Country Report on Human Rights Practices for 1985

DOMINICAN REPUBLIC 



The Dominican Republic is a pluralistic, constitutional 
democracy with an elected president and a bicameral congress. 
The Supreme Court heads an independent judiciary whose members 
are appointed by the Senate. President Salvador Jorge Blanco 
is in the final year of a four-year term which began in August 
1982 following fair and competitive elections. Political 
parties representing the political spectrum from left to right 
freely participate in the political process and are actively 
engaged in preparations for national elections scheduled for 
May 16, 1986. The military is fully responsive to the 
civilian governmental authorities and committed to 
constitutional order. 

The Dominican Republic is a middle to lower income, developing 
country with a mixed economy based primarily on agriculture 
and services. Partly as a result of the 1930-1961 
dictatorship of Rafael Trujillo, the Government still accounts 
for 20 to 25 percent of the gross domestic product and 
controls several major industries. The national income is 
unevenly distributed, but there is a significant middle 
class. Historically, sugar has been the Dominican Republic's 
principal export. Faced with the prolonged depression of the 
world sugar market and low prices for its other agricultural 
exports, the country has confronted a serious economic crisis 
since 1982. To address these problems, the Government has 
undertaken difficult economic austerity and financial 
adjustment measures based on agreements with the International 
Monetary Fund (IMF). As a result, living standards have 
fallen, especially for the poor and lower middle class 
majority. 

During 1985, Dominicans continued generally to exercise and 
enjoy the broad range of human rights guaranteed them under 
the 1966 Constitution. The political environment remained 
unrestricted, and individuals and political groups freely 
debated and criticized the policies and programs of the 
Government. Preparations for the May 1986 elections moved 
forward. While opposition to the Government's economic 
austerity measures led to periodic protests and strikes, there 
was not a repeat of the violent disturbances which occurred in 
April 1984. On several occasions the Government temporarily 
detained Communist and other leftist political leaders as well 
as some labor leaders on the grounds that they were preparing 
illegal protest actions that would disrupt the civil peace. 
Although they have charged harassment, those detained were 
routinely released within the 48-hour constitutional limit for 
detention without charges. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no known politically motivated killings in 1985. 
However, there have been allegations that government and 
police authorities may have- been involved in the murder of a 
foreign exchange trader. Hector Mendez, and his chauffeur in 
January 1985. The Government has made arrests and charged 
that the murders were perpetrated by terrorists seeking to 
raise funds for radical leftist political activities. The 
trial is pending. Also, a youth was apparently shot and 
killed in March during clashes between police and students 
demonstrating in favor of a larger budget for the Autonomous 
University of Santo Domingo. 

b. Disappearance 

There were no credible reports of politically motivated 
disappearances in 1985. A local, private human rights 
organization. The Dominican Human Rights Committee, and the 
International League for Human Rights issued reports in June 
which denounced 58 alleged disappearances between 1981 and 
1984. Also, Haitian refugees resident in the Dominican 
Republic have asserted that Israel Valmy and two other Haitian 
refugees disappeared after being arrested by government 
security forces in May. There is no reliable evidence to 
suggest that these alleged disappearances were politically 
motivated or involved the Government. 

c. Torture and Cruel, Inhuman, or Degrading Treatment or 
Punishment 

The Constitution prohibits torture, and it is not practiced. 
In 1985 there was a series of reports of police and security 
force abuse of prisoners, including the well-publicized death 
of popular band leader Tony Seval while in custody. The press 
routinely reports cases of police abuse. Prisoners and their 
families have access to the press which contributes to 
deterring cruel, inhuman, or degrading punishment and 
encourages the Government to take corrective action. In most 
instances, government and police officials have indicated a 
concern to redress improper behavior by police, but they have 
not always effected the needed changes. Members of the 
National Police on the northern coast who abused tourists and 
extorted money were punished and removed from the force. 
However, other reports of extortion continue. 

The individual arrested and charged with the January murder of 
the local foreign exchange trader, Mendez, has since asserted 
that he confessed to the crime only after the police had 
threatened him and his family and tortured him. The case is 
still pending trial. 

The inadec[uately financed prison system suffers from 
unsanitary conditions and overcrowding. The overcrowding 
results in part from the slowness of the judicial process 
under which many prisoners remain in custody while awaiting 
trial. Financial constraints continue to handicap the 
Government's ability to improve the prison situation. 
Judicial authorities are studying measures to modernize the 
trial process and otherwise reform the administration of 
justice. 

d. Arbitrary Arrest, Detention, or Exile 

There are no known instances of arbitrary arrest, illegal 
detention, or exile of individuals for expressing views 
contrary to or critical of the Government. 

