Document #1231703
USDOS – US Department of State (Author)
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.
Country Report on Human Rights Practices for 1985 (Periodical Report, English)