of 2008 have partly improved professionalization and the protection of judges, regularized budget BTI 2020 | Dominican Republic 11

allocations and increased budget autonomy for the judiciary (and other state dependencies).

On the one hand, the 2010 constitution, and supporting laws, provide for a higher degree of a differentiated organization, and create a judicial council to safeguard career stability, professionalism and merit-based recruitment. The Judicial Council and the Constitutional Tribunal have been working since early 2012. The increased differentiation has not been a problem, and there have been few internal conflicts between the new and old high courts. Under the new constitution, the courts have increased their autonomy. This applies in particular to the Constitutional Tribunal in its tasks to interpret and review existing laws, and at least in certain cases, pursue its own reasoning.

On the other hand, the new constitution also opened for increased partisan influence in the selection of Supreme Court, Supreme Electoral Tribunal, and the new Constitutional Tribunal judges, the consequences of which were tangible since 2012 when the first round of judges were elected. 2018 and 2019 have seen the election of new justices for the Constitutional Court and the evaluation of and selection of justices to the Supreme Court. The results are mixed. Although the election of new justices to the Constitutional Court was lauded, the evaluation of the Supreme Court justices has brought to the fore the problematic political influence of the justice system facilitated by the 2010 Constitution. Thus, the process raises further questions about the integrity of the Supreme Court, the National Council of Magistrates, and indeed the close ties between the government and the justice sector.

The first two years of the Medina administration saw a series of serious investigations Prosecution of of high-end corruption under previous administrations. These were politically office abuse motivated however, and the efforts to fight corruption ended with the reunification of 4 the Fernández and Medina factions of the PLD behind Medina’s presidential candidacy. There is reason to believe that the level of corruption indeed has decreased under the Medina administration, from what was perceived as record-high levels under President Fernández (2004-2012). However, Medina’s tenure since 2012 has also seen a host of corruption scandals. The Dominican Republic was one of the more prominent countries involved in the Odebrecht scandal, and several government institutions have been involved in serious corruption cases during this period of review. Although there are cases of political leaders being prosecuted during this period, it is more normal that politically connected leaders exposed for corruption are not prosecuted, or if prosecuted, the cases never reach a verdict. Often court cases are dismissed by judges in the lower courts in ways that raises questions about the independence of the judiciary. Revelations of corruption still receive very high and negative attention in the press, in turn influencing and holding officeholders to account to some degree.

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Civil rights and liberties are guaranteed, and on paper, have been strengthened under Civil rights the 2010 constitution. The de facto withdrawal of the Dominican Republic from the 6 Inter-American Court of Human Rights in the Fall of 2014, however, is still a serious threat to the legal protection of civil rights.

Citizens can claim their rights through institutional channels, but access is not equal for all groups, and civil rights are still violated in some cases and are not implemented in certain parts of the country. Unless individuals gather as a group and protest systematically, authorities do not pay attention to disempowered citizens. Discrimination against Haitians and Haitian-Dominicans is particularly serious and sometimes becomes institutionalized, if not legalized, when it is politically convenient for the incumbent government. This period of review has seen several cases of racially motivated violence against these groups especially in the city of Santiago, and these cases are not dealt with adequately by the authorities.

In spite of legislation and government action plans, women’s civil rights remain a serious problem. U.N. Economics Commission for Latin America and the Caribbean (CEPAL) statistics show that violence against women (feminicidios) is one of the highest in Latin America and is a continued problem that has only recently receiving its merited attention by politicians and the press. The Medina administration supports the legalization of therapeutic abortion (to be performed in cases of rape, incest and when the mother’s life is threatened by the unborn child), but is deadlocked on the issue formally by Congress and by strong resistance from the Catholic and Evangelical churches. This deadlock has prevented the passing of a new penal code and has been ongoing for several years. The civil rights of gays and lesbians are also a serious concern and these groups are often harassed by police and discriminated against in society at large. Most cases of violence against LGBTQ people are not addressed by the authorities.

Police violence continues to be a serious civil rights problem in the country and the national police is one of the least trusted state institutions in the country. Groups such as Dominican-Haitians and LGBT people are particularly vulnerable to police abuse. President Medina promised and delivered on comprehensive police reform with a new organic law (590/16), passed in July 2016, which establishes important principles for the police’s role in protecting citizens’ civil rights. Early evaluations of this reform are negative and the new principles for protection of civil and human rights are not being implemented by police authorities.

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4 | Stability of Democratic Institutions

Democratic institutions at the central and local level perform their functions in Performance of principle but are plagued by corruption. The new 2010 constitution offers in theory a democratic modern framework for the country’s political institutions. During the period of institutions review, Medina and his party have been in control of most state institutions, although 7 tension has been rising throughout 2018 and 2019 with uncertainty regarding who will succeed Medina as presidential candidate for 2020. In order to avoid becoming a lame duck, President Medina has been vague about his intensions to reform the constitution to allow for another re-election. This demonstrates that political elites still are willing to put personal ambition and access to resources above democratic

institutions. The unification of parliamentary and presidential elections together with Medina’s re-election have given this administration a longer-term perspective in its formulation of policies, and despite some lame duck tendencies toward the end of this period under review, Medina has been able to govern with strong parliamentary support.

Within the public administration, there have been some positive signs of reform that may improve the administration’s ability to implement policies, but the general impression is still that clientelism and patrimonialism affect government performance. Local political institutions do not function adequately. Local governance is affected by corruption and, in some municipalities, deep connection with criminal elements. Despite increasing funds for distribution at the municipal level, local political institutions and actors are clearly subordinated to the national level.

No major state, societal or political actors are committed to the overthrow of Commitment to democratic institutions or hold veto power, and all relevant actors generally accept democratic democratic institutions and the minimal rules of the game. The criticized 2016 institutions elections led the opposition to boycott President Medina’s swearing in ceremony, and 7 for the first time since the 1990s, led to the questioning of the president’s democratic legitimacy. Since then, however, the main opposition has accepted the legitimacy of the president and the political system. The PLD, in power since 2004, has been able to define and bend the rules and regulations in its favor and fill new, important institutions such as the Supreme Court, the Central Electoral Board and the

Constitutional Tribunal with its own candidates. The PLD’s long stint in power and establishment as the dominant party are decreasing the legitimacy of the political system in the eyes of the opposition, and more belligerent rhetoric from the opposition reflects this.

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5 | Political and Social Integration

The Dominican party system has for years been relatively stable (at least in a regional Party system context) and dominated by the major parties. There are, however, some signs of 6 fragmentation, and there has been a significant drop in the public’s trust in political parties as reported by the Latinobarómetro survey. Opposition parties have experienced various splits, diminishing their ability to play a constructive role. Despite longtime dominance by the three biggest parties, the Dominican Revolutionary Party (PRD), the Dominican Liberation Party (PLD) and the Social Christian Reformist Party (PRSC), since the mid-1990s, only the first two have been effective in winning voter favor. Since 2006, however, the PLD has secured itself the majority of votes, and the party has won four consecutive presidential elections. In effect, the PLD has established itself as a dominant party, and managed through coalitions, based on clientelistic agreements rather than policy. The PRD’s popularity was quickly displaced by its splinter party the PRM (founded in 2014), which has established itself as the main opposition party and alternative to the PLD. The PRM took with it the majority of the PRD membership, including the more progressive sectors. Those that remained within the party turned it into a conservative and pragmatic political force. The parties are anchored in society, primarily through patronage networks in a political system considered to be one of the most clientelistic in Latin America. The deteriorating party system offers few venues for interest representation. Ideological polarization is still very low, of the lowest in Latin America, and the bitter conflicts and high temperature within and between parties are anchored in patronage and fight for positions, not ideology. This also hinders renewal of leadership of the main political parties, which have been dominated by the same leaders for the last twenty years, which again negatively affects the parties’ ability to offer as venues for effective representation and the societal trust in parties. The three/four parties and much of the electorate are situated at the center-right of the ideological spectrum.

Within the Latin American context, the Dominican Republic’s civil society, labor and Interest groups business organizations are relatively well organized, but bares little structure in 7 comparison to countries in the European Union. There are no organized groups that aim to undermine democracy or civil society but organized xenophobic attempts to vilify the migrant and Dominican-Haitian minority as well as Haiti as a nation from time to time. These often manage to set the national agenda on the issue, and sometimes such outbursts of xenophobia result in violence. Catholic and Evangelical churches are well-organized and in various alliances seek, often successfully, to halt progressive developments and effective protection of rights for LGBTQ persons and women on the issue of abortion. The extent of participation in civil society groups is relatively low but has increased in the last period as a reaction to the Odebrecht scandal that hit the country hard. BTI 2020 | Dominican Republic 15

Through huge protests. the Marcha Verde movement against impunity and corruption has managed to bring attention to the issue of corruption to the highest level. Issues such as the environment (esp. mining), migrant and women rights also manage to mobilize groups in society, at least at an ad hoc level. Although such groups are not very effective in lobbying or having their interests influence the preparation of policies, they are at times successful in stopping unpopular policies and government decisions when these are met with popular protest after media exposés. Except for transportation organizations in the cities, labor organizations are weak, and cooperation between labor and business organizations is not very developed. In general, civil society groups have not been successful in accessing any of the established channels of mediation and have often lacked real autonomy from political parties or the state, but, from time to time, manage through coordinated actions to set and influence the political agenda. In terms of mediation between society and the political system, the unchallenged mediator for many years was the Catholic Church. The somewhat tense relations between the government and the Catholic Church (on the issue of abortion), should not lead us to believe that the role of the Church in Dominican political mediation is seriously declining, although it may be challenged or accompanied by leaders of the Evangelical churches.

According to Latinobarómetro 2018, support for democracy has continuously Approval of dropped to slightly below the LAC average: 63% in 2015, 54% in 2017 and 44% in democracy 2018. The percentage of those saying that democracy is the comparatively best 7 political system, at least better than all others, is still high, but shows the same trend: it dropped from 73% in 2016 to 62% in 2018 (again slightly below the Latin American average). After an initial increase in satisfaction with democracy under the Medina administration, this figure has now decreased substantially during this latest period (from 52% to 32%) and reflects the increasing dissatisfaction with the still relatively popular President Medina (still the most popular president of the region according to several surveys). After a long period of relative stability, the country thus follows the regional trend of a significant reduction of support for democracy. The country has the highest regional percentage stating that their democracy is one with great problems (55% of the population), and few believe that the country is being governed for the benefit of all the people (15%). Dissatisfaction has increased more in the Dominican Republic than in the region during this later period. Although Congress and political parties are considered to be indispensable to democracy by a large majority of citizens, trust in these institutions is low and slightly decreasing. However, low trust in government or state institutions is not necessarily negative, because it is an indicator of the citizens’ readiness to pressure government into fulfilling its obligations. From a regional perspective, data from Latinobarómetro shows that Dominicans’ confidence in civilian, democratic institutions is around average, while confidence in the police and the army is lower than the regional average. BTI 2020 | Dominican Republic 16

Survey data (Latinobarómetro) show that in 2018, 14% of the population said they Social capital could trust the majority of their fellow citizens; which is exactly the regional average 6 in Latin America. Trust as measured by Latinobarómetro has declined considerably over the last seven years, which probably is connected to increased feelings of insecurity due to issues of crime and increasing and more visible drug-trafficking. Although violent deaths in society have decreased steadily since 2011, the perception of crime, violence and insecurity is very high and affects solidarity and social life negatively. In fact, 32% of the population sees crime as the country’s most important problem, and it is by far considered the country’s most serious problem according to the population.

Although most attention has focused on organizing by voluntary associations in the cities, such as the Marcha Verde movement against corruption and impunity, groups in rural areas have also organized against several mining projects. While over many years there have been serious conflicts surrounding the damaging environmental impact of several mining projects, these have subsided somewhat in this period. Mobilization has turned more toward working conditions and several lawsuits have been brought against companies such as Barrick Gold, and been addressed in the courts rather than the streets. Further, there is a capacity in society to organize around environmental causes, such as the cleaning of beaches and protection of waters from plastic pollution, which demonstrates at least sporadically, a sense of solidarity and social responsibility for society.

II. Economic Transformation

Question 6 | Level of Socioeconomic Development Score

According to HDI 2017, the Dominican Republic is placed in the category of high Socioeconomic human development (the Dominican score was 0.736, up from 0.691 10 years ago). barriers The country was ranked 94 out of 189 countries. The country’s level of development, 5 however, does not permit adequate freedom of choice for all residents, social mobility is low, and there is a large gap in development between urban and rural areas. Despite continuous high economic growth over the last 10 to 15 years, one of the highest in the region, social exclusion due to poverty, education and gender discrimination is quantitatively and qualitatively severe and structurally ingrained. The World Bank has continuously reported on the weak links between growth and equality in the country and the extremely low levels of upwards mobility.

The Haitian and Dominican-Haitian ethnic minority living in the Dominican Republic are hit particularly hard by social exclusions. The border areas are the most impoverished areas of the country, and studies show that salaries are depressed in BTI 2020 | Dominican Republic 17

sectors with high employment of this ethnic minority. There has been a negligible reduction in the gender inequality index over the last few years (from 0.481 in 2013 to 0.451 in 2017), and the country is still the fourth worst country in the region when it comes to gender equality.

Poverty is pronounced and structurally ingrained. CEPAL’s 2017 Social Panorama report (data from 2016) holds that 30.0% of the population live in poverty, and 6.1% in extreme poverty (based solely on income, figures are self-reported by the state), which is a noticeable reduction. However, income inequality remains relatively unchanged over the last 10 years, with a Gini coefficient of 45.3 (2016; just a slight reduction of the last 10 years). Inequality constitutes a 21% loss of HDI, demonstrating that inequality is a large detrimental factor for socioeconomic development. The Gini Index is about mid-range in a Latin American context, which also means that inequality has fared better in the Dominican Republic than in the region during the last period. While growth is finally reducing poverty, geographical, gender and socio-economical inequalities are deep-rooted and structurally ingrained.

Economic indicators 2015 2016 2017 2018

GDP $ M 68802.1 72343.0 75931.7 81298.6

GDP growth % 7.0 6.6 4.6 7.0

Inflation (CPI) % 0.8 1.6 3.3 3.6

Unemployment % 7.6 7.3 5.8 5.8

Foreign direct investment % of GDP 3.2 3.5 4.7 3.4

Export growth % 2.0 6.6 4.7 6.7

Import growth % 11.4 4.6 -2.5 8.4

Current account balance $ M -1280.3 -814.7 -133.1 -1159.6

Public debt % of GDP 44.7 46.6 48.9 50.5

External debt $ M 26727.4 28291.4 31167.8 33905.1

Total debt service $ M 5234.7 3464.9 3030.5 3119.3

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Economic indicators 2015 2016 2017 2018

Net lending/borrowing % of GDP 0.3 -2.7 -2.8 -

Tax revenue % of GDP 13.2 13.5 13.7 -

Government consumption % of GDP 12.0 12.2 12.2 12.3

Public education spending % of GDP - - - -

Public health spending % of GDP 2.5 2.8 - -

R&D expenditure % of GDP - - - -

Military expenditure % of GDP 0.7 0.7 0.7 0.7

Sources (as of December 2019): The World Bank, World Development Indicators | International Monetary Fund (IMF), World Economic Outlook | Stockholm International Peace Research Institute (SIPRI), Military Expenditure Database.

7 | Organization of the Market and Competition

Competition in the market economy remains to some degree over-regulated, and in Market practice rules do not apply uniformly to all market participants; however, the organization government promotes market-based competition. Previous administrations passed a 6 series of laws that promote and regulate free-market competition, such as the General Law of the Defense of Competition in 2008, the Industrial Competitiveness and Innovation Law in 2007, and the law of small and medium business in 2008, providing the institutional framework for market competition. President Medina has followed up on and improved these policies, and continued strong growth lent credibility to these policies. However, corruption is still considered to be the greatest obstacle to market-based competition in the Global Competitiveness Report 2018, the country ranks 113 out of 140 countries concerning incidence of corruption, compounded by an even lower rank in judicial independence (125th).

In 2017 to 2018, the government launched major business environment reforms, primarily the simplification of business start-up registration and the insolvency law. Additionally, a number of efforts to remove sector-specific barriers to competition have enabled the country to lower market entry barriers. New OECD data on Product Market Regulations show that the country is aligned with the Latin American and Caribbean regional average. However, according to Doing Business 2019, the cost of starting a business is still medium to high, ranking 117 out of 190 economies in the Starting a Business Index, with seven procedures, 16.5 days and costs the equivalent of 14.1% of per capita GNI.

The informal sector of the economy is estimated to account for 55% of the urban labor force and about 50% of GDP. Currency convertibility is quite good and has remained stable and at a relatively low risk over the last 12 to 14 years. The country BTI 2020 | Dominican Republic 19

has therefore been able to attract important foreign investments, for instance in mining, and its economic stability has resulted in a considerable rise in foreign investments during the Medina administrations.

There are still price controls on some products (including electricity, gas for private households, gasoline, sugar and agricultural products), but the administration has substantially reduced the subsidies in electricity, and finally (in 2018) removed the subsidies of fuel for the transport sector. There is relatively low discrimination based on ownership, although international investments in critical sectors, such as in the electricity and mining sector, have at times come under both government and public criticism, but are not at risk.