On several occasions in the first half of 1985, the Government 
detained members of radical leftist parties, labor 
organizations, and populist groups who were instigating or 
preparing to instigate public disturbances to protest economic 
austerity measures. Those so detained were usually released 
within 48 hours, which is the maximum period stipulated by the 
Constitution for holding suspects for investigation before 
arraignment. On February 5, for example, the Government 
arrested 14 leftist political and labor leaders who were 
involved in preparations for a nationwide general strike set 
for February 11, and charged them with activities prejudicial 
to public peace and constitutional order. The Attorney 
General issued a release order for the 14 on February 12, in 
response to a writ of habeas corpus ordered by the courts. 

There appears to be no evidence of policies or practices of 
forced labor, although isolated incidents may occur involving 
seasonal Haitian canecutters employed in the country's sugar 
industry. The Haitian canecutters can quit their jobs and are 
free to leave the plantations, but those who are illegal 
residents and those under contract to the State Sugar Council 
who have abandoned their jobs are subject to deportation. 
They are not forcibly returned to the fields. 

An agreement concluded in October 1984 between the Government 
of Haiti and the Dominican State Sugar Council (CEA) provided 
improvements in the situation of Haitian agricultural workers 
in the Dominican Republic. Among other provisions, the 
agreement reduces the possibility of forced labor by: (1) 
providing that Haitian workers be informed of the location 
where they are to work upon their arrival at the Dominican 
border; (2) abandoning the practice of transferring workers 
from one sugar plantation to another; (3) permitting Haitian 
workers to retain their own travel documents; and (4) 
providing vehicles equipped with loudspeakers to inform the 
workers in Creole of their rights and obligations. 

e. Denial of Fair Public Trial 

There are no known political prisoners. 

The Constitution guarantees a public trial. No special court 
for political or national security cases exists, and civilians 
may not be tried by a military court. Members of the armed 
forces are not tried by civilian courts, except under 
specified circumstances and only after a military board has 
reviewed the case and decided to permit the case to pass to 
the civilian courts. The appeals procedure, which includes 
appellate courts and the Supreme Court, is widely utilized. 
Court-appointed lawyers are usually provided at public expense 
to indigents only in criminal cases. They are seldom provided 
in criminal misdemeanor cases where their provision is at the 
court's discretion. Prosecuting attorneys are appointed by 
the executive branch. 

Judges at all levels are selected by the Senate and are 
independent of the executive branch, subject to removal or 
transfer by a majority vote in the Senate. Their terms of 
office correspond to that of the President and other elected 
officials, ending on the last day of the incumbent 
administration regardless of date of appointment. Judges have 
displayed independence in their actions and are not known to 
persecute opponents of the administration. However, judges 
earn a relatively low salary, and the fairness and quickness 
of some trials have been subject to influence and 
manipulation. There is a widespread public belief, buttressed 
by some concrete reports, that judges and prosecutors at the 
lower court level accept bribes. 

Judges engaged in a nationwide strike between July and 
October, demanding higher salaries, better working conditions. 
and more resources for the judicial branch. During this 
period the administration of justice came to a virtual 
standstill. The strike was resolved when the Government 
raised the salaries of judges, promised additional financial 
resources for the courts, and agreed to permit the judicial 
branch to administer its own budget. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

There have been no reports of arbitrary governmental 
interference with the private lives of individuals or 
families. Constitutional safeguards against invasion of the 
home are normally observed. A residence may not be searched 
unless the search is made in the presence of a prosecutor or 
an assistant prosecutor, except in cases of "hot pursuit" or 
when there is a probable cause to believe that a crime is 
actually occurring within the residence. Because of theft 
within the postal department there is little public confidence 
in the mail system. 

Section 2 Respect for Civil Rights, Including: 

a. Freedom of Speech and Press 

These liberties are guaranteed by law and respected. 
Dominican newspapers are privately owned and freely reflect 
opposition points of view and criticism of the current 
Government. The numerous privately owned radio and television 
stations air all political points of view. Moreover, there 
are frequent exchanges of views between government officials 
and all media elements. 

