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Dominican Republic

Executive Summary

The Dominican Republic is a representative constitutional democracy. In July, Luis Abinader of the Modern Revolutionary Party was elected president for a four-year term. Impartial outside observers assessed the election as generally free, fair, and orderly.

The National Police are under the minister of interior and police and in practice report to the president. The Airport Security Authority, Port Security Authority, Tourist Security Corps, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Armed Forces and through that ministry to the president. The National Drug Control Directorate, which has personnel from both police and armed forces, reports directly to the president, as does the National Department of Intelligence. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; harsh and life-threatening prison conditions; arbitrary detention; serious problems with the independence of the judiciary; arbitrary interference with privacy; criminal libel for individual journalists; serious government corruption; trafficking in persons; and police violence against lesbian, gay, bisexual, transgender, and intersex persons.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially among senior officials.

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

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

Extrajudicial killings of civilians by officers of the National Police were a problem. According to government data, more than 3,000 individuals died during confrontations with police or security forces between 2007 and March 2019. The exact number of extrajudicial killings was unknown. The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police, including killings. Separately, the district attorney has authority to investigate and prosecute criminal misconduct by members of the National Police. The government stated it was unaware of any extrajudicial killings during the year and added that any such cases would be investigated for possible prosecution. Media and civil society acknowledged that many cases went unreported due to a lack of faith in the justice system to pursue charges.

The National Human Rights Commission (NHRC), a nongovernmental organization (NGO), reported on extrajudicial killings by police, with several tied to the nightly curfew imposed by the government in response to the COVID-19 pandemic. Unlike in previous years, the NHRC did not report detailed statistics on extrajudicial killings by the national police. The NHRC did, however, highlight several troubling incidents of individuals killed or injured by police for apparent curfew violations. In September a motorcycle police officer shot two persons riding a motorcycle after curfew in Santo Domingo. In April an 11-year-old bystander was killed in her home during a shootout between police and individuals out in violation of the curfew.

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

The law prohibits arbitrary entry into a private residence, except when police are in hot pursuit of a suspect, a suspect is caught in the act of committing a crime, or police suspect a life is in danger. The law provides that all other entries into a private residence require an arrest or search warrant issued by a judge. Despite these limits on government authority, police conducted illegal searches and seizures, including many raids without warrants on private residences in poor neighborhoods.

During the months leading up to the national elections in July, human rights groups, opposition politicians, and journalists critical of the government alleged that the Medina administration used unauthorized wiretaps, monitored private email, and used other surreptitious methods to interfere with the private lives of individuals and families. The Medina administration denied this. Opposition political parties alleged that Medina administration officials at times threatened subordinates with loss of employment or offered benefits to compel them to support Dominican Liberation Party candidates.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, spousal rape, domestic violence, incest, and sexual aggression. Sentences for rape range from 10 to 15 years in prison and a modest fine. The Attorney General’s Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the country’s 32 provinces. The Attorney General’s Office instructed its officers not to settle cases of violence against women and to continue judicial processes even when victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling.

The Ministry of Women promoted equality and the prevention of violence against women and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community by implementing education and awareness programs, as well as training other ministries and offices. The ministry operated shelters and provided counseling services, although NGO representatives argued these efforts were inadequate.

In September a woman was attacked with a mix of sulfuric, hydrochloric, and muriatic acid, a concoction commonly referred to as devil’s acid. She suffered chemical burns on 40 percent of her body and lost some of her vision. Her former boyfriend and two other men were arrested in connection with the attack and charged with conspiracy, torture, and gender-based violence. In leaked audio conversations, friends advised the defendant to attack the woman with acid to avoid trouble, instead of killing her. Although outlawed, the acid concoction was easily accessible.

Sexual Harassment: The law defines sexual harassment by an authority figure as a misdemeanor, and conviction carries a sentence of one year in prison and a large fine. Union leaders reported the law was not enforced and that sexual harassment remained a problem.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and generally had access to the means and information to do so, free from discrimination, coercion, and violence. Low income was a barrier to accessing information.