The Dominican Republic has a solid competition policy framework. Anti-monopoly Competition policy provisions and equal opportunities for domestic and foreign investors are regulated 6 by the General Act for the Reform of Public Enterprises of June 24, 1997, and the General Law in Defense of Competition (Law 42/08). An independent competition authority (ProCompetencia) was institutionalized in 2011. In practice, however, monopolies and oligopolies encounter resistance only in some cases.

Foreign investors still face somewhat more difficulty than Dominican enterprises in some sectors, while receiving benefits and advantages in sectors that are a priority for the administration, such as mining. Foreign direct investment remains high and has been increasing (from 3.4% to 4.7% of GDP between 2013 and 2017). State subsidies are still important, even though they have been reduced over the last few years. These, however, are not of the type that distorts free competition in the market. Collusion is less of a problem than corruption when it comes to bidding for public contracts. Most evidence indicates that corruption went down after Medina took power in 2012, but in Medina’s second period the number of exposés has increased and demonstrated that corruption is still pervasive and linked to public contracting.

Important steps toward free trade were taken during the first presidential term of Liberalization of Leonel Fernández (1996–2000), and these policies have been strengthened since then. foreign trade Since 2002, free trade agreements have been put into effect with Costa Rica and El 7 Salvador, and also a commercial treaty with Panama. Free trade negotiations with Canada, ongoing since 2007, are still halted despite intense and increasing Canadian investment in the country. In December 2007, the Dominican Republic and the Caribbean Community and Common Market (Caricom) states signed a full Economic Partnership Agreement (EPA) with the European Union. The U.S.-Central American- Dominican Republic Free Trade Agreement (CAFTA-DR) was negotiated and signed in 2004 and has been in force since 2007. From 2015, almost all imports from the CAFTA area will be exempt from any import tariffs. President Medina is active in promoting international trade. An important change in policy occurred in 2018 when the country opened diplomatic relations with China (rather than Taiwan). Even BTI 2020 | Dominican Republic 20

though this has received criticism from the U.S., the move should be interpreted as a step to increase trade with and investments from China rather than a political shift.

Customs procedures have been streamlined, tariffs reduced in some areas and some import and export taxes have been eliminated before the period under review. Import tariffs vary (0-30%), but are 6.3% on average, based on the ad valorem price, and follow the Harmonized Tariff System. The simple average of the MFN applied tariff was 7.3% in 2017.

Some products have seen increased protection, especially agriculture, which is subject to subsidy measures and higher tariffs. Free trade zones (FTZ) still receive export subsidies, although these should have ended in 2015 according to terms in the Subsidies and Countervailing Measures (SCM) agreement. Exporters outside FTZs receive fiscal concessions and are supported by government programs to promote export. Despite large trade deficits with the United States due to conditions in CAFTA-DR, inefficiencies in the Dominican Republic and a tax regime benefiting imports rather than exports, the current administration is still favorable to trade liberalization. The Dominican Republic is a founding member of the WTO.

After the 2003 banking crisis and the 2004 standby agreement with the IMF, banking Banking system supervision was improved and a law on banking risks adopted, so that the 7 fundamentals of the Dominican banking system have been strengthened significantly and have remained relatively strong since then. Although clearly affected by the 2008 financial crisis, the banking sector and the country’s economy coped well and without major disruptions. The bankruptcy of the minor international bank Banco Peravia in late 2014 put the improved oversight capacity of the Dominican authorities into question, but did not affect the general banking system or the economy. It was an example, however, of how the Dominican Republic has been, and to an increasing degree is, affected by illegal business stemming from Venezuela.

The Dominican Republic accepts and adheres to the Basel accords, the principles of Basel I are implemented under law 183/02 and the supervision of the bank superintendent and are partially adhered to in practice. Data from the World Bank confirm that the reforms in the banking system have had the desired effect, as non- performing loans are at 2.1% in 2017. Although a considerable increase from 1.7% in 2016, it is down from 3.5% in 2012. The bank capital-to-assets ratio has remained stable since 2007 at around 9% to 10% and has improved slightly the last two years. Though less developed, the foundations for a capital market are in place. The investment climate has been good and improving since the country came out of the banking crisis around 2004, helped by both stable economic growth and political stability.

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8 | Monetary and fiscal stability

Price and currency stability are acknowledged goals of economic policy. The central Monetary stability bank is equipped with a professional and competent staff and is autonomous in 8 principle. Its policies are influenced by government decisions, although its autonomy seems to be respected by the current Medina administration. The weakness of the central bank is especially apparent during electoral periods, as evidenced strongly in 2012, and to a certain degree also in 2016. Thus, while inflation policies and goals remain stable (at 4.0%, plus/minus one point), political considerations may still trump macroeconomic goals when stakes are high (such as during elections). The central bank reported a 1.7% inflation in 2016, which is relatively impressive in an election year and a positive sign. In 2017, inflation (CPI) reached 3.3% and in 2018, the central bank reported a 1.17% year on year inflation.

The exchange rate has remained stable against major currencies since the banking crisis of 2003 to 2004, as the real effective exchange rate index indicates (95.5 in 2017), and the central bank implemented important measures to counteract a sudden fall in the Dominican peso to the dollar in 2014 to 2015.

Recent government policies have generally been successful in preserving Fiscal stability macroeconomic stability. Most macroeconomic indicators demonstrate stability since 7 2012, and reserves have increased steadily each year since. At the same time, the current account deficit has been reduced considerably since 2011, and exceptionally since 2015. With a focus beyond short-term policies, the previous and the current government have adopted and stuck to a series of rules to create institutional safeguards, in particular in the banking sector. With these measures in place, taken together with the current government’s willingness to preserve macroeconomic stability, demonstrated by the fiscal measures taken to recuperate from the high deficits in 2012, the risk of dramatic populist policy changes under the current government can still be assessed as relatively low. The fiscal deficit reached 2.4% of GDP in 2016 and 2017, and 2.2% in 2018. Electoral uncertainty regarding the 2020 presidential elections still advise caution as to the sustainability of these policies.

Despite stability and growth, there are reasons for concern, such as the level of public debt and the low quality of public spending and investments, and the use of new debt to sustain an inefficient and bloated state rather than for investments that reduce economic vulnerability. Government consumption has remained stable in the period (at 12.2% of GDP), but its inefficiency is a concern. Debt as a share of GDP has increased incrementally every year since 2007 and is at a record 36.7% of GDP in 2017. The central bank reported further increases in 2018 and operates with a debt figure as share of GDP as high as 55%. Thus, public debt may become problematic should interest rates rise or the economy slow down, but the total debt services have been kept under control. BTI 2020 | Dominican Republic 22

9 | Private Property

Property rights and the regulation of the acquisition of property are defined by law Property rights (108/05, in effect since 2007), and protected in the constitution (article 51). 6 Considerable problems with the implementation of laws persist due to corruption, inefficient administration of justice and political intervention. There are also significant variations in the implementation of laws regulating property rights within the country, in particular between rural and urban areas, but also along socioeconomic divides between rich and poor. Also, regulations on the use of property is treated unequal along the same dimensions and lacks effectiveness both in cities (regulations regarding construction) and in rural areas. Large enterprises, national as well as foreign in some cases, face fewer problems than local small businesses.

Private enterprise is the backbone of the economy; yet state and semi-state enterprises Private enterprise also exist, although the state’s role as producer has declined considerably since the 7 1990s. Private enterprise is protected under the constitution, and is regulated under the General Law for Commercial Entities and Individual Limited Liability Companies from 2008. In a Latin American context, it is relatively easy to start a business, which on average takes 16.5 days and seven procedures according to the World Bank Doing Business Report. The privatization of state enterprises, however, has only occasionally been transparent or proceeded consistently with market principles, but is not an issue during this period of review.

10 | Welfare Regime

Recent and current administrations have not prioritized the fight against inequality. Social safety nets Sustained growth, however, has started to provide positive results in the reduction of 5 poverty, both due to increased salaries and reduced unemployment, but also due to the expansion of cash transfer programs. Measures to avert social risks remain rudimentary and are frequently used as populist, short-term social policies. Such short-term gestures include subsidized prices (for food, transportation, water and electricity), subsidized loans (mainly for agriculture), subsidized housing (for a few) and subsidized jobs in the bureaucracy. Some of these social measures are economically regressive rather than progressive.

There has been an expansion in the Solidaridad conditional cash transfer program, which now also provides programs related to health, alimentation and education and officially reaches around 1.1 million people. In poor areas close to the border, the coverage is quite extensive. Although aimed as a general poverty relief program, it has been used for clientelistic purposes during elections.

The 2010 constitution grants the population the constitutional right to health, including the right to medical assistance, free access to hospital services and BTI 2020 | Dominican Republic 23

medicine. To this date, these new rights have not had any measurable effect on the population. Public health expenditures have grown slowly but steadily since 2005, but their share of GDP is still very low at 2.9% in 2014 (latest figure available). According to more recent CEPAL data, expenditure has increased slowly, and expenditure is now around the regional average. Although the Mejía administration (2000–2004) began the implementation of a social health care system, some of the administrative reforms were only implemented in 2015 with the creation of the Servicio Nacional de Salud. The coverage of the health care system has expanded steadily. Authorities report that 72% of the population are now covered by a social health care plan, which is an increase of 10 points from last period. Around 50% are covered by the subsidized system for the poor while the contributive/private system covers the remaining 50%. The middle and upper classes then rely on private health insurance and private doctors to meet their needs. While coverage for the poor has increased, the quality of state provided health services is poor and the family still remains an important safety net.

The Mejía administration also reformed the pension system in 2001, implemented in 2003, from a pay-as-you-go social insurance program to a mandatory individual accounts program based on the Chilean model, which aims to cover all private sector workers and employers, yet is voluntary for public sector workers. Many aspects of the reform are not yet implemented; for example, the self-employed, which constitute over 50% of the workforce, are still not included in the program. The pension program covers 66% of the economically active population, but there is a large gap between the number of people covered and contributors. The pension system, however, does not provide a social safety net for the unemployed, the self-employed, or workers in the informal sector, it is regressive, and the value of the pension compared to contributions is the lowest in Latin America (at 22.8% compared to a 63% regional average).

The population of the Dominican Republic is distinctly heterogeneous and in general, Equal opportunity equal opportunity is rare. There are great discrepancies in social development 4 between urban and rural areas. State institutions try to compensate for gross social differences, but these measures are not very effective in creating equal opportunity. Equal opportunity for women is protected in the constitution, but in practice equal opportunity for women, LGBTQ persons, Haitian migrants or Dominican-Haitians is not the norm.

In fact, the 2010 constitution bars children of Haitian immigrants from obtaining citizenship, which in turn excludes them from health services or education. To make matters worse, these new constitutional clauses were given retroactive effect. A naturalization law (169/14) secured residency status for various groups of migrants and Dominican-Haitians (who constitutionally should be entitled to regular citizenship), but its implementation has been slow and is being obstructed by the Central Electoral Board. Frequent politicization of the issue also makes BTI 2020 | Dominican Republic 24

implementation difficult even when there is willingness in the system. Thus, it has benefited fewer people than intended so far.

Women in most occupations outside the public sector receive considerably lower salaries than men, less women are included in the pension system, and women have almost twice the unemployment rate (41.3% of total labor force). The quality of public education system is very poor, undermining effective equality of opportunity for the poor. A reversed gender gap is however apparent in terms of tertiary education, with a female to male enrollment ratio of 1.6. There is an ingrained lack of equal opportunity for marginalized groups based on ethnicity and gender.

11 | Economic Performance

In regional comparison, the Dominican Republic has performed rather well in terms Output strength of stable and strong per capita growth since 2013 (3.4% in 2017, 5% average since 7 2013) and low inflation (1.17% in 2018, 3.3% in 2017). The fiscal deficit has been reduced as the result of fiscal reforms in 2012 and remained more or less stable since (2.4% of GDP in 2016 and 2017, and 2.2% in 2018). The situation, however, is still vulnerable due to very inefficient and poor tax collection (tax revenues at 13.5% of GDP in 2016, much lower than regional average), poor quality of public spending and investments, high level of informality in the economy and although debt is manageable and stable, interest payments have increased as share of GDP in the current period.

The Dominican economy is clearly vulnerable to external, in particular U.S., developments and to patronage and corrupt domestic politics. It has weathered the uncertainties of the unstable Trump administration well. Also, by opening the economy to China, it may become less dependent on the U.S. The Trump administration has threatened to penalize the Dominican Republic by pushing the country out of the CAFTA-DR for opening ties with China, but so far these have not materialized. Should this occur it may have devastating impact since the United States is the main trading partner, receiving 47% of all Dominican exports (followed by Canada and Haiti at 9 and 8%, respectively), and providing 42% of all imports (followed by China at 11%). The country is very exposed to any negative changes in the terms of trade with the United States.

Unemployment is still high from a regional perspective but CEPAL have reported yearly reductions since 2015 (now at 6.1% 2017). The balance of trade deficit has decreased to one-third of 2011 level, while FDI has increased steadily reaching a record 4.7% of GDP in 2017. Due to foreign investment, minerals, and gold in particular, have become a very important part of the export sector, followed by medical instruments. BTI 2020 | Dominican Republic 25

Considering the low capacity to generate income through taxes, the level of debt and increasing toll on budgets by loan and interest payments is still a growing concern. Public debt has increased slightly during the decade, reaching 38.0% of GDP in 2017 and 39.5% in 2018 (CEPAL data). It is controllable with current rates of growth, but puts the economy in a vulnerable position for external shocks (such as the current U.S. threat), or if political concerns outweigh the concern for economic performance.

12 | Sustainability

Environmentally compatible growth is paid lip service at the institutional level, while Environmental environmental concerns are clearly subordinated to economic growth both at the policy macro- and micro-level. Tax and energy policies do not take environmental goals into 4 account, and the government is not implementing any effective incentives for environmentally sound consumption or investment. Nevertheless, environmental concerns are receiving more attention in the media, in particular plastic pollution that threaten the Caribbean Sea and the important tourism sector, often reaching the agenda of both the administration and Congress.

The main agencies responsible for environmental protection are the Ministry of Environment and National Resources (which includes a sub-secretary of protected areas and biodiversity, among others) and the Ministry of Agriculture. The 2010 constitution includes a number of collective rights and civil duties regarding the protection of the environment. Although not always able or willing, the state is now constitutionally obliged to take environmental concerns into account when considering developmental projects and promote the development of clean energy. While the current government has yet to comply entirely with the constitution, the constitutional protection of the environment has supported groups in mobilizing for the environment. The Dominican Republic ranks 46 out of 180 countries in the 2018 Environmental Performance Index. Environmental problems in the Dominican Republic include deforestation (although this has been limited by national laws), water supply and quality, soil erosion and coral reef degradation, caused by eroding soils flowing into the sea, and more recently ocean pollution (from plastics). Moreover, mass tourism has had the effect of fostering unmanaged development and swelling coastal populations, which affects over half of the Dominican Republic’s reef areas. The continued development of infrastructure projects, such as the building of highways, threatens the borders of naturally protected areas despite some government concern for forest protection. Although felling has been prohibited since 1967, many farmers continue to clear land for cultivation, even in natural reserves and protected areas. Mining projects and their negative effects on biodiversity, water quality and the environment more generally continue to be a major concern in affected areas. In particular, two big mining projects, Barrick Gold’s gold mines in Cotuí (already operating) and the proposed nickel mines in Loma Miranda, raise considerable BTI 2020 | Dominican Republic 26

environmental concerns for the fragile eco-system in the country. The Loma Miranda mines project is one example of social movements expressing environmental concerns that have stopped an economically important mining project. The mining industry in the country highlights the dilemma of a developing nation caught between the desire to protect the environment and the need to foster projects that may engender economic growth.

Education has been President Medina’s most important policy area, and the sector is Education policy / consolidating after undergoing considerable change, which if sustained beyond the R&D current administration, may improve the quality of education significantly. Under the 5 current period, however, results in terms of quality are still negligible, while enrollment has increased somewhat. The country ranks 64 out of 133 countries in the UN Education Index, 16th in the region and at a similar level as Paraguay. There are facilities for education, vocational training, and research and development in important sectors, but the quality of such facilities remains highly variable and many are substantially deficient. Literacy rate has slowly increased to 92.0%, and 98.8% in the age group of 15 to 24 (CEPAL data). School enrollment is up at secondary and tertiary level, reaching 53.0% for tertiary education (up from 47.5% in previous period). The Dominican Republic clearly suffers from brain drain, as many talented people find better opportunities abroad. Government spending has traditionally been low, among the lowest in the region. Under the Medina administration, the education ministry has undergone many positive changes, formerly dysfunctional and entangled in a range of corruption scandals. Medina kept his promise to double spending on education, which now takes up 4% of the GDP as stipulated in the 1997 education law. Spending per student is increasing steadily with a growing GDP and the country has entered the PISA-test system. A problem in the Dominican Republic is that there has been a discrepancy between allocated funds and spent funds, but the Medina administration has been able to decrease this gap. There has been a concern of increased corruption with the sudden increase in budget allocations, but new funds have gone into increased salaries for public teachers, construction of new schools and a national drive toward alphabetization. The education sector is still deficient, which the 2016 PISA results (still latest available) and other regional comparisons of education quality clearly demonstrate. This points to the challenges in the system and the long-term commitment required to improve results, but the Medina administration, despite many deficiencies, has launched the country’s first serious attempt to modernize and improve education for the majority of its citizens. In addition, the Solidaridad Cash transfer program connected to education reaches 247,000 homes, according to government figures. Even though the Ministry of Higher Education, Science and Technology was created in 2002, spending in R&D has been extremely low and negligent (0.3% of GDP for 2018). BTI 2020 | Dominican Republic 27

Governance

I. Level of Difficulty

Although still substantial, structural constraints on government in the Dominican Structural Republic cannot be considered high when compared to many other transformation constraints countries. However, structural distortions of a political and socioeconomic nature, in 5 particular the legacies of the patronage and patrimonial systems, continue to exert a negative influence even amid a relatively stable electoral democracy. Further, the country’s deep economic relationship with the United States may turn into a serious constraint if the Trump presidency carries out its threat to push the country out of CAFTA-DR for opening relations with mainland China.

