While much of the attention on the challenges to the inter-American system have focused on Venezuela and Ecuador, the Dominican Republic’s Constitutional Court has asserted that it has never fully been under the authority of the Inter-American Court, as part of an aggressive policy to reject human rights criticism over its handling of Dominicans of Haitian descent. That policy was seen too in the Dominican Republic’s non-acceptance of 23 of the 24 concerns raised over the country’s relationship with international human rights instruments at the UNHRC Universal Periodic Review process. In the OAS Permanent Council vote on whether to pass a resolution demanding increased pressure in Venezuela, the Dominican Republic abstained from voting on the resolution, breaking away from its usual voting pattern. And in a potentially troubling regional trend, the Dominican Republic imposed restrictions on international election monitors in the country to observe the 2016 elections. What makes all of this curious is that in other areas, such as free trade, the Dominican Republic has been a strong advocate for global norms.
Below is a breakdown of the Dominican Republic’s actions and votes at the various venues we are monitoring. For more information click on each title and summary.
Scoreboard:
Freedom House | |
Freedom Status | Partly Free |
Aggregate Score (100 is perfect freedom and protection of rights) | 67 |
Political Rights (scores out of 40, with 40 being the best) | 26 |
Civil Liberties (scores out of 60, with 60 being the best) | 41 |
Reporters Without Borders | |
World Press Freedom Index (scores out of 100, with 1 being the best) | 27.9 |
Transparency International | |
Corruption Perception Index (CPI) | 28/100 |
Global Rank | 137/180 |
World Justice Project [1] | |
Rule-of-Law Index | 0.48 |
Regional rank | 24/30 |
Global rank | 90/128 |
UN Human Development Index | |
Human Development Index (HDI) | 0.756 |
Global rank | 88 |
Americas Quarterly [2] (last report 2016) | |
Social Inclusion Index | N/A |
Regional rank | N/A |
United Nations System:
United Nations Human Rights Council (UNHRC or Council)
The Dominican Republic has never been on the UNHRC.
UNHRC’s Universal Periodic Review
As part of its mandate to promote human rights around the globe, the UNHRC has instituted a Universal Periodic Review, where, once every four years, each country’s human rights record is examined. Other countries are invited to review the record and make comments and suggestions for improvement. The country under review then acknowledges each comment by either “accepting” the comment, meaning typically that they agree to focus on, or “noting” it, indicating that they disagree and will not be focusing on improvements in this area. To read about the Dominican Republic’s participation, click on the title above.
UN NGO Committee
The Dominican Republic has never been on the Committee.
Inter-American System:
OAS Permanent Council
Under the new leadership of Secretary General Luis Almagro, the OAS has re-found its focus on defending democracy but is still bound by the wishes and will of its members. But the newfound leader’s commitment—and the challenges—were shown at a meeting in June 2016 where Almagro presented his report on the state of democracy in Venezuela and proposed invoking the Inter-American Democratic Charter.
Inter-American Commission for Human Rights (IACHR or Commission)
After not attending the 159th hearings, the Dominican Republic was present at the 164th hearing in September. However, it had a negative response to the topics of impunity and corruption put forward in the hearings. When it comes to voluntary funding, the Dominican Republic gives nothing beyond its member quota to the OAS.
Electoral Missions
The OAS has conducted a total of 11 electoral observation missions to the Dominican Republic since 1993. The latests electoral observation mission took place on 2016 for the General Elections. The OAS also monitored elections in 2012, 2010, 2008, 2006, 2004, 2002, 2000, 1998, 1996 and 1994.
Freedom of Information Laws
Since 2000 the right to information and freedom of information laws have expanded across the region. However, the existence of the laws on the books does not necessarily mean full enforcement. To see the Dominican Republic’s stats on this topic, please click on the title above.
Women’s rights:
Protecting women against gender-based violence is a human rights issue often overlooked globally even though it crosses social, economic and national boundaries. And according to the United Nations Population Fund, gender-based violence undermines the health, security, dignity, and autonomy of its victims. Although 16 countries in Latin America had modified their laws to include a specific type of crime referring to the murder of women by 2015, they are not uniformly implemented, and practices to convict perpetrators of gender-based violence are still extremely weak. A 2016 report published by the Small Arms Survey found that Latin America and the Caribbean is home to 14 of the 25 countries with the highest rates of femicide in the world.
Indigenous rights:
7.8 percent of the population in Latin America, roughly 41,813,039 people, identify as indigenous, 49 percent of them live in urban areas and 51 percent live in rural areas.
The Labour Organization’s Convention 169 (ILO 169)
The Labour Organization’s Convention 169 (ILO169)—which has the status of an international treaty—establishes the right of indigenous and tribal peoples to be consulted when a policy or project affects their culture or heritage through what is commonly called “previous and informed consent.” The vaguely worded treaty has been a point of contention in some countries, among governments, investors and communities; and progress in implementing it has been uneven. The Convention has been interpreted, in particular, as applying to issues of national resource extraction and infrastructure development that affect communal lands. In Latin America 16 countries have signed ILO 169.
United Nations Declaration on the Rights of Indigenous People’s (UNDRIP)
Adopted by the UN General Assembly in September 2007, all Latin American countries, except Colombia, which abstained, voted in favor of this declaration. The only four countries to initially reject this declaration were the U.S., Canada, Australia and New Zealand. While it is not a legally binding instrument, it is an “important standard” for the treatment of indigenous people. The declaration sets out the collective and individual rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. It prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development. The end goal is to encourage countries to work alongside indigenous communities to solve global issues, like development, multicultural democracy and decentralization.
American Declaration on the Rights of Indigenous People
In 2016, the General Assembly of the Organization of American States (OAS) approved the American Declaration on the Rights of Indigenous Peoples after a long negotiation of 17 years. The declaration recognizes the collective organization and multicultural character of indigenous peoples, the self-identification of people who consider themselves indigenous and special protection for peoples in voluntary isolation or initial contact. However, the declaration was met with resistance by members of the indigenous community, who complained that they did not have full participation in the negotiations and that the declaration rolled back several rights recognized in UNDRIP. The declaration does not mention the right to previous and informed consultation.
Previous to the declaration, in 1990, the Inter-American Commission on Human Rights (IACHR) had created the Office of the Special Rapporteur on the Rights of Indigenous Peoples to devote attention to Indigenous Peoples in the Americas and to “strengthen, promote, and systemize the IACHR’s own work in this area. The current Rapporteur on the Right of Indigenous Peoples is Francisco José Eguiguren Praeli, Ambassador of Peru to Spain from 2012 to 2014 and Minister of the Office of Justice. He received a law degree from the Pontifical Catholic University of Peru with a master’s degree in Constitutional Law and a PhD in Humanities. Former Rapporteurs include, Rose-Marie Belle Antoine a former IACHR Commissioner, Dinah Shelton an international law consultant for the World Health Organization, the United Nations Environment Programme among other organizations.