Family-planning NGOs provided contraceptives without charge. Many low-income women, however, used them inconsistently due to lack of information, irregular availability, societal influences, and cultural male dominance. Religious beliefs and social customs reduced the use of modern methods of family planning.

The government provided some access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Women, but most of the burden for providing these services fell on women’s rights NGOs, and abortion is illegal even in the case of rape or incest.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of the government authorities.

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men. In addition no law requires equal pay for equal work.

Members of National/Racial/Ethnic Minority Groups

The law prohibits discrimination on the basis of skin color and nationality. There was evidence of racial prejudice and discrimination against persons of dark complexion, Haitians, or those perceived to be Haitian. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent and Haitian migrants (see also sections 1.d., 2.d., and 2.g.).

In October residents of a neighborhood in Santiago were filmed throwing stones and hitting Haitian residents with sticks in an effort to drive them out of their homes. The group also burned the belongings of the Haitians and threatened to burn down their dwellings if they did not move out of the area immediately. The group claimed the Haitian families were undocumented and posed a health and security risk to the neighborhood.

A mayor posted a video on the city’s official social media accounts where he reprimanded a group of children who appeared to be gambling in a park. Social media commentators said that his video, in which he referred to the youth as “a group of Haitians,” unnecessarily made their nationality a factor in the situation and stoked anti-Haitian sentiment.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It prohibits discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution creates a right of equality and nondiscrimination, regardless of sex, skin color, age, disability, nationality, family ties, language, religion, political opinion or philosophy, and social or personal condition. The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation, gender identity, or stateless status. No law mandates equal pay for equal work.

The government did not effectively enforce the law against discrimination in employment, and penalties were not commensurate with penalties for other civil rights violations. Discrimination in employment and occupation occurred with respect to persons with HIV or AIDS, and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6).

In September 2019 the Ministry of the Economy released a report showing the per-hour labor wage gap between men and women continued to increase.

e. Acceptable Conditions of Work

The law provides for a minimum wage that varies depending on the size of the enterprise and the type of labor. As of October 2019, the minimum wage for all sectors within the formal economy, except sugar cane harvesters, was above the official poverty line; however, a study by the Juan Bosch Foundation found that only one-half of the minimum wage rates were high enough for a worker to afford the minimum family budget.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. Agricultural workers are exempt from this limit, however, and may be required to work up to 10 hours each workday without premium compensation.

The law covers different labor sectors individually. For example, the laws covering domestic workers establish lower standards for hours of work, rest, annual leave, sick leave, and remuneration than for other sectors and do not provide for notice or severance payments. The labor code also covers workers in the free-trade zones, but those workers are not entitled to bonus payments, which represent a significant part of the income of most workers in the country.

The law applies to both the formal and informal sectors, but it was seldom enforced in the informal sector, which comprised approximately one-half of all workers. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets occupational safety and health (OSH) regulations that are appropriate for the main industries. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they may face other punishments for their action.

Authorities conducted inspections but did not effectively enforce minimum wage, hours of work, and OSH standards. Penalties for violations were not commensurate with those for similar crimes. The number of labor inspectors was not sufficient to enforce compliance. Inspectors had the authority to conduct unannounced inspections and to recommend sanctions. The Public Ministry, the independent prosecutors’ ministry, is responsible for pursuing and applying penalties for labor violations uncovered by labor inspectors; in practice it infrequently applied penalties.

Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Federation of Free Trade Zone Workers reported that some companies in the textile industry set up “four-by-four” work schedules under which employees worked 12-hour shifts for four days. In a few cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of the maximum allowable work hours.

Conditions for agricultural workers were poor. Many workers worked long hours, often 12 hours per day and seven days per week, and suffered from hazardous working conditions, including exposure to pesticides, long periods in the sun, limited access to potable water, and sharp and heavy tools. Some workers reported they were not paid the legally mandated minimum wage.

Industrial accidents caused injury and death to workers. During the year a court ordered a fuel supplier to pay two million Dominican pesos ($34,000) to the family members of three workers killed in a 2018 explosion at a plastics factory that left six persons dead and many others wounded.

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