Although Dominican society is not particularly ethnically fragmented, a new and strong Protestant Evangelical identity has emerged and challenged the Catholic domination, but more often than not the two religious groups ally and constrain the government’s slightly progressive agenda on moral issues. In addition, the Haitian minority, which includes seasonal workers in agriculture and construction, long- standing legal and illegal immigrants, as well as Dominican citizens of Haitian background, remain poorly integrated. Continued migration flows, in addition to the poor socioeconomic outlook of neighboring Haiti, which also constitutes the Dominican Republic’s second export market, pose considerable structural constraint. The troubles of Venezuela also put pressure on the country as migration has increased, but more importantly, the Dominican Republic has been used as a hub for drug-trafficking and money-laundering stemming from Venezuela.

The country is situated in the hurricane belt, and each fall experiences storms and hurricanes. Only rarely however do these storms have grave consequences for infrastructure and the economy, but flooding has increasingly become a more difficult problem, exacerbated by climate change. Population growth in both Haiti and the Dominican Republic is an additional challenge when it comes to maintaining a sustainable environment on the island.

Even though poverty has finally been reduced somewhat under the current positive economic growth, poverty and in particular inequality remain important structural constraints. There is a lack of a skilled labor force, and brain drain is a problem, straining governance capacity.

According to 2017 UNAIDS estimates, the prevalence of HIV in the adult population (15-49 years) is 0.9%, which means that the virus is kept under control. BTI 2020 | Dominican Republic 28

Despite improvements in civil society structures since the 1994 pact for democracy, Civil society civil society traditions are still relatively weak following decades of neo-patrimonial traditions presidential rule and are still affected by select and strategic cooptation by the 5 government. Intermediary entities therefore find it difficult to maintain effectiveness and autonomy from parties and the government given the latter’s access to state resources and patronage networks. The importance of political parties, however, as a system for interest representation has been decreasing for quite some time and has created a potentially larger role for civil society to create an autonomous space. Prior to the Medina administration, ad hoc groups dominated by the middle class and students in urban areas were able to generate an autonomous political space and become important agenda setters in the political debate (in particular with regard to education and the environment). But President Medina’s popularity combined with successful strategies of inclusion and cooptation have decreased the independent role of civil society somewhat. Yet, with the increasing criticism of abuse of power and corruption by the Medina administration, the period under review has seen a revival of civil society activities protesting government actions. The administrations of today are no longer immune from this pressure, and occasionally such actions block unpopular initiatives. Civil society, however, is much weaker when it comes to positive agenda setting and influencing Congress or the presidency. Protests against mining have strengthened civil society in rural areas in defense of labor conditions or the environment, but under this period of review, such actions have not been as prevalent as before.

Dominican society is divided according to conditions of economic and social Conflict intensity inequality. Religious or ethnic cleavages, apart from those affecting Haitian 3 immigrants, do not play an important political role in society. Ethnic and religious cleavages have not led to serious social conflict, although sporadic incidents of protests and violence between the Haitian minority and Dominicans occur, in particular in border areas. Under the new constitution, decisions of the Central Electoral Board and the Constitutional Tribunal have created a more difficult legal situation for the Haitian and Dominican-Haitian minority. The exit of radical, xenophobic actors from the Medina administration (the FNP/Castillo family), reduced the issue’s importance at the national political level, but xenophobically- motivated mobilization against the Haitian/Dominican-Haitian minorities continue in the border areas and have been used by politicians in several rural and urban areas outside Santo Domingo.

However, social cleavages are a constant, albeit latent issue in the country’s political scene, as none of the liberal democratic governments elected since 1978 have made it a priority to address issues of poverty and inequality. Politics in the country is not very ideological. Positions and access to patronage resources are more important than social cleavages and ideologies. BTI 2020 | Dominican Republic 29

II. Governance Performance

Question 14 | Steering Capability Score

The political leadership does pursue long-term aims (for instance as expressed Prioritization through the 2011 organic law of national development strategy for 2030), but often 6 delays them in favor of short-term political benefits, particularly connected to presidential elections (of which the 2012 and 2016 elections are clear examples). Given the stakes involved in the presidency and the patronage-based political system, this is a vicious circle from which it is hard to escape. Compared to previous administrations, the current Medina administration demonstrates a slight improvement regarding attention to strategic priorities. This is particularly visible in the efforts to strengthen education and the expansion of the CCT program Solidaridad (both linked to the National Development Strategy 2030), which, although at times used for clientelistic purposes, is yielding moderate results in both poverty reduction and school enrollment.

Unifying congressional and presidential elections have eliminated mid-term elections disruptive to long-term strategic priorities. Further, allowing for an immediate presidential re-election should also facilitate the potential for long-term planning. The downside is that it enhances the importance of the presidency, which increases incentives to further emphasize short-term gains over long-term priorities.

The Medina administration includes a mix of reform-seekers and defenders of status quo. While the overall priorities of the administration correspond quite well with the BTI’s framework for democracy and market economy, status quo defenders strengthened as part of the alliances Medina made to win his constitutional reform and re-election. Among reform drivers are the president, the education ministry and professionals connected to the economic team and the president. Several of the defenders of status quo are placed in autonomous bureaucratic institutions placed to implement government policy, but also in the central administration, such as Alejandrina Germán (PLD) who serves as minister for higher education, science and technology. The entrance of PRD president, Vargas Maldonado, as foreign minister has been a positive surprise, as he has successfully led the country into the Security Council (2018) and opened relations with mainland China, as well as balancing countervailing pressures from the United States and Venezuela on the crisis in the latter country.

The Medina administration has also successfully started a renewal process of the judges of the Constitutional and Supreme Courts, potentially removing defenders of status quo and destructive veto players in the high courts, while being able to select BTI 2020 | Dominican Republic 30

professional new judges in a relative transparent process. A new Central Electoral Board will be tested with upcoming elections on its ability to strictly implement the new party law that puts important restrictions on campaigning in the country. The Catholic Church, and partly the president’s own party in Congress, have proven hard opponents in the administration’s attempts to ease the ban on abortion, a battle the president lost in 2017.

The reunification of the PLD after the conflicts surrounding the constitutional reform to reelect President Medina and removing the xenophobic party FNP from the administration coalition have given the administration slight room to focus on its strategic priorities such as education, but the divisions have reappeared in 2018 with factions battling over the presidential candidacy.

Although committed to democracy and a market economy, previous administrations Implementation enjoyed only limited success in implementing announced reforms. The successful 6 implementation of reforms depends very much on the competence of the administration and state agencies, and the government’s ability to avoid prioritizing short-term political strategy over long-term policies. The current administration is no exception to these dilemmas.

The efforts and reforms in education have clearly not been as successful as desired, but continued efforts in the sector may produce positive results in the years to come. The administration’s prolonged commitment to education is by itself an indication that the ability to implement key policies has improved and is something relatively new in Dominican politics. Seeking structural reforms (improving infrastructure, teacher quality, salaries, etc.) demonstrates a willingness to make long-term investments rather than seeking immediate results. The expansion of the CCT program Solidaridad, which has now worked for eight years is another positive example of implementation, even though results are also relatively weak, including concerns over clientelistic use of the program. The administration has also put effort into and been able to implement priorities in health care, in particular related to its 911 program of a new national emergency system. These are all positive, but isolated, examples, which often are overshadowed by the lack of effective policy implementation in other sectors.

Policy implementation also depends on the government’s willingness to combat corruption within the state sector. Despite some improvements under the Medina administration, the administration has made few inroads into combating one of the more serious obstacles to implementing transformative reforms in the country. The administration’s efforts to fight corruption have been in part politically motivated, and when hit with corruption closer to the administration, prosecutions have been rare. Despite the 2012 high fiscal deficit, the strong, technocratic economic team has been successful in achieving macroeconomic stability and growth over the last seven BTI 2020 | Dominican Republic 31

years. In this area, the current administration builds on successful economic reforms implemented under President Fernández (2004-2012).

Research shows that efforts to reform the patronage bureaucracy into a more professional bureaucracy is of moderate success. Although facing resistance in his own party, the Catholic Church, the High Courts and the Central Electoral Board, President Medina has shown that he is capable of overcoming obstacles to implement reforms. The selection of new high court judges may also improve implementation capabilities, as destructive veto players may have been removed.

Despite bringing with him the legacy and associates of his predecessor, Medina had Policy learning clearly learned from past experiences and found a new more moderate role for the 7 presidency, which has proven popular among the population. The administration has constantly adapted to challenging environments in a non-confrontational manner, trying, and partially succeeding, in satisfying demands from civil society as well as from large business actors, for instance regarding mining or the case of the illegal sale of Bahía de las Aguilas, a publicly-owned pristine beach area in the South. The administration has demonstrated that it has the flexibility required for policy learning, and often also the knowledge, but sometimes other considerations such as electoral, or those related to patronage, take the upper hand. In this period, the balancing act related to the country’s foreign policy has demonstrated skillful learning in dealing with Venezuela, the Trump administration and China. The new constitution also includes several articles designed to address previous organizational mistakes and aims to prevent short-sighted or politicized fundamental institutional decisions. Despite their indisputable improvements in recent years, the PLD-led reforms have, in practice, strengthened political control over other institutions such as the judiciary and thus weakened oversight and democracy. This tendency of power concentration, which started with the 2010 constitution and PLD’s dominance, is strengthened by the PLD’s clear victory in the congressional and presidential election. Even though the constitutional potential for political control over the judiciary has not been used by Medina (to the extent traditionally expected), there is no guarantee that the next administration will act moderately and avoid the traditional excesses seen in the country.

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15 | Resource Efficiency

Previous administrations have been able to use only part of its resources efficiently, Efficient use of though wasteful excesses have not severely damaged political and economic stability assets (with some exceptions). The current administration is trying to concentrate resource 6 usage on strategic priorities, most visibly in education, an effort that has been lauded by UNESCO. Early reports showed, however, that improvement in quality had not been achieved, and there is still a lack of conclusive evidence of a positive change in the quality of education. Although the government has professionalized its staff, particularly with regard to economics, the inefficient use of administrative personnel remains a severe problem and form part of the political culture. The current administration is compartmentalizing its administration so that professional personnel are put into the key areas of policy (education, economic management, partly foreign relations), whereas other areas of government are left to continue with old practices.

Recent budget and administrative reforms aim to streamline the organization of the state and its use of budget resources, with moderate success in key areas. Administration reforms are making progress, but patronage appointments are still the norm, and fair and competitive recruitment for state positions is weak. Budget improvements are notable, but prone to weak oversight and excessive spending in connection to elections. It is an open question whether this will improve with renewals in the oversight agency (Central Electoral Board) and a new law regulating elections. The budget process is more transparent and predictable, and there is a low deviation of actual budget expenditures from planned expenditures. Auditing remains a serious issue, and often only occurs after the press has exposed corruption in a government agency. This means there are few safeguards against a return to inefficient budget practices and corruption. The 2016 elections confirmed and strengthened PLD’s dominance over the state, and given the weak opposition, there are no incentives to strengthen oversight mechanisms. Fiscal reforms have only slightly improved the administration’s ability to generate revenues, which remains weak since it is not being addressed systematically by the current administration.

BTI 2020 | Dominican Republic 33

For the 2016 election, President Medina and the PLD built a new coalition with its Policy historical enemy, the PRD. This new coalition has somewhat improved policy coordination coherence and reduced internal conflicts, compared to the previous coalition with the 7 anti-Haitian FNP and the conservative reformist party (PRSC). Yet, coalitions in the Dominican Republic are maintained through access to patronage rather than through accorded policies. Policy coordination has been less of an issue during this period, in part due to a more coherent coalition and Medina’s control over his party. Coordination, however, is challenged due to in-fighting in the PLD over the 2020 presidential candidacy, which is likely to become increasingly challenging until a candidate is elected.

President Medina has proven to be a more pragmatic politician who lacks his predecessor’s charisma and has toned down the centrality of the presidency, but his pragmatism has not been successful in removing the perennial problems within parties of coordinating succession of party leadership and presidential candidacies. The administration has managed the internal controversies under the current period relatively well, which have been minor compared to previous periods. Although the visible role of the presidency is reduced under President Medina, the centrality of Medina and the presidency has indeed increased during his period as he is well into his second presidential period. Coordination is also still clearly centralized in the presidency and his two ministers (Gustavo Montalvo and José Ramón Peralta). Internal conflicts and external obstacles, following the 2016 elections and the formation of a new coalition, were reduced early, and have not been a destructive force in this administration. But, with many in Medina’s party (PLD) eyeing the presidency, coordination of the party, and indirectly his administration, has faced new challenges late in the period under review.

Corruption is a fundamental characteristic of the administrative and state culture. Anti-corruption Despite other positive improvements in the last period, this has not fundamentally policy changed. Nevertheless, the contrast between the almost daily exposés of corruption 3 under the Fernández administration (2004-2012) and the Medina administration has been substantial. Academics, businesses and journalists report that government corruption has been considerably lower than before, but this period of review has again seen a rise in corruption exposés (in particular in autonomous state institutions), which give reason to doubt early improvements. The procurement system and oversight over contracts for public works have improved, but corruption in connection with the construction of the Santo Domingo Metro also demonstrates that improvements remain modest.

The current administration initially did not investigate corruption, but when it became politically convenient, it was used as a political tool to undermine the competition for power that former President Fernández constituted. The anti-corruption agenda has been relatively quiet in this period. Although exposed politicians have been removed from their positions following exposure, investigation and prosecution in courts, have BTI 2020 | Dominican Republic 34

been rarer and selective. The Odebrecht scandal hit the country hard, putting on display the pervasiveness of corruption in relation to public contracts and led to investigation into several top politicians from all parties.

Media exposure and public attention to cases of corruption, however, is stronger than before, with more widespread attention in the press. Popular pressure through demonstrations and anti-corruption organizing in civil society also put pressure on the administration to hold officeholders to account. These developments are necessary, although not sufficient, to seriously pressure the government to combat the problem. Outside the administration, corruption seems unaltered. Police and armed forces are characterized by high levels of bribery, particularly evident and problematic in border areas and related to drug-trafficking, which has become a much more serious and visible problem during this period (often leading to cases of assassination and even shoot-outs that previously were much more rare). Political parties seem even less interested than the government in battling corruption, even though the new party law regulating campaigns may, if implemented effectively, will create change.

16 | Consensus-Building

There is consensus in terms of the Dominican Republic’s need to support a Consensus on goals democratic system of government. The 1994 Pact for Democracy represented an 7 agreement between political parties and a number of relevant social groups (including the Catholic Church) that was unique in the country’s history. Since then, the actors in question have essentially backed the transformational goals of an electoral democracy. The 2016 election, however, raised concerns since the opposition, for the first time since the 1990s, did not recognize the victory of the president and boycotted President Medina’s swearing in. Although the original turmoil has not converted into detraction from the democratic system by any major actor, the rhetoric of the opposition, desperate to come into power, has hardened somewhat. The prolonged and strengthened dominance of the PLD thus somewhat undermines democracy, which is based on changes in power. Despite this negative development, there are no extra-institutional actors aiming to dismantle the current form of democracy in the country. However, the strength of informal institutions and practices such as clientelism and patronage indicate a lack of commitment to democracy under the rule of law.

Since the mid-1990s, there has been a clear consensus among all political parties in support of a market economy. There was a general consensus of major market reforms in the mid to late 1990s and early 2000s that still exists today. In fact, as evidenced among political elites, the Dominican Republic is the country with the least ideological distance between political parties on the left to right scale across all of Latin America. There are no parties or major social actors that aim to disrupt the market economy model in the country. BTI 2020 | Dominican Republic 35

Anti-democratic veto actors are mostly under control, or at least their ability to cause Anti-democratic obstruction seems to be negligible. Although the opposition questioned the actors democratic character of the 2016 election, they have not turned into anti-democratic 9 actors, and stay within the game of institutional democratic politics. Of the actors who might question the country’s democratic transformation, such as the military, no group can claim enough obstructive capability to count as a veto power. Their resistance instead consists of stalling reforms or working to prevent their implementation. The latter is exemplified by the Catholic and Protestant Church effective veto against reforming the complete ban on abortion. The business sector and the Catholic Church form part of the country’s broad institutional consensus on democracy and market economy. Increased drug flows through the country and the presence of drug-related groups and their connections to politics may result in a challenge to democracy.

