DOMINICAN REPUBLIC: SUPPORTING HUMAN RIGHTS AND

UNCLAS SECTION 01 OF 03 SANTO DOMINGO 000790

SIPDIS

DEPARTMENT FOR WHA/CAR (MCISAAC)

E.O. 12958: N/A
TAGS: DR ELAB KDEM KPAO KSEP PGOV PHUM PREL
SUBJECT: DOMINICAN REPUBLIC: SUPPORTING HUMAN RIGHTS AND
DEMOCRACY

REF: SECSTATE 333935


1. The following is the Embassy response to reftel.

Human Rights Record in the DR and the US Strategy
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2. President Hipolito Mejia of the Dominican Revolutionary
Party (PRD) took office in August 2000 after a generally free
and fair election. Although there were some improvements in
a few areas, the Government,s human rights record was poor
and serious problems remained. Weak Dominican public
institutions at times failed to protect fundamental human
rights and enforce the rule of law, undermining democratic
consolidation in the Dominican Republic. Expeditious trials
were problematic due to cumbersome judicial procedures and
understaffed, under-funded and under-motivated justice system
institutions including the judiciary, Public Ministry,
investigative police and public defenders. Police continued
to use excessive force, and unlawful killings increased.
Domestic violence was a growing problem. Worsening economic
conditions, in part due to the collapse of one of the
country,s largest commercial banks, contributed to societal
anxiety and speculation that the 2004 presidential elections
might be conducted in a biased or fraudulent manner. To
address these concerns, the 2003-2004 U.S. human rights and
democracy strategy for the Dominican Republic encouraged free
and fair presidential elections, promoted respect for human
rights, fostered more internally democratic political
parties, promoted police reform, addressed child labor
problems, built respect for internationally recognized labor
standards, combated trafficking in persons, developed a
career civil service, and supported judicial reforms and the
rule of law.


3. U.S. officials routinely highlighted human rights concerns
in public speeches. On various occasions throughout the
year, Ambassador Hertell stressed the importance of human
rights in public and private fora. Assistant Secretary of
State for Western Hemisphere Affairs Ambassador Roger
Noriega, in an address to the Dominican Congress in December
2003, outlined U.S. policy concerns including human rights,
the rule of law, trafficking in persons, building democratic
institutions and the need for transparent elections. The
U.S. Trade Representative and the Assistant Attorney General
for Civil Rights also raised these priorities in meetings
with Dominican Government officials during their visits to
the Dominican Republic.

U.S. Efforts to Strengthen Police and Military
Respect for Human Rights
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4. The U.S. engaged the Government of the Dominican Republic
(GODR) on methods to reduce extra-judicial killings, torture
and unwarranted violence by members of the National Police.
A Human Rights and Democracy Fund (HRDF) grant awarded in
September 2003 will allow for the creation of Police Abuse
Reporting Centers in 2004. Through U.S. assistance to human
rights NGOs and the National Police Institute of Human
Dignity, citizens will be able to submit complaints of police
abuse to three reporting centers. The reporting centers will
create an information system to register and channel
complaints, and a separate database to profile human rights
abuses for research purposes. This system will streamline
National Police efforts to focus on problem areas and reduce
abuse by officers. As a result of this project, human rights
violations committed by police will be reduced and more
police officers will be sanctioned.


5. The mission invested more than $500,000 in U.S. Government
funding for the National Police to develop a new curriculum
at the Police Academies for recruits and for future officers.
The revised police curriculum includes training on police
methods analogous to U.S. standards. In compliance with the
Leahy Amendment, the Military Assistance and Advisory Group
worked closely with the Armed Forces to vet military units
for U.S. training and checked candidates with other Embassy
offices.

