Freedom in the World 2017 - Dominican Republic

Year: 
2017
Freedom Status: 
Partly Free
Political Rights: 
3
Civil Liberties: 
3
Aggregate Score: 
68
Freedom Rating: 
3.0
Overview: 

The Dominican Republic has a strong framework for the protection of political rights and civil liberties. However, 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, is a serious problem. Press freedom is restricted by criminal defamation laws and the harassment of journalists.

Key Developments in 2016: 
  • Observers from the Organization of American States (OAS) deemed May’s presidential, legislative, and municipal elections credible. However, they called for major reforms to guarantee equal access to party financing and media coverage, and expressed concern about serious complications involving new electronic voting and vote-counting infrastructure.
  • In February, the Constitutional Court struck down sections of a press law criminalizing defamation of government bodies and public officials, but preserved some other criminal defamation provisions.
  • In September, a lawyer working on issues related to discrimination against Dominicans of Haitian descent was attacked in connection with his work.
Executive Summary: 

The ruling Dominican Liberation Party (PLD) maintained its hold on power in simultaneous presidential, legislative, and municipal elections held in May 2016. An OAS observation mission called the polls credible, but cited a number of irregularities, including vote buying. It additionally called for significant structural reforms to promote fairness in the public financing of political parties and campaigns, and, citing a “high degree of unfairness in access to the media,” called for mechanisms to guarantee better access to public and private media for smaller political parties.

Additionally, the introduction of a new electronic system for voter identification and registration, counting votes, and transmitting election results created significant complications during the election period. These included technical problems with voting equipment as well as inconsistencies in vote-counting procedures, as some parties, distrustful of the new system, insisted that votes at some locations be counted manually. 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. Opposition parties blamed the JCE for problems with the polls, contributing to tensions surrounding November’s elections by the PLD-controlled Senate of new JCE members.

Human rights violations against Dominicans of Haitian descent, as well as the reported mistreatment of Haitian immigrants, have continued in the wake of a 2013 Constitutional Court ruling that stripped thousands of Dominicans of Haitian descent of their nationality. In 2016, individuals who were able to apply for a restoration of nationality under legislation adopted after the 2013 ruling continued to report problems accessing citizenship documents and registering their children as Dominicans. Additionally, many people affected by the 2013 ruling were unable to exercise their right to vote in the 2016 elections. Lawyers and others working to defend the rights of Dominicans of Haitian descent have reported receiving threats. In September, a prominent lawyer working on the issue was attacked by unknown men in Santo Domingo, in what appeared to be retaliation for his work. The status of an investigation into the attack was unclear at year’s end.

While the law guarantees freedom of speech and of the press, journalists face intimidation and violence when investigating sensitive issues, particularly drug trafficking and corruption. However, 2016 saw some advancement in press freedom after the Constitutional Court in February struck down a provision of the press law that criminalized defamation of government bodies and public officials. However, it maintained criminal penalties for defamation committed against private persons, the president, or foreign leaders. Separately, the Chamber of Deputies approved amendments to the Criminal Code that would decriminalize abortion when the mother’s life is in danger, but maintained criminal penalties for abortion in all other cases, including for pregnancies resulting from rape and in which a fetus has malformations incompatible with life.

Political Rights

Political Rights 27 / 40 (−2)

A. Electoral Process 9 / 12 (–1)

A1. Is the head of government or other chief national authority elected through free and fair elections?
A2. Are the national legislative representatives elected through free and fair elections?
A3. Are the electoral laws and framework fair?

  

B. Political Pluralism and Participation 10 / 16

B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?
B2. Is there a significant opposition vote and a realistic opportunity for the opposition to increase its support or gain power through elections?
B3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?
B4. Do cultural, ethnic, religious, or other minority groups have full political rights and electoral opportunities?

  

C. Functioning of Government 8 / 12 (−1)

C1. Do the freely elected head of government and national legislative representatives determine the policies of the government?
C2. Is the government free from pervasive corruption?
C3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?

  

Civil Liberties

Civil Liberties 41 / 60

D. Freedom of Expression and Belief 14 / 16

D1. Are there free and independent media and other forms of cultural expression?
D2. Are religious institutions and communities free to practice their faith and express themselves in public and private?
D3. Is there academic freedom, and is the educational system free of extensive political indoctrination?
D4. Is there open and free private discussion?

  

E. Associational and Organizational Rights 10 / 12

E1. Is there freedom of assembly, demonstration, and open public discussion?
E2. Is there freedom for nongovernmental organizations?
E3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?

  

F. Rule of Law 8 / 16

F1. Is there an independent judiciary?
F2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?
F3. Is there protection from political terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?
F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?

  

G. Personal Autonomy and Individual Rights 9 / 16

G1. Do individuals enjoy freedom of travel or choice of residence, employment, or institution of higher education?
G2. Do individuals have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, political parties/organizations, or organized crime?
G3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?
G4. Is there equality of opportunity and the absence of economic exploitation?

  

Scoring Key: X / Y (Z)
X = Score Received
Y = Best Possible Score
Z = Change from Previous Year

Full Methodology

Explanatory Note: 

This country report has been abridged for Freedom in the World 2017. For background information on political rights and civil liberties in the Dominican Republic, see Freedom in the World 2016.