Because of the country’s high level of socioeconomic inequality, the potential for Cleavage / conflict has been high for decades, but has not materialized within a party system conflict based on cleavage representation. Research points to the issue of Haiti, anti- management Haitianism and migration as factors that are used to conceal other conflicts that are 7 based on deep socioeconomic inequalities. There are only negligible ideological differences between the major parties, exemplified by the coalition between the PLD and Vargas Maldonado’s PRD (now a minority after the majority of PRD left and formed PRM), and disagreements are more often based on positions than policies, which is demonstrated each time an election period looms. The large minority of

Haitian immigrants and of Dominicans of Haitian descent is discriminated against on a daily basis but has not managed to mobilize or organize sufficiently in order to turn the issue into a cleavage that is manifested by political parties. Civil society is becoming more visible as an autonomous actor in the country, but the Medina administration has managed to keep any conflicts at a low level, even granting civil society occasional victories.

The political leadership formulates its policy autonomously and frequently ignores Civil society civil society actors. With some exceptions, the degree of involvement of civil society participation actors in the formulation of policies holds more the character of co-optation rather 5 than real interest representation. The exceptions have at times been involvement of professional interested associations and civil society actors in the scrutiny over candidates for high courts (before the official selection of judges). In sum, the influence of civil society on policy formulation is low.

Influence is more visible in reaction to policies and exposés of corruption scandals, a trend that has been strengthened during this period of review. Demonstrations have been massive regarding exposés connected to the Odebrecht scandal and others, forcing the administration to take some actions, often by removing the head of a government institution involved in corruption, and at times to prosecute the parties involved. Civil society and parts of the press demonstrate time and again that with BTI 2020 | Dominican Republic 36

good organization supported by strong popular majorities and media coverage, it is possible on an ad hoc basis to influence the administration and Congress. The more successful pressure groups in civil society when it comes to formulation of policies, however, still are the Catholic and Evangelical churches in questions of morality (gay marriage, abortion, etc.).

On average, political leadership in Congress and the presidency appear as relatively closed institutions insulated from civil society. However, although still weak, since the 2010 constitutional reform the political leadership has opened somewhat with increased popular mobilization. Civil society has since gradually strengthened its position as a partial agenda setter when effectively monitoring and protesting controversial decisions made by various administrations. Civil society is only to a limited degree active in policy implementation and performance monitoring. An important exception is the case of election monitoring, above all by the NGO Participación Ciudadana (PC), partially corruption monitoring by Adocco (Alianza dominicana contra la corrupción), and also monitoring regarding the treatment of Dominican-Haitians and Haitian migrants (OBMICA). The latter has had little success in influencing decision-making, but more so in monitoring and documenting the situation.

Concerning acts of injustice during the Trujillo regime (1930–1961) and Balaguer’s Reconciliation civil-authoritarian regime (1966–1978), there has never been a process of n/a reconciliation such as happened in Argentina or Chile.

Nevertheless, acknowledgment of government-perpetrated acts of injustice under the Balaguer regime may be difficult to achieve. As president, Leonel Fernández promoted the idea of exalting Balaguer as the “father of Dominican democracy” and the PRD leadership followed suit, demonstrating lack of interest in confronting past violations. None of the leading parties in the country have shown interest in promoting the investigation of past wrongdoings or opening a process of reconciliation. There have been no comprehensive attempts to put forward a policy of reconciliation for ills committed during the Trujillo dictatorship, which ended in 1961.

It should be mentioned, however, that the lack of reconciliation measures to address the activities of previous regimes is not perceived as a gross error. Though victims are remembered every year (esp. young revolutionaries killed in the 1970s), there is no social demand for justice, truth commissions, etc., and the issue is not politicized. So far, there are some minor attempts to address the past and its atrocities through documentation and education such as the Museum of Resistance and the efforts of historian Roberto Cassá as leader of the National Archives to document the violent past under Trujillo and Balaguer. BTI 2020 | Dominican Republic 37

17 | International Cooperation

The political leadership works with bilateral or multilateral international donors and Effective use of tries to make use of international assistance, but this does not always facilitate support significant policy learning or policy improvement. The political leadership is 8 officially committed to sustainable political and economic development expressed through its own development agenda in the National Strategy of Development 2030, which sets a clear roadmap and goals. The long-term plans, however, are with some exceptions (education and Plan Solidaridad), implemented in an inconsistent manner. The government also seeks (and sometimes ignores) international assistance and advice on important agenda items such as efforts in education and development, but shuns it when it comes to dealing with migrants and Dominican-Haitians. Internationally, political leaders are committed to the goals of pursuing continued economic and political development; however, these are often subject to more short- sighted political or economic needs.

Undoubtedly, one of the strengths of the transformation process to date has been the willingness of state and non-state actors to cooperate internationally and transnationally. All administrations since the first Fernández administration (1996– 2000) have been highly committed to advancing the Dominican Republic’s integration into the world market. In addition, presidents have made use of their partners’ skills (e.g., election observers’ advice on institutional reforms) and material resources (e.g., technical and financial cooperation) to facilitate transformation even though successful implementation of needed reforms often has been lacking.

Macroeconomic stabilization achieved in the 1990s and revived after the 2003 to Credibility 2004 economic crisis remains an important reason why external actors have 7 applauded their Dominican partners’ willingness to cooperate internationally. The current growth and stability at a time of regional uncertainty, strengthens the image of credibility of the government.

The failure to protect human rights of the migrant minority, a key element to any democracy, has been a long-term concern in the relations between the country and the international community. The blatant attack on the human rights of Haitians and Dominican-Haitians by the Constitutional Tribunal and the Dominican exit of the Inter-American Court of Human Rights seriously damaged the state’s credibility in the international community when it comes to democracy and human rights. Its long- held support for Venezuela’s Maduro Administration in the Organization of American States (until the fall of 2018) also led to questioning of the country’s support for international efforts to safeguard democracy in the region. The current administration, however, has weathered these storms, and with the exception of the citizenship rights for Dominican-Haitians, the country is relatively consistent in upholding its international obligations. Today all major international actors have now BTI 2020 | Dominican Republic 38

effectively, even if reluctantly, accepted the new status quo when it comes to the status of Dominican-Haitians. Its position on Venezuela was in part explained by oil deals under Petrocaribe, and arguably corrupt dealings between Venezuelan and Dominican leaders, but also its role as a mediator in the conflict in 2017/18. The country now takes a critical position on Venezuela in the OAS, and supports the efforts of the Lima Group, successfully turning around on this key regional issue. Further, during fall 2018, the Dominican Republic entered the U.N. Security Council, which demonstrates that the government is regarded as a credible and reliable partner internationally.

When it comes to investments and the economy, the country is regarded as a relatively safe business environment and attractive for foreign investments, as demonstrated by increasing FDI in the period.

The Dominican Republic belongs to the United Nations and many of its specialized and related agencies, including the World Bank, the ILO, the International Atomic Energy Agency and the International Civil Aviation Organization. Furthermore, the U.S. have signed a free trade agreement with the Dominican Republic (CAFTA-DR), which due to the unreliability of the U.S. under Trump may be threatened because the Dominican Republic opened diplomatic ties with mainland China. The country has signed various other bilateral trade agreements throughout the last decade. President Medina has played a smaller international role than his predecessor Fernández, but enjoys the respect of his peers. In order to counteract the loss of credibility in the area of human rights, President Medina implemented several reforms to modernize and professionalize the foreign service, which have survived under the leadership of PRD’s Miguel Vargas Maldonado.

Under several administrations, political leadership has worked actively and Regional successfully to establish and broaden as many cooperative relations as possible. The cooperation final success of this strategy has been the country’s entrance to the U.N. Security 8 Council. This strategy has also led to the signing of free trade agreements with the Caribbean Community (Caricom), Central America, Costa Rica, El Salvador and the United States, and a commercial treaty with Panama. In October 2008, the Dominican Republic and Caricom signed a full Economic Partnership Agreement (EPA) with the European Union, which is subject to reviews every five years and stipulates the CARIFORUM countries to integrate more closely with each other.

The relationship with its neighbor Haiti is complicated, but aside from deep disagreements related to the issue of citizenship for Dominican-Haitians and Haitian migrants, the relationship between the two administrations have been generally cordial, and Haiti is the country’s third largest export destination.

The Dominican Republic has been criticized by the OAS and the Inter-American Commission and Court of Human Rights, among others, for its treatment of Haitian immigrants and Dominican-Haitians, in particular for not granting, and even BTI 2020 | Dominican Republic 39

retracting, citizenship to children of Haitian immigrants born in the country. This led to the country’s withdrawal from the Inter-American Court of Human Rights. Despite receiving hard criticism of its support of the Maduro administration in Venezuela, hosting dialog between the Venezuelan parties demonstrated the government’s willingness to cooperate with its neighbors on a vital regional issue. BTI 2020 | Dominican Republic 40

Strategic Outlook

In this review period, President Medina enjoyed the benefits of having been successfully re-elected with majority support in Congress, full control of his party, and a stable coalition with the Dominican Revolutionary Party. The period has seen the consolidation of economic growth, some poverty reduction, and continued efforts in the strategic policy areas of education, poverty reduction (through the Solidaridad program), and the health sector. Although results in these social areas are still relatively meager, the government’s ability to follow up on long-term commitments is positive and must be continued under a new presidency in 2020. This commitment, however, will be tested against the many actors’ desire to seek short-term political gains in 2019 and 2020 as the 2020 presidential elections draw closer. In order to provide a positive legacy, President Medina and his team should not let the growing internal conflicts in his party over the presidential candidacy influence his long-term strategic policies. The fight within the major parties over presidential candidacies and the 2020 general elections remain the biggest challenges to continued positive transformation in the period to come.

Medina will face the challenge of avoiding becoming lame duck when party leaders vie for support for their presidential candidacies. Maintaining party support and unity as in-fighting for the 2020 presidential candidacy has started will be a major challenge. If President Medina falls for the temptation of seeking constitutional reform to allow for another re-election to solve problems within his own party, democratic institutions will be the victim. As such, the upcoming period will be a crucial test on his administration and its ability to prioritize long-term goals over short-term political gains.

The continued, and increasingly dominance of the PLD has weakened the opposition and checks and balances in Dominican democracy. Despite good intentions, weak oversight may deteriorate democratic processes, and an orderly and transparent electoral campaign and elections will be vital to address current imbalances and distrust in the political system. A new party law set to regulate campaigns and reduce campaign costs and periods must be vigorously upheld by the Central Electoral Board, and these efforts should be supported by the current administration. It is vital that all political actors regard the political playing field as relatively level so that the opposition does not seek extra-institutional strategies to sabotage government policies or to win power.

Economic growth has continued and has finally helped reduce poverty levels somewhat. In order to build on these successes, it is important that short-term interests of winning elections do not distort the macroeconomic moderation and stability various administrations have worked hard to obtain. The implementation of education reforms has lacked quality so far, and although positive results may still materialize, the ability to advance transformation is still relatively weak. Further success in this area does not only require continued support from the government, which it has had, but also broader state reforms aimed at professionalizing state bureaucracy. It will also be important that the candidates contending for the 2020 presidential elections are encouraged to pledge support to the ongoing efforts in education and social inclusion so that positive reforms BTI 2020 | Dominican Republic 41

continue and may produce positive transformative effects in the medium to long run. On the economic side, the state’s low ability to collect taxes is a considerable obstacle to financing current and future social reforms. Reforms to broaden the tax base and improve the quality and effectiveness of tax collection should be important goals for the government, and the government should be encouraged to seek international advice and expertise in this task, which is key to addressing socioeconomic inequalities.

Tab 13 IF THEY CAN HAVE HER, WHY CAN’T WE? March 28, 2019

Police in the Dominican Republic routinely rape, beat, humiliate and verbally abuse women sex workers to exert social control over them and to punish them for transgressing social norms of acceptable femininity and sexuality, said Amnesty International in a new report released today.

‘If they can have her, why can’t we?’ chronicles the stories of 46 Dominican cisgender and transgender women sex workers, many of whom reported suffering various forms of violence, much of which amount to gender-based torture and other ill-treatment. The criminalized status of sex workers combined with profound machismo, fuels arbitrary detentions by police and enables these grave human rights violations, with impunity.

“Gender-based violence is epidemic across Latin America and the Caribbean, with women sex workers at particular risk from state ofﬁcials and other individuals,” said Erika Guevara-Rosas, Americas director at Amnesty International.

“The harrowing testimonies that Amnesty International has gathered from the Dominican Republic reveal that police routinely target and inﬂict sexual abuse and humiliation on women who sell sex with the purpose of punishing and discriminating against them. Under international law, such treatment can amount to gender-based torture and other ill-treatment.”

In the Dominican Republic, in 2018 alone, the Prosecutor General’s Ofﬁce received over 71,000 reports of gender-based and intra-family violence, and more than 6,300 reports of sexual offenses, including 1,290 reports of rape.

The country also has one of the region’s highest femicide rates, with more than 100 cases recorded in 2017, according to the UN Gender Equality Observatory for Latin America and the Caribbean. Similarly, 47 transgender women have been killed since 2006, according to the transgender-led NGO Trans Siempre Amigas (TRANSSA).

Public health experts estimate there are as many as 97,000 cisgender women sex workers in the Dominican Republic, and at least 3,900 transgender women, many of who engage in sex work.

Approximately half of the women interviewed by Amnesty International were cisgender women, and the other half were transgender women. The women had decided to engage in sex work for a variety of reasons. For some, it offered ﬂexibility and control over their working hours or higher pay compared with other alternatives and gave them ﬁnancial independence. For others, sex work was one of the limited options they had to cover their basic needs.

At least 10 of the 24 cisgender women interviewed for this report said police ofﬁcers had raped them, often at gunpoint. Most of the transgender women had also suffered discriminatory and violent actions (typically focused on their gender-identity or expression) at the hands of the police, that could amount to torture or other ill- treatment.

Amnesty International interviewed multiple women who described having been gang raped by armed and uniformed police ofﬁcers in similar circumstances – late at night, on dark street corners, often in the back of police vehicles.

One woman explained to Amnesty International how she was raped one night in October 2017.

“There were three of them. I was on a corner waiting for clients… and they abused me,” she said. “They pulled me onto the (police) van… They saw that the area was empty… They started to grope me, take of my clothes. They ripped my blouse…. One after the other,” she said.

She continued: “I was afraid. I was alone. I couldn’t defend myself. I had to let them do what they wanted with me… They threatened me, that if I wasn’t with them they would kill me. They (said) that I was a whore, and so why not with them?” “They called me a “bitch” and used many offensive words…. They saw me, I guess, and they thought ‘Well, if they (clients) can have her, why can’t we?’”

The report also details how women sex workers who live with multiple discriminated identities – such as transgender women – experience even more pronounced exclusion and are at greater risk of torture from the state and individuals.

Transgender women reported being called “fags” and “devils” by police ofﬁcials, and said they believed they were viewed as “aliens” or “animals”. Multiple transgender women reported that police had burned their wigs or forced them to clean prison cells covered in excrement to punish them.

Impunity for sexual torture is typical. The Dominican Republic fails to collect any data that would help determine the scope and severity of the problem of gender-based torture and ill-treatment by police, which is an essential step to combatting and holding perpetrators account for such grave violence. This impunity fuels the normalization of such crimes by the authorities, as well as by victims themselves in some cases.

Sex workers’ complaints are rarely taken seriously by authorities. One woman told Amnesty International: “If you go to the police station to make a complaint, they treat you like a whore. They ignore you. They don’t pay you any attention.” Despite having ratiﬁed multiple international human rights instruments that prohibit torture, the Dominican authorities fail to prevent, properly investigate or provide remedies for these potential cases of torture, as required by international law.

Over the past decades, the Dominican Republic has taken steps to address the co-existing epidemics of violence against women and HIV&AIDS, which both disproportionately impact sex workers. But it has stopped short of listening to the needs and protecting the rights of sex workers and carrying out the legal reforms sorely needed to address the underlying drivers of stigma and discrimination against them.

Amnesty International calls on Dominican president Danilo Medina to publicly recognize and condemn the use of rape and other forms of gender-based torture and ill-treatment by the police, and the Prosecutor General’s Ofﬁce to develop a protocol for the investigation of potential cases of this nature.

Dominican legislators must also urgently pass the draft law currently under consideration, which is designed to address multiple forms of discrimination, in order to ensure profound structural change and protect all historically marginalized groups from the stigma and discrimination that fuels human rights abuses.

“By passing a law to prevent discrimination against some of the country’s most marginalized women, the Dominican Republic could set an example for the rest of the Caribbean to follow in the ﬁght against stigma, machismo, and other drivers of extreme violence against women,” said Erika Guevara-Rosas.

“This would in turn help the country address its wider epidemic of gender-based violence, which, like violence against sex workers, is rooted in machismo and hatred.”