There is no government censorship on political grounds. 
However, there have been cases in which the Government has 
taken action against media elements. For example, during 
strikes and protests which followed the Government's January 
23 announcement of economic austerity measures, some 
journalists were temporarily detained by security forces and 
removed from the scene of disturbances. Also at this time, 
the Government acted to prohibit mobile radio units from 
entering areas of Santo Domingo where strikes or disorders 
were occurring, ostensibly to avoid inciting further 
disorders. This restriction was subsequently lifted. 

In addition, there have been charges, denied by government 
spokesmen, that the Government sought to pressure the media 
against actively covering all aspects of the Hector Mendez 
murder case. Concern has also been expressed by some 
newspapermen and opposition politicians that the Government 
seeks to pressure and influence the media through its large 
advertising budget and the manner in which it distributes paid 
government advertisements to the newspapers, television, and 
radio stations. 

In December, the media and political opposition criticized the 
Government for ordering a privately owned television station 
to remain off the air and for allegedly playing a role in the 
cancellation of a talk show on another channel. In the first 
case, the station was owned by a prominent political figure of 
an opposition party. In the latter, the show's host had 
scheduled an interview with the leader of a rival faction 
within the ruling party. The Government has stated that the 
Station was ordered off the air for technical irregularities 
in its transmissions and has denied any role in the talk 
show's cancellation. 

While customs authorities from time to time confiscate 
Communist literature, books of all political persuasions are 
readily available for public sale. University autonomy and 
academic freedom are respected by the Government. 

b. Freedom of Peaceful Assembly and Association 

Freedom of peaceful assembly and association is guaranteed by 
the Constitution. Outdoor public marches and meetings require 
official government permits which are routinely granted. 
Throughout 1985 there were numerous such gatherings of parties 
and groups of diverse political orientations. Likewise, 
indoor gatherings of political parties, labor unions, and 
other associations are unrestricted. 

Labor unions have not historically played a significant role 
in the Dominican Republic, and less that 15 percent of the 
labor force is organized. The trade union movement is highly 
fragmented — there are eight national labor confederations — and 
very politicized. Moreover, the confederations exercise only 
a limited degree of control over their affiliates. Between 
October 1983 and mid-1985, however, over 250 new unions were 
officially recognized. Many of the confederations are 
affiliated with regional and international labor organizations. 

Approximately one-third of Dominican organized labor is 
Communist controlled or influenced. The politically 
affiliated labor organizations frequently pursue partisan 
political objectives rather than workers' economic demands. 
The Government has on occasion briefly detained labor union 
leaders in order to stop strikes or other labor actions it 
considered illegal. Rising unemployment and the continued 
deterioration of the nation's economy have hampered the growth 
of organized labor. Unions have the right to negotiate and to 
strike, even though they operate under the handicap of a dated 
labor code written during the Trujillo dictatorship that gives 
unions few rights vis-a-vis management. For example, there is 
no effective protection for organizers or union officials. 
The current administration has, however, given unions more 
leeway under the existing legislation than previously and has 
proposed legislation to modernize the labor code and enhance 
universally recognized labor rights. 

Professional organizations of lawyers, doctors, journalists, 
and others function freely. Like the unions, these 
organizations are free to maintain relations with counterpart 
international bodies of diverse political philosophies. 

c. Freedom of Religion 

Discrimination on racial, religious, or ethnic grounds is 
prohibited by the Constitution. There are no religious 
recjuirements to hold public office, no restrictions on the 
practice of religious faiths, and no social discrimination 
based on religion. However, approximately 95 percent of the 
population is Roman Catholic, and the Church's preeminent 
position is accepted by the populace at large and is 
recognized in the Concordat between the Dominican Republic and 
the Holy See. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

There are no unusual restrictions on travel within or outside 
the country. Many political exiles returned after a 1978 
amnesty, but a legal ban on the return of certain members of 
the Trujillo family still exists. 

The status and treatment of Haitians living in the Dominican 
Republic has been criticized by the press and the public, both 
in the Dominican Republic and abroad. The Haitian community 
of approximately 500,000 is composed mainly of illegal 
immigrants seeking employment and better living conditions. 
This figure also includes between 400 and 450 individuals, 
most opponents of Haitian President Duvalier, who have 
received "political refugee" status from the Dominican 
Government. Illegal immigrants are routinely deported under 
Dominican immigration law, while those seeking poltical refuge 
are not repatriated if the Government determines that they 
have a legitimate fear of persecution. There are restrictions 
against foreigners engaging in political activity directed 
against another country. 

