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Dominican Republic - Universal Periodic Review

UPR 32, January 30, 2019
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada thanks the Dominican Republic for its report and welcomes the positive steps taken to protect human rights by issuing the National Plan for Human Rights in December 2018.

Canada recommends that the Dominican Republic:

1. Take effective measures to protect girls and adolescents from early marriage, sexual exploitation and teen pregnancy, including by investigating and prosecuting all acts of sexual violence against women and girls, and providing training to national and local law enforcement officials as well as personnel working in the tourism sector.
2. Take steps to protect the fundamental rights of all individuals born in the Dominican Republic, including the offspring of undocumented foreigners who have not yet received their Dominican nationality as stipulated by Law 169/14 and who may be still at risk of becoming stateless as a consequence of Constitutional Tribunal ruling 168/13.
3. Implement policies and programs to prevent discrimination based on sexual orientation or gender identity, including by ensuring that medical workers and police respect the rights, protect the health, and ensure the safety of LGBTI individuals.

Investigate all allegations of the use of excessive force and extrajudicial killings by law enforcement agents and ensure they receive training on the appropriate use of force so as to prevent deaths and casualties.

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, the Dominican Republic received 235 recommendations, of which 129 were accepted (an acceptance rate of 55%). Canada’s previous recommendations to the Dominican Republic were related to extrajudicial killings, migrants and nationality rights. All were deferred.

The Dominican Republic (DR) is a growing democracy where freedom of expression, of assembly and of association are guaranteed in law. In December 2018, the DR issued the National Plan of Human Rights and has made significant investments towards achieving a comprehensive national education plan.

As party to the Convention on the Rights of Children (CRC) and other related treaties, such as ILO Conventions 138 and 18, the DR has made progress in the protection of children. The DR also created a 2015-2018 road map for the prevention and elimination of violence against children, and seeks to eliminate by 2020 the participation of children in work activities that could harm their development. The DR has accepted treaty obligations to respect the right to freedom of expression.  Its constitution provides for freedom of the press. In 2009 the DR ratified the Convention on the Rights of Persons with Disabilities (CPRD). The regulations drafted in 2016 for the Law of the Equal Rights for persons with disabilities are yet to be enforced.

Despite positive steps, important challenges remain. Violence and discrimination against women is far too common. Child exploitation is still present, including commercial sexual exploitation and child sexual abuse tourism. Concerns remain related to the rights and safety of members of the LGBTI community. A prison system reform has been underway, however, while certain prisons now provide dignified living quarters, education, nutrition and health services, others are still overcrowded with a varying degree of services to inmates based on their financial situation. There are still reports of use of excessive force by law enforcement agents.

Dominicans of Haitian descent and Haitian migrants also face discrimination. A 2013 Constitutional Court decision stripped Dominican-born descendants of Haitian migrants of their citizenship. Concerns remain following the National Plan for Regularization of Foreigners and its impact on undocumented foreigners who risk becoming stateless. Canada emphasizes the importance of fair, transparent, processes that respect international human rights obligations in the naturalization and regularization of foreigners.