Further information:

Dominican Republic: Horrifying killing of transgender woman highlights need for protection against discrimination (News, 6 June 2017)

Dominican Republic: ‘Shut up if you don’t want to be killed!’: Human rights violations by the police in the Dominican Republic. (Research, 25 October 2011)

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OK Tab 14 FREEDOM IN THE WORLD 2019 Dominican Republic 67 PARTLY FREE /100

Political Rights 26 /40

Civil Liberties 41 /60

LAST YEAR'S SCORE & STATUS 67 /100 Partly Free Global freedom statuses are calculated on a weighted scale. See the methodology. Overview

The Dominican Republic holds regular elections that are relatively free, though recent years have been characterized by controversies involving the electoral framework. Pervasive corruption undermines state institutions, and discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT (lesbian, gay, bisexual, and transgender) people, remains a serious problem. Key Developments in 2018

A controversial new electoral law was promulgated in August after winning approval from legislators, and work began on its implementation. The new law quickly became the subject of legal challenges from across the political spectrum. Challenged provisions included those mandating that the electoral commission administer party primaries; requiring a minimum time candidates must be associated with parties for which they aspire to run; and placing limitations on when new parties may join existing alliances. Seven current and former officials were charged in June in connection with a wide-ranging corruption scandal involving the Brazilian construction firm Odebrecht. However, many more officials have been implicated, and the government has not responded to requests to establish an independent inquiry into the allegations. While the homicide rate in 2018 was down approximately 15 percent compared to the previous year, violent crime remained high. The Citizen Security Observatory, a governmental body that records crime statistics, reported 801 homicides between January and September. Political Rights A. Electoral Process

A1 0-4 pts

Was the current head of government or other chief national 3 / 4 authority elected through free and fair elections?

In 2016, observers from the Organization of American States (OAS) monitored the presidential and concurrent legislative elections, and deemed them credible. However, they called for major reforms to guarantee equal access to party ﬁnancing and access to media by participating political parties. The OAS also expressed concern about serious complications involving new electronic voting and vote-counting infrastructure; delays in tabulation resulted in the full ﬁnal results not being made public until 13 days after the elections. Six people were killed in election-related violence the Central Election Board (JCE) head claimed had erupted due to frustration with delays created by demands for manual vote-counting.

A2 0-4 pts

Were the current national legislative representatives elected through free and fair elections? 3 / 4

The Dominican Republic’s bicameral National Congress consists of the 32- member Senate and the 190-member Chamber of Deputies, with members of both chambers directly elected to four-year terms.

In the 2016 legislative elections, held concurrently with presidential election, the ruling PLD captured 26 Senate seats and 106 seats in the Chamber of Deputies. The OAS observer mission deemed the polls credible, but called for major reforms to guarantee equal access to party ﬁnancing and media coverage, questioned the eﬃcacy of the new electronic voting and vote- counting infrastructure, and condemned the election-related violence.

A3 0-4 pts

Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management 3 / 4 bodies?

The 2016 general elections exposed serious problems with electoral infrastructure and the capacities of the JCE, with some saying the delays in vote-counting precipitated the post-election violence. The polls also exposed irregularities in party ﬁnancing.

Electoral reform has since been heavily debated in the legislature. In August 2018, the Law of Political Parties, Groups, and Movements was enacted by President Medina after winning approval from lawmakers. Under the new law, among other provisions, the JCE will administer the primary elections of political parties, rather than the parties themselves under their own statutes. (The law’s approval was seen as a victory for Medina, who was facing some dissent from within his own party.) A number of ﬁgures, including PLD members, members of an opposition bloc, constitutional experts, and lawyers have since challenged various parts of the law as unconstitutional. Nevertheless, after holding public consultations, the JCE adopted the regulations for application of the law in December.

Despite the JCE’s past shortcomings, the body operates with some transparency and cooperates with international election monitors, opposition parties, and other relevant groups. B. Political Pluralism and Participation

B1 0-4 pts

Do the people have the right to organize in diﬀerent political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these 3 / 4 competing parties or groupings?

Political parties are generally free to form and operate. However, under current electoral laws, newer and smaller parties struggle to access to public ﬁnancing and secure equal media coverage, hampering their competitiveness. Provisions of the electoral law enacted in August 2018 require a minimum time candidates must be associated with the parties for which they aspire to run, though this was being challenged at year’s end.

B2 0-4 pts

Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4

Opposition parties and candidates generally do not face selective restrictions during election periods but are disadvantaged by elements of the electoral framework. Provisions of the electoral law enacted in August 2018 prohibit parties running in an election for the ﬁrst time from joining preexisting alliances, though this was being challenged at year’s end. The governing PLD has won legislative majorities in the last four elections.

B3 0-4 pts

Are the people’s political choices free from domination by the military, foreign powers, religious hierarchies, economic oligarchies, or any other powerful group that is not democratically 3 / 4 accountable?

People are generally free to exercise their political choices. However, a history of violent police responses to social and political demonstrations may deter political participation by some, and economic oligarchies and organized crime groups have some influence over the political sphere. Private donations to political parties are unlimited and unregulated, allowing wealthy donors significant influence over politics.

B4 0-4 pts

Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights 1 / 4 and electoral opportunities?

A 2013 Constitutional Court decision stripped Dominican-born descendants of Haitian migrants of their citizenship, and thus their right to vote.

Parity laws have led to a higher number of women in the legislature, but the Dominican Republic is among countries with the lowest representation of women at the ministerial level, with only 17.3 percent of positions occupied by women. Woman lawmakers report that it is diﬃcult for them to exert inﬂuence over their parties’ positions and to secure funding for political candidacies.

Discriminatory attitudes and occasional acts of targeted violence against LGBT people discourages their political participation. C. Functioning of Government

C1 0-4 pts

Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4

Government and legislative representatives are generally able to determine national policies in a free and unhindered manner.

C2 0-4 pts

Are safeguards against oﬃcial corruption strong and eﬀective? 2 / 4

C3 0-4 pts

Does the government operate with openness and transparency? 2 / 4

The government does not always operate with transparency. Although state agencies generally respond to information requests, they often provide inaccurate or incomplete responses. Public oﬃcials are required to publicly disclose assets, but nongovernmental organizations (NGOs) have cast doubt upon the accuracy of these disclosures. Public contracting and purchasing processes are opaque and allow for high levels of corruption, as reﬂected in the Odebrecht scandal. Civil Liberties D. Freedom of Expression and Belief

D1 0-4 pts

Are there free and independent media? 2 / 4 The law guarantees freedom of speech and of the press, but journalists risk intimidation and violence when investigating sensitive issues, particularly drug trafficking and corruption. In April 2018, an appeals court sentenced Matias Avelino Castro to 20 years in prison for orchestrating the 2011 murder of journalist, magazine director, and television host, José Agustín Silvestre; Silvestre was killed after promising to publicize information linking Castro to drug trafficking operations. Prior to the verdict, a journalist received threats for covering the trial. The attorney general communicated on Twitter that his office was beginning an inquiry into the threats and would offer her protective measures.

Several national daily newspapers and a large number of local publications operate in the country. There are more than 300 privately owned radio stations and several private television networks alongside the state-owned Radio Televisión Dominicana (RTVD), though ownership of private outlets is highly concentrated.

D2 0-4 pts

Are individuals free to practice and express their religious faith or nonbelief in public and private? 4 / 4

Religious freedom is generally upheld. However, the Catholic Church receives special privileges from the state including funding for construction, and exemptions from custom duties.

D3 0-4 pts

Is there academic freedom, and is the educational system free from extensive political indoctrination? 4 / 4 Constitutional guarantees regarding academic freedom are generally observed.

D4 0-4 pts

Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

People are generally free to express personal views in public and privately without fear of retribution or surveillance. E. Associational and Organizational Rights

E1 0-4 pts

Is there freedom of assembly? 3 / 4

Freedom of assembly is guaranteed by the constitution, and demonstrations are common, but sometimes subject to violent dispersal by police. There was a large protest against government corruption in August 2018, and throughout the year smaller demonstrations were held at which participants called for the decriminalization of abortion, protested rising fuel prices and frequent power outages, and expressed support for the recognition of social, cultural, economic, and environmental rights. Several people were injured in September when demonstrators protesting high fuel prices and electricity shortages clashed with police. In October, one person was reportedly killed by police gunﬁre in Santiago de los Caballeros as police moved against protesters, some of whom were working to block roads into their neighborhood ahead of a planned nationwide strike.

E2 0-4 pts

Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related 4 / 4 work?

Freedom of association is constitutionally guaranteed, and the government respects the right to form civic groups.

E3 0-4 pts

Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

Workers other than military and police personnel may form and join unions, though over 50 percent of workers at a workplace must be union members in order to engage in collective bargaining. Workers must exhaust mediation measures and meet other criteria in order for a strike to be considered legal. In practice, workers are often dissuaded from joining unions, and risk dismissal for joining a union. In May 2018, the National Confederation of Trade Union Unit registered a complaint against the Dominican Republic before the International Labor Organization for a breach of international conventions on freedom of association and collective bargaining at several companies. Several strikes took place in 2018 over high fuel prices and other economic diﬃculties. F. Rule of Law

F1 0-4 pts

Is there an independent judiciary? 3 / 4

Justices of the Supreme Court and Constitutional Court are appointed to seven- and nine-year terms, respectively, by the appointed by the National Council of the Judiciary. That body is comprised of the president, the leaders of both chambers of congress, the Supreme Court president, and a congressional representative from an opposition party.

The judiciary is plagued by corruption and is susceptible to political pressure. Reports of selective prosecution and the improper dismissal of cases continue. The National Council of the Judiciary has taken some action to curb judicial abuses, and announced in 2018 that since 2012 it had dismissed 22 judges over questionable rulings in favor of defendants.

F2 0-4 pts

Does due process prevail in civil and criminal matters? 2 / 4

In late 2018, 60 percent of people being held in prisons were in pretrial detention.

F3 0-4 pts

Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

Rates of murder and other violent crime are high. While the 2018 homicide rate was down approximately 15 percent compared to the previous year, the Citizen Security Observatory (a governmental body that records crime statistics) reported 801 homicides between January and September.

Prisons are severely overcrowded, though the government has indicated it plans to use money from ﬁnes resulting from the Odebrecht prosecution to construct new prisons.

The National Human Rights Commission and nongovernmental organizations (NGOs) report that security forces, including joint military and police patrols dispatched by the government to curb violence, committed extrajudicial killings in 2018.

F4 0-4 pts

Do laws, policies, and practices guarantee equal treatment of various segments of the population? 1 / 4 Dominicans of Haitian descent and Haitian migrants face persistent discrimination, including obstacles in securing legal documents such as identification, birth certificates, and marriage licenses, and have difficulty registering their children as Dominican citizens. This lack of documentation makes it difficult for those affected to attend school and university, and obtain legal employment.

LGBT people suﬀer from violence and discrimination. They are still barred from working in certain public sectors, such as the police and armed forces. An antidiscrimination bill remained stalled in 2018 despite renewed calls from civil society to bring it into eﬀect. G. Personal Autonomy and Individual Rights

G1 0-4 pts

Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2 / 4

G2 0-4 pts

Are individuals able to exercise the right to own property and establish private businesses without undue interference from state / 4 or nonstate actors? 3

Private business activity remains susceptible to undue inﬂuence by organized crime and corrupt oﬃcials, though the World Economic Forum’s Global Competitive Index points to some improvement in these areas.

G3 0-4 pts

Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic 2 / 4 violence, and control over appearance?

Violence and discrimination against women remains pervasive. According to 2017 statistics from the UN Children’s Fund (UNICEF), 36 percent of girls are married before their 18th birthday. Poor medical care has left the country with one of the highest maternal mortality rates in the region. After a 2014 law decriminalizing abortion in some situations was struck down in 2015 by the Constitutional Court, a complete ban on abortion was eﬀectively reinstated.

In 2017, the Senate rejected proposed amendments recommended by Medina that would have decriminalized abortion when the life of the mother is endangered or in cases of incest, rape, or fetal impairment. The House shortly afterward voted against the Senate’s rejection, thus setting the stage for another legislative vote on the issue. In 2018, a national survey revealed that a majority of the population supported decriminalization of abortion in each of those instances. G4 0-4 pts

Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

Many workers in the country are employed informally, leaving them without legal protections.

On Dominican Republic See all data, scores & information on this country or territory. See More

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AMNESTY INTERNATIONAL

Amnesty International is a global movement of more than 7 million the Universal Declaration of Human Rights and other international political ideology, economic interest or religion and are funded mainly by our membership and public donations.

First published in 2018 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is Peter Benenson House, licensed under a through 2017. 1, Easton Street, CreativeCommons (attribution, The absence of an entry in this London WC1X 0DW non-commercial, no derivatives, report on a particular country or United Kingdom international 4.0) licence. territory does not imply that no https://creativecommons.org/ © Amnesty International 2018 human rights violations of licenses/by-nc-nd/4.0/legalcode concern to Amnesty International For more information please visit have taken place there during the the permissions page on our year. Nor is the length of a website: www.amnesty.org country entry any basis for a A catalogue record for this book comparison of the extent and is available from the British amnesty.org Library. concerns in a country. Original language: English

ii Amnesty International Report 2017/18 iv Amnesty International Report 2017/18 reunification. In May, the High Court of RIGHTS OF LESBIAN, GAY, BISEXUAL, Eastern Denmark ruled that the TRANSGENDER AND INTERSEX PEOPLE postponement of family reunification of a Syrian refugee with his wife was not in resolution to end the pathologization of violation of the right to family life under the transgender identities was implemented. European Convention on Human Rights. In However, existing procedural rules on access November, the Supreme Court confirmed this to hormone treatment and gender-affirming ruling. surgery continued to unreasonably prolong In January, the Supreme Court ruled that the gender recognition process for the compulsory overnight stay and twice daily transgender people. reporting regime at a centre for individuals on No national guidelines from the Danish Health Authority outlined how doctors should protection but who could not be deported), treat children with variations of sex constituted a disproportionate measure characteristics and the approach was not amounting to custody when extended beyond human rights-based. This allowed non- a period of four years. The government emergency invasive and irreversible medical implemented the ruling, but also decided that procedures to be carried out on children, any person leaving the centre to live with typically under the age of 10, in violation of their family would lose their right to health the UN Convention on the Rights of the care and financial assistance for food. Child. These procedures can be carried out In March, the Parliamentary Ombudsman despite the lack of medical research to concluded that government policy to separate support the need for surgical intervention, asylum-seeking couples when one partner and despite documentation of the risk of was under the age of 18 was a violation of the lifelong harmful effects.1 In October the UN Danish Act on Public Administration and Committee on the Rights of the Child raised possibly a violation of the right to family life. concerns regarding surgical interventions on The policy did not provide for a process to intersex children. determine whether the separation was in the interest of the younger spouse and did not 1. consider their opinion. variations of sex characteristics in Denmark and Germany (EUR 01/6086/2017) VIOLENCE AGAINST WOMEN In April, a proposal by the opposition to introduce a consent-based definition of rape, DOMINICAN in line with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence REPUBLIC (Istanbul Convention) ratified by Denmark in Dominican Republic 2014, was rejected in Parliament. In Head of state and government: Danilo Medina Sánchez November, the Council of Europe's Group of Experts on Action against Violence against Limited progress was made in solving the Women and Domestic Violence (GREVIO) statelessness crisis. Abortion remained encouraged the Danish authorities to change criminalized in all circumstances. Excessive the current sexual violence legislation and use of force by the police and gender-based base it on the notion of freely given consent violence continued. as required by the Istanbul Convention. BACKGROUND The Dominican Republic suffered from a series of natural disasters that hit the Caribbean during the year, including two

148 Amnesty International Report 2017/18 major hurricanes in September. This, along The naturalization plan established by Law with previous flooding earlier in the year, left tens of thousands of people temporarily birth was never registered in the Dominican displaced and badly damaged infrastructure. Like many small, developing island states, during the year. Of the 8,755 individuals who the Dominican Republic remained very were able to register under the new plan vulnerable to climate change, which (16% of the estimated 53,000 people in scientists linked to the increasingly extreme Group B, according to the government), it weather. On 21 September, the Dominican was believed that as few as 6,545 had had Republic ratified the UN Paris Agreement on their files approved by the authorities by the climate change. end of the year. The law required a two-year Allegations that several Dominican officials waiting period after the approval of the were bribed by the Brazilian construction registration for them to be able to formally company Odebrecht triggered massive request their naturalization as Dominicans. country-wide demonstrations against By the end of the year no one was known to corruption under the Green March have been naturalized under the new plan. movement. In September, the Inter-American Most of the individuals affected remained Commission on Human Rights (IACHR) held stateless in the absence of another nationality. rights and reports of impunity and corruption During the year, the authorities failed to discuss, design or implement new solutions In May, the UN Special Rapporteur on the to guarantee the right to nationality for the sale and sexual exploitation of children visited tens of thousands of Dominican-born people the country. She urged the government to put who could not benefit from Law 169-14, in child protection at the core of any tourism particular the remaining 84% of those in strategy. Group B, and all those who were left out of the scope of the 2014 legislation. Responding to this situation, in April the PERSONS IACHR incorporated the Dominican Republic The Dominican Republic continued to fail to in Chapter IV.B of its annual report that uphold its international human rights included countries in need of special human obligations with respect to the large number rights attention. of stateless people born in the country who By the end of the year, no public official had were retroactively and arbitrarily deprived of been held accountable for discriminatory their Dominican nationality in practices in granting registration and identity 1 documents, including for the 2013 mass Law 169-14, adopted in May 2014 to arbitrary deprivation of nationality. Affected address the statelessness crisis, continued to people continued to be denied a range of be poorly implemented. According to official human rights and were prevented from statistics, only 13,500 people of the so-called accessing higher education, formal employment or adequate health care, among official estimate of 61,000 individuals) were other things. able to access some sort of Dominican identity document proving their Dominican POLICE AND SECURITY FORCES nationality. In the meantime, many had their The Office of the Prosecutor General reported original birth certificates nullified and their 110 killings by security forces between new ones transferred to a separate civil January and October. The circumstances registry without the necessary measures in around many of the killings suggested that place to avoid further discrimination. they may have been unlawful. The homicide