In September, several Haitians with political refugee status 
in the Dominican Republic, who maintained that they were 
politically persecuted, were freely permitted to depart the 
country for Costa Rica. In October, two groups consisting 
respectively of six and seven Haitian residents of the 
Dominican Republic occupied the Venezuelan Embassy and the 
Italian Ambassador's residence in Santo Domingo. The 
Haitians, recognized as political refugees by both the 
Dominican Government and the United Nations High Commission on 
Refugees, charged that they were being politically persecuted 
by Haitian security forces in the Dominican Republic and 
requested asylum. The Dominican Foreign Ministry issued a 
communique rejecting the Haitians' charges, guaranteeing the 
safety of the refugees, and noting that the Haitians were 
completely free to leave the Dominican Republic if they 
desired. Subsequent Dominican government declarations stated 
that neither foreigners nor Dominicans are allowed to 
intimidate residents of the Dominican Republic and denied that 
Haitian intelligence agents operate inside the country. 

At the request of the concerned embassies, Dominican police on 
November 2 removed all those Haitians who had not previously 
departed the premises: three in the Venezulean mission and six 
in the Italian residence. The Haitians were not detained by 
Dominican authorities. 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

The Dominican Republic is a fxinctioning multiparty democracy 
in which governments are freely elected by the citizenry. 
Opposition groups of the left, right, and center are allowed 
to operate openly. The change in ruling parties brought about 
in the 1978 elections, and the free ai.d fair elections held in 
1982, demonstrate the established right of citizens to change 
their government via the ballot box. The ample participation 
of the opposition Social Christian Reformist Party and the 
pro-Cuban Dominican Liberation Party in the independent 
Dominican legislature underlines the climate for pluralism and 
political participation. Political parties and other 
political movements are freely engaged in organizational 
efforts and in campaigning for the national elections 
scheduled for May 16, 1986. l.\ addition, the Central 
Electoral Board, an independent government body charged with 
administering the elections, has begun preparations to assure 
open, honest elections. 

In November, the internal nominating process of the ruling 
Dominican Revolutionary Party (PRD) was marred by 
irregularities and violence. Vote counting to determine the 
PRD presidential candidate was interrupted by a violent 
confrontation between rival bands inside convention 
headquarters the day after the party's convention and primary 
election. The official vote count had not resumed by the end 
of the year. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

The Dominican Republic participates actively in international 
and regional human rights bodies and supports human rights 
issues in international forums. International human rights 
organizations have been allowed free access to the country. 
The Government has cooperated fully with the investigation 
into the sensitive subject of the treatment of Haitian 
refugees and migrant workers. At the June 1985 meeting of the 
International Labor Organization (ILO) Conference Committee on 
the Application of Conventions and Recommendations, the 
Dominican Government submitted a report identifying the 
changes it had introduced to improve the working conditions of 
Haitian sugar canecutters in the country. The report, which 
was generally well received, responded to criticisms contained 
in a 1983 ILO report on the situation of Haitian seasonal 
agricultural workers. 

Private organizations which freely report and comment on 
alleged human rights violations include the Dominican Human 
Rights Committee (CDH) and the Dominican Union for the Defense 
of Human Rights (UDHU) . The major allegations of these 
organizations in 1985 were that the detention of leftist and 
labor figures was a means of harassment rather than 
investigation, and that the public order was not threatened by 
the actions or plans of those detained. The CDH also charged 
that there were 58 disappearances between 1981-1984, although 
the group did not assert that the majority of the 
disappearances were politically motivated or 
government-instigated. Rather, the CDH seemed to fault the 
Government for its failure to investigate adequately the 
disappearances. The Government has not harassed these 
organizations for their criticism of official actions or 
policies. 

In June the U.S. -based International League for Human Rights, 
drawing on information provided by the CDH, presented a report 
to the United Nations Working Group on Involuntary and Forced 
Disappearances which denounced 58 disappearances in the 
Dominican Republic. The report failed to present evidence 
that these were political disappearances. 

Amnesty International Report 1985 (covering 1984) expressed 
concern about "numerous short-term arrests of individuals, 
some of whom it believed may have been held on suspicion of 
non-violent opposition to the government." Freedom House 
rates the Dominican Republic "free." 