Amnesty International Report 2017/18 149 rate remained high, at nearly 16 per 100,000 of killings of women and girls, compared with inhabitants during the first half of the year. the same period in 2016. The media reported allegations of the repeated use of unnecessary and excessive RIGHTS OF LESBIAN, GAY, BISEXUAL, force by the police during social protests. TRANSGENDER AND INTERSEX PEOPLE The Dominican Republic continued to lack legislation to combat hate crimes. In June, The authorities remained unable to process the body of a transgender woman, Rubi Mori, most of the cases of irregular migrants that was found dismembered in wasteland.4 By they received during the National the end of the year, no one had been brought Regularization Plan for Foreigners with to justice for her killing. Irregular Migration Status that operated between 2014 and 2015. As a result, in July 1. Dominican Republic: What does it take to solve a statelessness the authorities renewed for a further year the crisis? (News story, 23 May) 2. Dominican Republic: Vote against decriminalization of abortion, a registered individuals, allowing them to stay betrayal to women (Press release, 1 June) in the country. 3. República Dominicana: Amnistía Internacional y Oxfam llaman a Cámara de Diputados a garantizar derechos de las mujeres (AMR SEXUAL AND REPRODUCTIVE RIGHTS 27/6605/2017 rejects regressive abortion reform (AMR 27/6724/2017); Dominican The Dominican Republic remained one of the few countries worldwide that criminalized veto (AMR 27/5478/2017) abortion without exception. 4. Dominican Republic: Horrifying killing of transgender woman In May the Senate voted against a proposal, highlights need for protection against discrimination (News story, 6 supported by President Medina, to June) decriminalize abortion.2 On 11 July the Deputies, providing the possibility of future ECUADOR reforms that would protect the rights of women and girls.3 Republic of Ecuador In August, a petition was presented to the Head of state and government: Lenín Boltaire Moreno IACHR seeking justice and reparation for the Garcés (replaced Rafael Vicente Correa Delgado Almonte Hernández, publicly known as Indigenous leaders, human rights defenders restrictive legislation on abortion, Rosaura and staff of NGOs faced persecution and Almonte Hernández, who was seven weeks harassment amid continuing restrictions on pregnant, was denied life-saving treatment the rights to freedom of expression and for leukaemia for several days and died association. The right to free, prior and shortly after. informed consent of Indigenous Peoples An investigation published in August by continued to be restricted. The Bill to Prevent and Eliminate Violence against one woman died every two days in the Women was pending revision by the Dominican Republic during the first half of National Assembly. 2017 from pregnancy-related causes due to the lack of access to quality maternal health BACKGROUND services. On 24 May, Lenín Moreno Garcés became President. Shortly afterwards he called for a VIOLENCE AGAINST WOMEN AND GIRLS referendum and a popular consultation, to be According to official statistics, the first half of held in February 2018, for Ecuadorians to the year saw a 21% increase in the number decide on matters including the amendment

150 Amnesty International Report 2017/18 Tab 16 FREEDOM IN THE WORLD 2018 Dominican Republic 67 PARTLY FREE /100

Political Rights 26 /40

Civil Liberties 41 /60

LAST YEAR'S SCORE & STATUS 68 /100 Partly Free Global freedom statuses are calculated on a weighted scale. See the methodology. Overview

The Dominican Republic holds regular elections that are relatively free, though the most recent polls exposed deﬁciencies in the electoral framework that disadvantage less established parties. Pervasive corruption undermines state institutions, and discrimination against Dominicans of Haitian descent and Haitian migrants, as well as against LGBT (lesbian, gay, bisexual, and transgender) people, remains a serious problem. Key Developments in 2017

Electoral reform efforts dominated the legislative agenda in 2017, after the previous year’s polls exposed significant flaws in the electoral framework. Lawmakers debated, but ultimately failed to approve, a new electoral law and a law on political parties. A well-known lawyer was found murdered in October, and a police investigation indicated that he was killed as he was moving to expose a corruption scandal involving a Santo Domingo city agency. In May, the Senate upheld the criminalization of abortion, despite objections from civil society and President Danilo Medina. Political Rights A. Electoral Process

A1 0-4 pts

Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4

The president is both head of state and chief of government, and is elected to a four-year term. A 2015 constitutional amendment allowed the possibility of presidential reelection, and Medina, of the Dominican Liberation Party (PLD), won a second term in 2016.

Observers from the Organization of American States (OAS) monitored the presidential and concurrent legislative elections, and deemed them credible. However, they called for major reforms to guarantee equal access to party ﬁnancing, and noted “a high degree of unfairness in access to the media by the political parties in contention.” The mission also expressed concern about serious complications involving new electronic voting and vote-counting infrastructure; delays in tabulation resulted in the full ﬁnal results not being made public until 13 days after the elections. Six people were killed in election- related violence the Central Election Board (JCE) head claimed had erupted out of frustration with delays created by demands for manual vote-counting.

A2 0-4 pts

Were the current national legislative representatives elected through free and fair elections? 3 / 4

In the 2016 legislative elections, held concurrently with presidential elections, the ruling PLD captured 26 of the Senate’s 32 seats and 106 out of 190 seats of the Chamber of Deputies. The OAS observer mission, in its report on the presidential and legislative elections, deemed the polls credible, but called for major reforms to guarantee equal access to party ﬁnancing and media coverage, questioned the eﬃcacy of the new electronic voting and vote- counting infrastructure, and condemned the election-related violence.

A3 0-4 pts

Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management 3 / 4 bodies?

The 2016 general elections exposed serious problems with electoral infrastructure and the capacities of the JCE, with some saying the delays in vote-counting precipitated post-election violence. The polls also exposed irregularities in party ﬁnancing. Electoral reform has since been heavily debated in the legislature. In 2017, an amendment to the General Electoral Law and a separate bill on political parties were considered, though neither was passed.

B1 0-4 pts

Political parties are generally free to form and operate. However, under current electoral laws, smaller parties struggle to access to public ﬁnancing and secure equal media coverage, hampering their competitiveness.

B2 0-4 pts

Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4

The ability of smaller and emerging political parties to access public ﬁnancing and the media on equal terms with larger parties is restricted under the current electoral framework, making it diﬃcult for them to increase their support or power through elections.

B3 0-4 pts

People are generally free to exercise their political choices. However, a history of violent police responses to social and political demonstrations may deter political participation by some, and economic oligarchies and organized crime groups have some influence over the political sphere. Private donations to political parties are unlimited and unregulated, allowing wealthy donors significant influence over politics.

B4 0-4 pts

Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights 1 / 4 and electoral opportunities?

A 2013 Constitutional Court decision stripped Dominican-born descendants of Haitian migrants of their citizenship, and thus their right to vote.

Parity laws have led to a higher number of women in the legislature, but women lawmakers report that it is difficult for them to exert influence over their parties’ positions and to secure funding for political candidacies. A number of marches against gender-based violence have taken place recently, and while the problem generally affects women, a November 2017 march also drew hundreds of men. C. Functioning of Government

C1 0-4 pts

Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4

Government and legislative representatives are generally able to determine national policies in a free and unhindered manner. However, unequal party ﬁnancing and access to media helped tilt the ﬁeld in favor of larger parties in the 2016 elections.

C2 0-4 pts

Are safeguards against oﬃcial corruption strong and eﬀective? 2 / 4

Corruption remains a serious, systemic problem for the country at all levels of the government, judiciary, and security forces, as well as in the private sector. A U.S. Justice Department investigation into the Brazilian construction company Odebrecht, the results of which surfaced in December 2016— revealed that $92 million had been paid to public oﬃcials to obtain contracts for major infrastructure projects in the country during three consecutive governments. Several oﬃcials from previous administrations have been charged or linked to the investigations, and three in the current administration have been indicted—though sitting lawmakers enjoy immunity unless lawmakers vote to revoke it. The government has not responded to requests to establish an independent inquiry into these corruption allegations.

Separately, the body of Yuniol Ramírez, a well-known lawyer, was found submerged in a Santo Domingo creek in Santo Domingo in October, weighted with cinder blocks and with a gunshot wound to the head. A police investigation indicated that he was investigating acts of corruption in the procurement system of the Metropolitan Oﬃce of Bus Services (OMSA) before his killing. Two dozen arrest warrants were issued in response to the murder.

C3 0-4 pts

Does the government operate with openness and transparency? 2 / 4

Efforts to increase government transparency are ongoing, but implementation remains elusive. Although state agencies generally respond to information requests, they often provide inaccurate or incomplete information. Public officials are required to publicly disclose assets, but nongovernmental organizations (NGOs) have cast doubt upon the accuracy of these disclosures. Public contracting and purchasing processes are opaque and allow for high levels of corruption, as reflected in the Odebrecht scandal.

Score Change: The score declined from 3 to 2 because authorities’ continued failure to improve government transparency, particularly with regard to public contracting and purchasing processes, has permitted high levels of corruption. Civil Liberties D. Freedom of Expression and Belief

D1 0-4 pts

Are there free and independent media? 2 / 4

The law guarantees freedom of speech and of the press, but journalists risk intimidation and violence when investigating sensitive issues, particularly drug traﬃcking and corruption. In February 2017, two radio journalists were shot to death during a live broadcast. The assailant, who reportedly believed that land he had purchased has been appropriated and given to one of the hosts, killed himself during the police response to the attack.

D2 0-4 pts

Are individuals free to practice and express their religious faith or nonbelief in public and private? 4 / 4

Religious freedom is generally upheld, though the Catholic Church receives special privileges from the state.

D3 0-4 pts

Is there academic freedom, and is the educational system free from extensive political indoctrination? 4 / 4

Constitutional guarantees regarding academic freedom are generally observed.

D4 0-4 pts

Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

People are generally free to express personal views in public and privately without fear of retribution. E. Associational and Organizational Rights

E1 0-4 pts Is there freedom of assembly? 3 / 4

While past years have seen numerous instances of demonstrations being violently dispersed by police, demonstrations in 2017 were mostly peaceful. A number of large protests against government corruption were held during the year. Smaller demonstrations against the denationalization policies aﬀecting Dominicans of Haitian descent, and regarding the absolute prohibition of abortion, also took place in 2017.

E2 0-4 pts

Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related 4 / 4 work?

Freedom of association is constitutionally guaranteed, and the government respects the right to form civic groups.

E3 0-4 pts

Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

F1 0-4 pts

Is there an independent judiciary? 3 / 4

The judiciary is plagued by corruption and is susceptible to political pressure. Reports of selective prosecution and the improper dismissal of cases continue.

F2 0-4 pts

Does due process prevail in civil and criminal matters? 2 / 4

Corruption and politicization of the judiciary has signiﬁcant impact on due process, and strongly limits access to justice for people without resources or political connections. Corruption within law enforcement agencies remains a serious challenge.

F3 0-4 pts

Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

Murder and other violent crimes rates are high. Prisons are overcrowded. More than half of all people in the country’s prisons are pretrial detainees, some of whom spend as long as three years in detention. The National Human Rights Commission and NGOs report that security forces committed more than 100 extrajudicial killings in 2017, and that law enforcement agents continue to engage in torture in order to extract confessions from detainees.

F4 0-4 pts

Do laws, policies, and practices guarantee equal treatment of various segments of the population? 1 / 4

Dominicans of Haitian descent as well as Haitian migrants face persistent systematic discrimination, including obstacles in securing legal documents such as identification, birth certificates, and marriage licenses, and have difficulty registering their children as Dominican citizens. This lack of documentation makes it difficult for those affected to attend school and university, and obtain legal employment.

LGBT individuals suﬀer from violence and discrimination. They are still barred from working in certain public sectors, such as the police and armed forces. An antidiscrimination bill remains stalled in Congress, despite renewed calls from civil society to pass it after the body of a transgender woman was found dismembered in the town of Higüey in June 2017. G. Personal Autonomy and Individual Rights

G1 0-4 pts Do individuals enjoy freedom of movement, including the ability to / 4 change their place of residence, employment, or education? 2

While citizens are generally free to move around the country, there have been reports of instances in which foreigners were deported before they had a chance to collect their documentation to present to police. Asylum seekers and refugees must pay a fee to gain travel documents.

Separately, the prevalence of drive-by robberies can prompt some reluctance to move about freely, particularly at night.

G2 0-4 pts

Are individuals able to exercise the right to own property and establish private businesses without undue interference from state 3 / 4 or nonstate actors?

Private business activity remains susceptible to undue inﬂuence by organized crime and corrupt oﬃcials.

G3 0-4 pts

Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic 2 / 4 violence, and control over appearance?

Violence and discrimination against women remains pervasive. Poor medical care has left the country with one of the highest maternal mortality rates in the region. After a 2014 law decriminalizing abortion in some situations was struck down in 2015 by the Constitutional Court, a complete ban on abortion was eﬀectively reinstated.

In May 2017, the Senate rejected proposed amendments recommended by Medina that would have decriminalized abortion when the life of the mother is endangered or in cases of incest, rape, or fetal impairment. The House in July voted against the Senate’s rejection, thus setting the stage for another legislative vote on the issue.

G4 0-4 pts

Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

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@2021 FreedomHouse Tab 17 AMERICAS LGBTI RIGHTS NEWS

Dominican Republic: Horrifying killing of transgender woman highlights need for protection against discrimination

6 June 2017, 16:44 UTC

“The grotesque killing of Jessica Rubi Mori is a tragic reminder that the Dominican authorities need to take bolder steps to eradicate discrimination, including that based on gender identity and sexual orientation,” said Erika Guevara-Rosas, Americas Director for Amnesty International.

“ The grotesque killing of Jessica Rubi Mori is a tragic reminder that the Dominican authorities need to take bolder steps to eradicate discrimination, including that based on gender identity and sexual orientation ”

Erika Guevara-Rosas, Americas Director at Amnesty International

The body of Jessica Rubi Mori (whose legal name was Elvis Guerrero) a transgender sex worker and activist with community organization Este Amor (This Love), was found on 3 June 2017 in the eastern Dominican municipality of Higüey. Her body was found dismembered in a wasteland. According to news reports one suspect has been placed under arrest.

According to Cristian King, Executive Director of TRANSSA – Trans Siempre Amigas (Trans Always Friends), only four people have so far been convicted for the 38 cases of killings of transgender women that the organization has documented since 2006. King told Amnesty International his organization has been working closely with the Human Rights Unit of the Ofﬁce of the Attorney General on recent cases.

Several weeks ago, a 20-year-long sentence was given for the killing of another transgender woman, Kimberly Sody, in 2014.

Dominican LGBTI-led organizations have long called for a Gender Identity Law to protect the rights of transgender people. A proposal for an Anti-Discrimination Law was drafted last year seeking to address entrenched and historical discrimination affecting many groups in the country, in particular based on gender identity, sexual orientation, ethnicity, amongst other categories. The proposal is yet to be tabled in Parliament.

“The Dominican authorities must continue to work with civil society groups to bring effect to these proposals. This crime must be investigated independently and impartially. Authorities must take all steps to unmask any potentially discriminatory motive in the crime.”

According to a study by the Caribbean Vulnerable Communities Coalition (CVC), published in 2012, in the Dominican Republic less than 35 percent of transgender women sex workers have completed secondary school. As they are pushed away from education, many become involved in transactional sex as early as 16. This early social exclusion leads to poverty and more violence. Transgender people are often pushed into criminalized work, such as sex work, which further exposes them to police abuse and arbitrary detentions.

The same study found that 80 percent of transgender sex workers felt they were more discriminated against for being trans than for being a sex worker. More than 35 percent of transgender sex workers had experienced physical violence walking on the street, more than 40 percent had suffered physical violence by clients, and more than 20 percent, physical violence by a partner. Eighty percent had been arrested or detained at least once, and 36 percent had exchanged sex with police ofﬁcers to avoid being arrested.

Topics

AMERICAS DOMINICAN REPUBLIC LGBTI RIGHTS DISCRIMINATION Tab 18

AMNESTY INTERNATIONAL

First published in 2017 by Except where otherwise noted, This report documents Amnesty Amnesty International Ltd content in this document is Peter Benenson House, licensed under a Creative concerns through 2016. 1, Easton Street, Commons (attribution, non- The absence of an entry in this London WC1X 0DW commercial, no derivatives, report on a particular country or United Kingdom international 4.0) licence. territory does not imply that no https://creativecommons.org/ © Amnesty International 2017 human rights violations of licenses/by-nc-nd/4.0/legalcode concern to Amnesty International Index: POL 10/4800/2017 For more information please visit have taken place there during ISBN: 978-0-86210-496-2 the permissions page on our the year. Nor is the length of a website: www.amnesty.org country entry any basis for a A catalogue record for this book comparison of the extent and is available from the British amnesty.org Library. concerns in a country. Original language: English

ii Amnesty International Report 2016/17 iv Amnesty International Report 2016/17 In June, the government introduced Code and about police powers to intercept communications which may result in mass regime, which applied to individuals it surveillance. The Committee urged the excluded from protection because they had government to conduct a comprehensive committed a felony in Denmark or were review of its counter-terrorism powers to believed to have committed war crimes or ensure compliance with international human non-political crimes elsewhere, but who rights law. could not be deported to their country of origin as they faced a real risk of human rights violations there. The government In August, the Eastern High Court ruled admissible a civil damages lawsuit brought against the Ministry of Defence by 11 Iraqi included compulsory overnight stay at nationals. They alleged they were tortured by Kærshovedgård centre, about 300km outside Iraqi soldiers during a military operation run Copenhagen, to separate individuals from by Danish soldiers in Basra, Iraq, in 2004. A their families. Those who breached their substantive hearing was expected to take place in 2017. custodial sentences in regular prisons. At the In October, the government deferred DOMINICAN implementing the agreement with UNHCR REPUBLIC resettlement from refugee camps around Dominican Republic Head of state and government: Danilo Medina Sánchez PEOPLE A law to reform the police finally entered Procedural rules set by the Danish Health into force. A reform to the Criminal Code Authority on access to hormone treatment that maintained the criminalization of and gender-affirming surgery unreasonably abortion in almost all circumstances was prolonged the gender recognition process for approved by Congress. Many people transgender people. The tests and remained stateless. Consultations were held questionnaires required focused on sexual on a draft anti-discrimination bill. conduct which many transgender people reported finding humiliating. Only one clinic BACKGROUND was authorized to prescribe hormone Legislative, presidential and local elections treatment to transgender people. The Health were held in May. Danilo Medina of the ruling Dominican Liberation Party (PLD) affirming treatment were under review at the was re-elected as President. The PLD end of the year. maintained its control over the two chambers In May, the Parliament adopted a of Congress. A number of openly lesbian, landmark resolution to end the gay, bisexual, transgender and intersex pathologization of transgender identities as a (LGBTI) candidates ran for seats in legislative and local elections to increase their political visibility and participation. COUNTER-TERROR AND SECURITY In January the Dominican Republic took In August, the UN Human Rights Committee over the presidency of the Community of Latin American and Caribbean States. The broad definition of terrorism in the Criminal General Assembly of the Organization of

142 Amnesty International Report 2016/17 American States (OAS) was held in Santo safeguards against arbitrary deportations. For Domingo, the capital, in June. example, the authorities failed to serve New members were appointed to the deportation orders or to provide mechanisms Central Electoral Board, the institution in allowing people who had been brought to detention charge of the civil registry that has centres and deported to challenge the legality, necessity and proportionality of documents for Dominicans of Haitian detention as well as the deportation itself.1 descent. The government failed to finalize and implement a draft National Human Rights PERSONS Plan after consulting in 2015 with human In February the Inter-American Commission rights organizations. on Human Rights published a report on the A comprehensive anti-discrimination bill situation of human rights in the Dominican was drafted and shared for consultation with various sectors of society. If adopted, it completely corrected after the measures adopted by the Dominican State, is of a Tens of thousands of people were magnitude never before seen in the displaced due to massive flooding in October and November affecting large areas of the From August 2015 to July 2016, UNHCR, north of the country. the UN refugee agency, verified 1,881 cases of Dominican-born individuals who had POLICE AND SECURITY FORCES arrived in Haiti, voluntarily or following The Office of the Prosecutor General reported expulsions, and who were stateless or at risk 74 killings by security forces between of statelessness. Contrary to international law, January and June, representing nearly 10% a number of Dominican-born individuals of all killings in the country. Many killings were expelled from the Dominican Republic took place in circumstances suggesting that they may have been unlawful. authorities continuously failed to After years of discussion, a new law on acknowledge. police reform (Law 590-16) was passed Despite measures adopted by the government in 2014, tens of thousands of people, mainly of Haitian descent, remained stateless by the end of 2016.2 No steps were The authorities continued to deport taken to find any solution for Dominican-born significant numbers of people of Haitian people of foreign descent whose birth had origin, including Haitian migrants and their never been registered in the Dominican Civil families. According to the International Organization for Migration, the authorities could not apply for the naturalization plan deported more than 40,000 persons to Haiti provided by Law 169-14.3 between January and September, while nearly 50,000 more individuals HUMAN RIGHTS DEFENDERS In September, lawyer and human rights in some cases following threats or for fear of defender Genaro Rincón Mieses was verbally violent deportations. More than 1,200 and physically assaulted in the capital, Santo presumed unaccompanied children were Domingo, for his work in protecting the rights identified at the Dominican-Haitian border. of Dominicans of Haitian descent.4 The Despite some improvements in the way attack took place in a context of increased deportations were carried out by officials, the reports of threats, insults and intimidation authorities failed to fully respect international against human rights defenders combating

Amnesty International Report 2016/17 143 statelessness. No one had been held 5. Dominican Republic: President Medina must stop a regressive reform accountable for the attack by the end of News story, 15 December) SEXUAL AND REPRODUCTIVE RIGHTS ECUADOR In December, Congress approved a new version of the Criminal Code, after many Republic of Ecuador years of discussion.5 The reform maintained Head of state and government: Rafael Vicente Correa the criminalization of abortion while providing Delgado for one restrictive exception, whereby abortion would be decriminalized where the Critics of the authorities, including human pregnancy posed a risk to the life of a rights defenders, faced prosecution, harassment and intimidation; the rights to attempts had been made to save both the freedom of expression and of association were restricted. The right to free, prior and rights groups raised concerns that the informed consent relating to development exception would make it impossible in projects which adversely affected practice for women and girls whose lives livelihoods, was denied to Indigenous were at risk to access abortion services. Peoples. VIOLENCE AGAINST WOMEN AND GIRLS BACKGROUND According to official statistics, the first six The UN Human Rights Committee expressed months of the year saw a 2% increase in the concerns about violations of the ICCPR number of killings of women and girls, including: the repeated use by police of force compared with the same period in 2015. against peaceful demonstrations; legal By May the number of complaints received provisions which threatened the rights to by the authorities for acts of sexual violence freedom of association and assembly; delays had increased by nearly 10% compared with to legislative reform to allow adequate the same period in 2015. consultation with Indigenous Peoples and Parliament had yet to adopt a Nationalities and other communities. It comprehensive law to prevent and address recommended that increased efforts be violence against women that had been made to end discrimination against lesbian, approved by the Senate in 2012. gay, bisexual, transgender and intersex (LGBTI) people, and that violence against RIGHTS OF LESBIAN, GAY, BISEXUAL, women and sexual violence in schools TRANSGENDER AND INTERSEX PEOPLE Civil society organizations continued to report hate crimes against LGBTI people, FREEDOMS OF EXPRESSION In April, Indigenous Peoples leaders appeared before the Inter-American 1. AMR 36/4105/2016) Commission on Human Rights and 2. condemned restrictions on their right to Republic (AMR 27/2755/2015) freedom of association. 3. In September, the authorities dissolved the career (News story, 4 February); Dominican Republic: 50,000 people National Union of Teachers (UNE), on Press release, 20 grounds that it had not registered its September) executive board with the authorities. 4. Dominican Republic: Defender combatting statelessness attacked: In December, the Interior Ministry filed a Genaro Rincon (AMR 27/4901/2016) complaint against the Ecological Action

144 Amnesty International Report 2016/17 Tab 19 'I Dream of a Queer Future.' A Conversation Between Two Activists on International Transgender Day of Visibility

To mark International Transgender Day of Visibility, Amnesty International asked two activists, Mehlab Jameel from Pakistan, and Nairovi Castillo from the Dominican Republic, to share their stories Mehlab Jameel; Nairovi Castillo—Amnesty International

IDEAS BY AMNESTY INTERNATIONAL MARCH 31, 2019 5:00 AM EDT o mark International Transgender Day of Visibility, Amnesty T International asked two activists from the Dominican Republic and Pakistan to share stories of the struggles they have faced.

Nairovi Castillo is executive director of the Community of Dominican Trans and Transvestite Sex Workers (COTRAVETD), an organization she co-founded in 2004.

Mehlab Jameel, 26, is a researcher and community educator who helped draft Pakistan’s landmark 2018 Transgender Persons Act — one of the most progressive laws of its kind in the world.

The discussion between them is a mark of how solidarity can bring immense comfort and strength in challenging circumstances.

Amnesty: Tell us about your upbringing.

Nairovi: I had a terrible childhood. I realized that I was a woman when I was still young, but my family never accepted it. When I was 13, they threw me out because of my sexual orientation. I started sleeping rough on the streets of Santo Domingo and taking psychoactive substances. The transitioning process to become a trans woman was very hard for me.

Mehlab: I was born in a small town in the Punjab province, and spent most of my life there until life became impossible and I moved to a metropolis to pursue higher education. Today, I work for a community-led organization HOPE (Have Only Positive Expectations) that advocates for the rights of gender and sexual minorities in Pakistan. A typical day for me involves thwarting the gender binary, defying patriarchy, plotting to overthrow capitalism and drinking lots of chai. You know, the usual things – nothing extraordinary.

What has been your greatest challenge so far?

Nairovi Castillo: The most difﬁcult thing was gaining social acceptance. People called me a “faggot” for dressing as a woman. Many trans people have no choice but to engage in sex work to support ourselves. There are no job opportunities for us in the formal sector. I started working on my own, without a pimp, but, like all of us, I faced a lot of danger. I was stopped by the police almost every day. They beat me, they took my money and forced me to have oral sex with them. When I take off my clothes, I uncover all the scars of the ill treatment I’ve suffered. I can tell you the exact time and date I got each scar.

Mehlab Jameel: Trans people, especially from the part of the world where I am from, are always cast as hapless victims. People are so interested in learning about all the ways that we are oppressed, but not interested in challenging the systems that are oppressing us. It’s not that we do not face this violence every single day; it’s that we never get to speak about it on our own terms even within the narratives that are about us. Tell us about the moment you chose to defy the status quo.

Nairovi: I was 29 when I became an activist. I saw how an organization called the Movement of United Women here in the Dominican Republic were supporting women sex workers who suffered from situations of violence, arrests, or HIV and I thought, ‘We need to do something like this.’ At that time, there was no organization that looked out for trans people here. We saw that we needed to organize ourselves as a group of sex workers because we have a lot of needs that are denied. So, in 2004, we founded COTRAVETD.

Mehlab: I think I have several of those moments within the span of a single day. It is only alongside others that one can ﬁght for change. Our organizing work is not centered around an alienating and individualistic framework of rights, but instead focuses on demanding justice for the people – for us. As Angela Davis says, “It is in collectivities that we ﬁnd reservoirs of hope and optimism.” What is your greatest achievement?

Nairovi: Leading COTRAVETD. We carry out educational work so that the girls know their rights, and we hold workshops to raise awareness and train the military and police to stop abusing us. For me, going from being a trans sex worker who used to take drugs, to becoming the director of this organization and overcoming substance abuse — that’s a big achievement.

Mehlab: More than success, I ﬁnd myself being curious about all the ways that I fail: failure to live happily in a patriarchal family, failure to make my trans-ness and its agendas comprehensible for a right- wing government. I am interested in my failure to ﬁnd comfort in a society that constantly dehumanizes me and my very existence. My failures teach me something new every day about the violent nature of the society that I try to survive in, and the structures upholding that violence that I resist against.

Nairovi: In the Dominican Republic we need a gender identity law, so that we can have ofﬁcial documents that reﬂect our names and gender identities. We also urgently need an anti-discrimination law to ensure that the authorities protect us. So, Mehlab, how did you achieve this beautiful objective?

Mehlab: It was a collective effort. The Transgender Persons Act, among other things, allows people the right of self-determination of their gender identity and expression, and protection from discrimination. Our team consisted of lawyers, activists and researchers who worked tirelessly to ensure that the Bill before Parliament represented the demands of the community, especially those who are most economically marginalized and vulnerable to violence. It was difﬁcult to break down barriers and gain access because the legislative process in Pakistan, as you can imagine, is a very exclusionary and elitist affair. The Act owes its victory to the brave trans warriors who fought against police brutality and gang violence all their lives.

Do you have a message for other trans people around the world?

Nairovi: We must keep ﬁghting to end exclusion, stigmatization and discrimination, because social exclusion leads to the violations of our human rights. We can raise our voices and inﬂuence decision makers and force them to listen to us. We must empower ourselves and make people call us by our chosen names.

Mehlab: We carry society’s shame in every curve and crevice of our body, we are punished for being born into our beautiful bodies and demanding to make our own decisions about them. Our mere existence is marked with violence, erasure and hatred. There’s enough pain in our lives already, so don’t do it yourself. Be kind to yourself and those around you. Build a culture of care. And organize collectively for change.

What is your greatest dream for the future?

Nairovi: My dream for the future is to pass a gender identity law in my country and to establish a trans care home for elderly trans people, those who have no place to go, and those who live with HIV and have been rejected by their families. I want trans people to have other employment opportunities so that they don’t just have to be sex workers. This is my dream.

Mehlab: I dream of a queer future. It’s important to build a strong political culture in our movements that addresses the systemic roots of oppression affecting the people – not just trans people. It means so much to hear from a trans sister ﬁghting a similar battle in a different part of the world. I would love to talk more about building transnational solidarity that can allow us to learn more from each other’s struggles. Such radical sisterhood beyond borders is what gives me hope for the future. I am incredibly inspired and touched to hear about the work you are doing. You are brilliant and a ray of hope for your community and I give you all my prayers and best wishes for your endeavors. More power to you!

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For Transgender People in the Caribbean, Stigma and Discrimination Can Be Lethal But one human rights organization is making a difference in the face of rising public hostility

Michaela Cavanagh Dec 7, 2018 · 8 min read Nairovi Castillo. Photo courtesy of Michaela Cavanagh

hen HIV-positive transgender activist Nairovi Castillo goes W to her local clinic in Santo Domingo, Dominican Republic, she’s insulted, misgendered, or ignored by everyone from the doorman to the receptionist to the doctors. “Nobody is asking what your situation is, what medications you’re taking, or if you have any allergies,” she says. “The staG won’t look at you, and they’re afraid to talk to you.”

Nobody needs to tell Castillo that stigma and discrimination can be lethal for LGBT people. As the director of COTRAVETD, an organization that works with trans sex workers in the Dominican Republic, Castillo has seen Prsthand the damage it can wreak, especially for people living with HIV. She knows of four trans women who died of HIV this year alone. “We had to bring the last woman who died to the hospital ourselves, because when we called 911, emergency services refused to enter her house and bring her to the hospital by ambulance because she was trans,” she says. “When we Pnally got her to the hospital, she died from lack of treatment.”

Roughly 1.2 percent of the Caribbean population is living with HIV/AIDS — the second-most aGected region after sub-Saharan Africa. For transgender women, HIV prevalence is thought to be 49 times higher than the general population. In both the United States and the Caribbean, transgender women are disproportionately at risk for HIV, but in the Caribbean there’s a dearth of data on HIV rates in LGBT people, precisely because they’re so stigmatized that they’re driven underground, making them diZcult to count.

Christian King is the director of Trans Siempre Amigas (TRANSSA), an organization that defends the rights of transgender people in the Dominican Republic. He says that homophobia and transphobia not only prevent transgender women from accessing life-saving HIV treatment but also abet a “near-complete exclusion” from society, making it practically impossible to keep an apartment, get an education, or hold down a job.

“When a trans woman goes to apply for a job, they don’t look at her résumé. They look at her ID card and ask, ‘You’re a man, so why aren’t you wearing men’s clothes?’” Castillo says. One industry that doesn’t require a résumé is sex work, something Castillo turned to after she was kicked out of her parents’ house at the age of 13 for being trans. “I had to sleep on the streets,” she says. “The police would routinely throw me in prison, steal my money, tear out my wig, and beat me, all for the fact of being a trans person. I still have scars on my body from what the police did to me when I was practicing sex work.”

The relationship between sex workers and the police is delicate, King says, because often the police are the ones perpetrating the abuses — from arbitrary arrests to robberies to sexual exploitation. “Here, there are lots of laws, but they’re not enforced,” Castillo says. “The same people who are supposed to be the ones enforcing the laws are the ones who are breaking them.”

or trans people and activists in the United States, the F Dominican Republic gives a terrifying glimpse into a life where federal authorities don’t recognize transgender people. Since his administration took oZce, in January 2017, President Donald Trump has begun to systematically chip away at the rights of the 1.4 million transgender people in the United States, including an October 2018 proposal limiting the dePnition of a person’s sex to what was recorded on their birth certiPcate.