ECONOMIC, SOCIAL, AND CULTURAL SITUATION 

The Dominican Republic is a poor country with a population of 
approximately 6.6 million and an estimated annual population 
growth rate of 2 . 5 percent. Half of the population is under 
16 years of age. Since the early 1980 's the low international 
price of sugar, the country's principal export, and the high 
cost of petroleum and other imports have seriously hurt the 
economy. Per capita income is estimated to be about 1370 
pesos per year. At the floating exchange rate of 
approximately 3 pesos to $1 (December 1985), per capita income 
is less than $460 per year. Unemployment, now estimated 
between 25 and 30 percent, is on the increase as economic 
growth has slowed and more individuals enter the labor 
market. At least another 20 percent of the labor force is 
believed to be underemployed. Poverty is widespread. 

Per capita calorie consumption barely meets minimum 
rec[uirements, and only 59 percent of the population enjoys 
access to potable water. Health conditions are poor, 
particularly in the rural countryside. In 1985 major 
vaccination campaigns were continued by the Government to 
address some of these problems. In 1985, life expectancy at 
birth was 63.7 years, and the infant mortality rate was 73.8 
per 1,000 live births. Primary school enrollment is claimed 
to be over 90 percent, but some observers estimate the rate is 
closer to 75 percent. The literacy rate is 67 percent. 

Throughout the long and difficult negotiations with the 
International Monetary Fund in 1983 and 1984, the Government 
remained continually conscious of the impact of adjustment and 
austerity on the Dominican people. Although some offsetting 
measures taken by the Government may have been ill-advised in 
the eyes of some economists, they have doubtless made the 
adjustment process more socially and politically tolerable to 
the average Dominican. 

The Dominican labor code prohibits employment of youths under 
14 years of age, and restricts the nighttime employment of 
youths ages 14-18. The labor code also provides that 
employees under 18 work no more than eight hours a day, and, 
in addition to other limits on youth employment, specifies 
that those 18 years and younger will not be employed in 
dangerous or unhealthy jobs. In practice many of the 
restrictions in the labor code are ignored. Young people, 
including minors less than 14, engage in a wide variety of 
work which technically violates the labor regulations. For 
example, the labor code's provisions regulating vendors and 
shoeshine boys are not enforced. 

In 1985 the Government, recognizing the hardships entailed by 
the rising cost of living, took steps to raise the basic 
minimum monthly salary from 175 to 250 pesos (approximately 
$58 to $83) for both public and private sector employees (with 
some smaller businesses exempt from the new pay scale) . At 
the same time, the minimum daily wage for agricultural workers 
was raised from 5 to 6 pesos. The labor code establishes that 
all workers are entitled to 24 hours of rest after six days of 
work; in practice, a typical work week is Monday through 
Friday plus half a day on Saturday. Safety and health 
conditions at the workplace do not always meet acceptable 
standards. The existing social security system is inadequate, 
although legislation to expand and improve it is before the 
Congress . 
Sexual and racial discrimination are prohibited by law and 
women's political rights have been recognized in legislation 
since 1942. Forty-seven percent of registered voters are 
women, and women hold both elective and appointed offices in 
the Government. The Jorge Blanco administration has 
established an office to encourage the advancement of women, 
and in 1983 the United Nations International Research and 
Training Institute for the Advancement of Women set up its 
headquarters in Santo Domingo. Divorce is easily attainable 
by either spouse, and women can hold property in their own 
names apart from their husbands. Nonetheless, women 
traditionlly have not shared equal social and economic status 
or opportunity with men. 

There is subtle social discrimination against darker skinned 
Dominicans, although this has not prevented their success in a 
variety of fields, including elected political office. 
Dominicans, for historical reasons and because of sharp 
cultural differences, are generally prejudiced against 
Haitians. This prejudice carries over to the minority in the 
population who are Dominicans of Haitian descent. These 
prejudices, social tensions, and historical enmities sometimes 
result in violence which affects the Haitian migrant workers 
who enter the country under contract to cut sugar cane. In 
June, at least one, and possibly seven, Haitian canecutters, 
as well as one or more Dominicans, were killed during 
disturbances at a Dominican State Sugar Council plantation at 
Triple Ozama near Santo Domingo. The exact circumstances of 
the deaths are unclear, but it appears the incident stemmed 
from Haitian frustration at delays in the repatriation 
process. Although the conditions of the migrant Haitian 
workers have improved over the situation which existed several 
years ago, the incident underlines the fact that problems 
remain. 

Associated documents