Trump has reversed a number of Obama’s pro-trans executive orders, like the rule that prevented medical practitioners from discriminating against transgender people. He has attempted to ban trans people from the military, and in the 2020 census, LGBT people in the United States will not be counted unless they’re in a relationship. All the while, the number of transgender women killed in the United States continues to rise. In the Dominican Republic, 45 trans women, many of them sex workers, have been killed since 2006. This year, three trans women have been murdered. One 13-year-old who identiPed as a trans girl was found raped, beaten, and strangled with a bedsheet. In another case, a sex worker of Haitian descent was found on the side of the road, gruesomely beaten and with a fatal head injury. “Considering we’re a small country with a population of 11 million, and the LGBT community is somewhere between 6 and 10 percent of the population, it’s really alarming,” King says.

Activists in LGBT communities from the Dominican Republic to Guyana know that while stigma and discrimination are dangerous in their own right, when prejudice is state-sanctioned, it rapidly becomes a public health hazard.

Yet tackling prejudice and transphobia does not have to begin with cutting-edge, million-dollar campaigns — one regional coalition is seeing results with a simple database.

RANSSA’s in-house human rights observatory has been T documenting hate crimes against transgender women since 2006. It has become clear to King and his colleagues that the burden of documentation and seeking redress falls squarely and exclusively on their shoulders. Police and federal authorities rarely take violations against LGBT people seriously, allowing attackers to act with impunity. “When the police abuse trans women, the women are afraid of reporting, because often when you go to the police, the person you’re accusing is one of their colleagues,” King says. The media often won’t report hate crimes or will euphemize the violation by calling it a crime of passion or a domestic dispute between “two gays.”

This pattern repeats itself across the Caribbean. Much of the region still has laws against buggery and gross indecency that prohibit same- sex conduct. Lethal hate crimes against transgender people are just the more extreme end of stigma and discrimination that permeate police stations, hospitals, schools, and people’s homes.

But if Caribbean states refuse to protect the rights of their most vulnerable citizens, human rights defenders are compelled to take matters into their own hands. Out of a number of grassroots documentation eGorts in the Dominican Republic and Jamaica, the region’s Prst human rights monitoring platform was born. Launched by Caribbean Vulnerable Communities (CVC), a coalition of civil society organizations in 2016, the Caribbean Civil Society Shared Incident Database (SID) is a coordinated, standardized online reporting tool for community organizations across the region.

The project supports victims of attacks through access to paralegals, but it’s also building a solid record of violations from country to country and providing evidence for advocates. Carolyn Gomes, MD, the former executive director of CVC who spearheaded the development of the database, says the idea came out her Prst year working with the organization. “People were coming to me and telling me that all these abuses were happening,” she says. “But without any documentation to back up interventions, it became that much easier for authorities to say to people, ‘Oh, no, that’s just one person,’ or ‘This doesn’t really happen as a pattern.’ So documentation became critical.”

“The very act of telling their story and having somebody listen and document it can sometimes be enough,” Gomes says. “To tell their story and have it believed.”

Thirty civil society organizations (CSOs) that work with LGBT people, sex workers, and people living with HIV in 10 Caribbean countries — Jamaica, Guyana, the Dominican Republic, and Haiti among them — have used the database to document more than 1,400 violations in their communities, which historically have been hard to access in terms of HIV research and outreach. Violations run from hate crimes and physical violence to verbal abuse and being denied access to public spaces. After documenting the violation, the client decides if they want to press charges, ask for an apology, or just let it be recorded. “Often, in the absence of the desire or ability to move forward with the case, the very act of telling their story and having somebody listen and document it can sometimes be enough,” Gomes says. “To tell their story and have it believed.” John Waters, MD, program manager at the CVC, recounts the story of being in a meeting with Kouraj, a Haitian NGO, when a man came rushing into the oZce with a bloody head wound. The NGO was able to refer the person to a clinic, Waters says, “But in a situation like that, you realize that for these grassroots organizations, documenting events such as that one is often of little consolation.”

In the past, when Caribbean NGOs would make presentations to international human rights bodies, most of the information on violence perpetrated against transgender women was anecdotal — transgender women would testify with their personal stories, but oGering up actual numbers was diZcult, which would make their experiences easier to cast aside. “Essentially, governments would deny that these things were happening,” Waters says.

A breakthrough moment came when organizations in the Dominican Republic wrote a report that documented a signiPcant number of cases of transgender violence and presented it to the Inter-American Commission on Human Rights (IACHR). “It was hard data, and so it wasn’t so easy for the government representatives to dismiss it,” Waters says. “I think that’s when, at least in the Dominican Republic, there was a real recognition amongst NGOs that going through the eGort of documentation can be worthwhile,” he says.

Documentation eGorts like the SID database make it easier to pick up patterns — related to numbers, but also related to perpetrators and sites of abuse — that would keep transgender women from dying of HIV because EMTs don’t want to enter a transgender person’s home. “If you can pick up a pattern of abuse at a particular clinic and document it adequately, you can take it to the responsible authorities to make a change,” Gomes says. “And if they don’t make a change, then you go to the next level and the next level.”

Advocates like Castillo and King have reason to be hopeful. King says their presentation at the IACHR sparked a roundtable dialogue with the state dedicated to developing human rights policies focused on transgender people. “There wasn’t a strong political will for the cases of transgender killings to be resolved,” King says. “But in the last few years, and thanks to the documentation we’ve been doing, we’ve seen that the cases are being treated diGerently — they’re being processed properly.”

Now, out of the 45 cases of killings of transgender women in the Dominican Republic, King says, there have been Pve convictions.

Documenting human rights violations not only holds authorities and decision-makers to account, but it also has the potential to empower the communities that are most vulnerable to HIV, like transgender women, who have been driven underground.

“When you’re treated so badly by society, you don’t have any self- esteem, and you think that what people say about you is true. You don’t think that you’re deserving of any rights,” King says. “A lot of my colleagues feel that way. Despite all our eGorts, it’s not changed completely yet, but we’re on the right path.” For transgender people in the Caribbean, there is strength in numbers — and to document the ways society has erased you is to stand up and be counted.

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Get the Medium app Tab 21 Killing of transgender woman in Dominican Republic highlights need for protection against discrimination

June 8, 2017

The horrifying killing of a transgender woman in the Dominican Republic – the second such killing this year and 38th since 2006 – highlights the extreme violence faced by many transgender women in the country and the need for strengthened legal protection for discriminated groups, said Amnesty International. “The grotesque killing of Jessica Rubi Mori is a tragic reminder that the Dominican authorities need to take bolder steps to eradicate discrimination, including that based on gender identity and sexual orientation,” said Erika Guevara-Rosas, Americas director for Amnesty International.

According to Cristian King, executive director of TRANSSA – Trans Siempre Amigas (Trans Always Friends), only four people have so far been convicted for the 38 cases of killings of transgender women that the organization has documented since 2006. King told Amnesty International his organization has been working closely with the Human Rights Unit of the Ofﬁce of the Attorney General on recent cases.

Several weeks ago, a 20-year-long sentence was given for the killing of another transgender woman, Kimberly Sody, in 2014.

Dominican LGBTI-led organizations have long called for a gender identity law to protect the rights of transgender people. A proposal for an anti- discrimination law was drafted last year seeking to address entrenched and historical discrimination affecting many groups in the country, in particular based on gender identity, sexual orientation, ethnicity, amongst other categories. The proposal is yet to be tabled in Parliament.

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Va. He Reports indicate a ga man was killed this week at a beachfront hotel in the Dominican Deeae caddae Republic. deed a- aede ce Yimbert Feli of Voluntariado GLBT Dominicano, a Dominican LGBT advocac group, wrote on his Facebook page that police found Pego Alberto Jimne de la Crus bod at the Grand Bahia Principe Bvaro near the cit Punta Cana on Wednesda.

Jimne, 41, lived in Ysica Arriba in the province of Puerto Plata. Naa Caab Jimnes bod reportedl showed signs that he had been strangled to death. Media reports Fea de- also indicate that police have speculated a suspected lover who was jealous killed Jimne. e

Punta Cana is roughl 125 miles east of the Dominican capital of Santo Domingo.

Oca c LGBT Dca h://.ahgbade.c/2016/12/17/he-de-a-cce-ag-dca-gb-ac/?__cf_ch_ch___=ae09fbb2996b8ec2d60ada25dd41 1/3 4/14/2021 He de a cce ag Dca LGBT ac Feli told the Washington Blade that Jimnes murder is the latest in a series of events that Md. Geea have sparked concern among the local LGBT communit. Aeb ad ae a ac deee, ae He said ocers with the Dominican National Police in September arrested more than a cae b doen transgender sex workers and their clients in the cit of La Romana. Feli told the Blade the arrests took place after Evangelical churches complained the were disturbing public order.

Casa de Campo, an exclusive resort that is popular with celebrities, is located a few Ce de aec miles east of La Romana. ea a a cdad LGBTQ Ga U.S. Ambassador to the Dominican e B eab Republic James Wall Brewster is among those who criticied the Oct. 4 arrest of more than a doen oung people who were gathered in a Santo Domingo park that is popular with LGBT Dominicans.

Feli told the Blade that his group in 2015 documented at least ve cases of police mistreating trans women. He said authorities concluded a trans woman who was stabbed and run over b a car was the victim of a car accident.

We once again call upon the Attorne General (Jean Alain Rodrgue) and the National Police to respect the fundamental and constitutional rights of GLBT people, said Voluntariado GLBT Dominicano in a statement it released after authorities found Jimnes bod.

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Mca K. La Michael K. Lavers is the international news editor of the Washington Blade. Follow Michael //

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U.S. Ambaado o he Dominican Reblic Jame Wall Bee ha ged Dominican ocial o ineigae he ae of moe han o doen eole a a Sano Domingo ak ha i a ola gaheing lace fo he Dominican caial LGBT commni. (Wahingon Blade hoo b Michael K. Lae) Caa Rb aea f f e Ga U.S. Ambassador to the Dominican Republic James Wall Brewster has called for an bidig fig investigation into the arrest of oung people who were gathered in a park in the countrs add die capital that is popular with LGBT Dominicans.

Acento, an online Dominican newspaper, reported ocers with the Dominican National Police placed several oung people who were in Parque Duarte in Santo Domingos Colonial Zone on Sunda night into the back of a truck. Lbbig i ab A YouTube video shows the truck driving awa from the park. e, ic

A woman who is talking in the clip said the oung people were arrested for no reason. She also said police ocers told onlookers, Nobod has to give ou an eplanation about what is happening.

WLLAM KENTRDGE Ehibition @ galler neptune & brown https://.ashingtonblade.com/2016/10/04/ambassador-rges-dominican-ofcials-inestigate-park-arrests/ 1/3 4/5/2021 Ambassador rges Dominican ofcials to inestigate park arrests

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Cristian Ramre, a Dominican LGBT rights activist, told the Washington Blade that more SGN UP FOR BLADE EBLASTS than 25 people were arrested without eplanation. Rosanna Maran, director of Diversidad Dominicana, an LGBT advocac group, said most of those who were taken into custod were oung men who were ver obviousl ga or black. Subscribe

email address t is a situation that is ver unfortunate, she said.

Subscribe Yimbert Feli, another Dominican LGBT rights activist, told the Blade from Santo Domingo that 15 people were arrested on Sunda.

Feli said authorities released some of those who were taken into custod a few hours later after he and other activists pressured them. He told the Blade that others paid a bribe of FOLLOW US roughl $11. Wahg Bade The National Police has not said what the motive or reason was, said Feli. Everthing 89,251 e points to the fact that the were ga. ts that simple.

Brewster told the Blade the U.S. Embass has been working with the National Police, the Dominican tourist police known b the Spanish acronm CESTUR and the oces of Like Page Sg U Dominican Attorne General Jean Alain Rodrgue and Santo Domingo Maor David Collado to investigate the circumstances that led to the arrests.

We will push for action against anone public or private who violated the human rights of an individuals who were targeted for no cause, said Brewster. We will epect the government of the Dominican Republic to take immediate actions against those responsible.

Ramre told the Blade he has heard the arrests are part of an eort to remove gas from the area that will continue through the end of the ear. He said authorities have said nothing.

The National Police, CESTUR and Collados oce have not returned the Blades request for comment.

H P Parque Duarte remains a de facto LGBT communit center. Hundreds of LGBT people gather in the park on Frida and Saturda nights.

Nicols de Jess Lpe Rodrgue, the former cardinal of the Archdiocese of Santo Domingo who has repeatedl used anti-ga slurs to describe Brewster, in 2010 said homoseuals, prostitutes and drug users have invaded the park that is across the street from a church. Brewster and his husband, Bob Satawake, were among the hundreds of people who attended a candlelight vigil in Parque Duarte that paid tribute to the victims of the Pulse nightclub massacre in Orlando, Fla.

Pae Dae in Sano Domingo Colonial Ci emain a de faco commni cene fo he Dominican LGBT commni. (Wahingon Blade hoo b Michael K. Lae) https://.ashingtonblade.com/2016/10/04/ambassador-rges-dominican-ofcials-inestigate-park-arrests/ 2/3 4/5/2021 Ambassador rges Dominican ofcials to inestigate park arrests

BSEXUAL BOB SATAWAKE CRSTAN RAMREZ DOMNCAN REPUBLC GAY

JAMES "WALLY" BREWSTER LESBAN PARQUE DUARTE ROSANNA MARZAN TRANSGENDER

M K. L Michael K. Lavers is the international news editor of the Washington Blade. Follow Michael

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https://.ashingtonblade.com/2016/10/04/ambassador-rges-dominican-ofcials-inestigate-park-arrests/ 3/3 Tab 24 !

Web Exclusive A Shaken Dominican LGBT Movement Finds Strength A!er Orlando

BY BRENDAN O’BOYLE JULY 13, 2016

LGBT activists in the Dominican Republic aren’t backing down in the face of discrimination.

Fran Afonso

The Dominican Republic’s lesbian, gay, bisexual, and transgender (LGBT) community was shaken after the nightclub shooting in Orlando a month ago. At least four victims were from that small country, and the attack underscored the discrimination many LGBT activists feel in their own, largely conservative society. In a particularly ill-timed display of opposition to LGBT equality, hundreds marched in the capital of Santo Domingo against same-sex marriage on the day after the attack. But a community of LGBT activists has been emboldened in recent years. Deivis Ventura, an activist who in May ran to become his country’s first openly gay congressman and provide a voice for LGBT people in Dominican politics, told AQ that LGBT Dominicans don’t have much in the way of government support. “The government stays silent on our issues, which is very dangerous,” he said. Earlier this month, Ventura and other organizers sensed anxiety among members of their community in the run up to Santo Domingo’s 9th annual LGBT Pride march on July 3. “There was a lot of fear after what happened in Orlando, and we saw a lot of hate comments toward the community on social media,” Cristian Ramírez, a volunteer coordinator for the LGBT advocacy group Amigos Siempre Amigos, told AQ. But participants rose above the fear, and Ventura estimated that upwards of 10,000 people attended this year’s march – a far cry from the five cars that made up the event nine years ago, and symbolic of the progress the LGBT community has made in their country. Ventura’s candidacy, and that of another openly gay man in a local race, was unsuccessful, but was historic and significant for LGBT visibility in the country. Contributing to activists’ momentum has been James “Wally” Brewster, Jr., the U.S. ambassador to the Dominican Republic and an openly gay man who has been instrumental in spurring conversations over the treatment and acceptance of LGBT Dominicans. Brewster participated in the pride march this month alongside his husband and fellow ambassadors from seven other countries, including Mexico, Germany and Canada. Brewster’s ability to rise above harsh discrimination directed at him after his appointment by President Barack Obama in 2013 provided a crucial support to the LGBT rights movement. When the then-archbishop of Santo Domingo, Cardinal Nicolás de Jesús López Rodríguez, warned that Brewster would “su!er” if he came and waged a public war of words against him, Brewster didn’t go anywhere, and instead made LGBT rights a pillar of his agenda as ambassador. Advising activists and helping launch the country’s first LGBT Chamber of Commerce are just some of the examples of his e!orts. “Having the ambassador’s support has made a 1,000 percent di!erence,” Xavier Páez Soto, a software engineer from Santo Domingo, told AQ. “I think the LGBT community has a stronger voice now. There are both positive and negative discussions in the country about LGBT people and rights, and that’s cool, because I prefer people speaking instead of not saying anything at all.” Ramírez, meanwhile, points to the many areas where work needs to be done, such as police harassment of gays and a campaign to pass a gender identity law and educate the public on the challenges faced by transgender people. He says the ambassador’s support has been important in moving these issues forward. “That our issues are being discussed in the halls of power has helped us,” Ramírez told AQ. “The ambassador’s support for our activities and his moral support are highly appreciated, since it feels like we’re not alone, us ordinary people on the side who don’t have power and are doing things for the community.” In addition to Brewster’s issue-forward diplomacy, there are other positive signs for LGBT Dominicans. Soto points to Jackeline Montero, a former sex worker and women’s advocate who was recently elected to Congress. “She could be a new voice for women and the LGBT community in the Dominican Republic,” Soto said. A sign of progress indeed. — O’Boyle is an editor for AQ

ABOUT THE AUTHOR

Brendan O'Boyle is a senior editor at Americas Quarterly, where he writes about Latin American politics, produces the Americas Quarterly Podcast, and manages the publication’s social media presence. Brendan has been featured as an expert on Latin American issues in various outlets, including The New York Times, The Washington Post and El País. Tags: Dominican Republic, LGBT Rights

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