U.S. Promotes the Rule of Law and Democracy
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6. The U.S. promoted the rule of law in the Dominican
Republic by supporting implementation of judicial reforms.
U.S. technical assistance supported a survey of the cost of
implementing the 2002 Criminal Procedures Code, which will be
fully effective in September 2004. With our help, in
November 2003 the Supreme Court of Justice issued several
resolutions requiring the National Police to obtain an arrest
warrant from a competent judicial authority before arresting
or detaining a suspect, except for persons caught in the act
of committing a crime. Also in November, the Attorney
General,s office issued a resolution requiring that a
defendant have counsel at all phases of criminal proceedings
and that police and prosecutors read a &Miranda warning8
informing defendants of their rights upon arrest.


7. U.S. technical assistance and training also strengthened
the efficiency and effectiveness of the judicial system.
With U.S. help to create a public defense program, the GODR
appointed 14 public defenders and 2 investigators and
processed 1,052 cases in 2003 -- a tremendous accomplishment
in an ongoing effort to reduce the backlog of pending cases.
The U.S. provided technical assistance to the Prosecutorial
School and for the development of a Public Ministry Career
Statute. The statute, published in July 2003, established a
professional mechanism of selecting attorneys appointed
through a civil service system.


8. In May and September 2003, the U.S. provided training on
prosecuting money-laundering cases. Funding from the U.S.
Department of Justice Office of Overseas Prosecutorial
Development Assistance Training (OPDAT) provided training for
60 Dominican judges, prosecutors and law enforcement officers.

U.S. Engages Civil Society and Promotes Clean Elections
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9. In order to encourage participatory democratic practices
within political parties, the U.S. sponsored Dominican
participation in civic education and exchange programs in the
U.S. In February and March 2003, USAID in partnership with
the National Democratic Institute (NDI) funded five young
community activists who attended a seminar in Washington on
political party leadership. Upon their return to the
Dominican Republic, the participants implemented local
projects to bolster democratic processes within their
respective parties. The U.S. also funded a program to
promote women,s participation in politics. The program
focused on methods to foster women as voters and as
candidates for office.


10. The Embassy had a strong interest in promoting democracy,
particularly in view of the upcoming 2004 presidential
election. The United States is seeking to fund international
election observers through the Organization of American
States (OAS) to improve transparent, fair elections. Through
U.S. assistance to NGO partners, 6,000 Dominican volunteers
were also selected and trained to observe the May 2004
elections.

U.S. Efforts to Combat Domestic Violence and Child Labor
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11. To address the reported upsurge in domestic violence, the
U.S. sponsored a project to prevent domestic and gender-based
violence in the Dominican Republic. USAID provided technical
assistance to help raise public awareness about the issue.
Once fully implemented, the project will assist the Women,s
Secretariat to develop guidelines for accreditation and

SIPDIS
regulation of model women,s shelters. The U.S. also
sponsored training in the United States for Dominican women
with disabilities.


12. Throughout the year the United States continued to
encourage strong government support for efforts to eliminate
child labor, dedicating more than $3 million over a five-year
period to multi-year programs. The U.S. Department of
Labor--funded project targeted the worst forms of child labor
in the sex industry, tomato producing provinces, coffee
growing areas and hazardous agriculture provinces. U.S.
funding for these programs also included an educational
component to sensitize parents and school-age children to the
physical and sociological risks of child labor and to promote
school attendance. As a result of our assistance, in
September the Ministry of Labor declared one of the USDOL
targeted areas as one "free of child labor."

U.S. Launches Robust Campaign against Trafficking in Persons
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13. The U.S. engaged the GODR in a robust campaign to combat
trafficking in persons. USAID funded an NGO partner to help
draft comprehensive anti-trafficking legislation, which was
passed by the Dominican Congress in July and signed into law
by the President in August 2003. In addition, USAID missions
in the Dominican Republic and Haiti received a grant to study
the problem of Haitian children trafficked to the Dominican
Republic. The U.S. Government also provided technical
support to a newly created trafficking unit at the National
Police. At the Embassy,s urging, a trafficking unit was
also created at the Attorney General,s office.
Additionally, the United States funded several training
courses for members of the National Police, prosecutors and
judges on implementing the new law against trafficking in
persons. In September 2003 a grant was approved to develop a
curriculum at the USAID-supported Judicial School to improve
processing of trafficking in persons cases. The U.S.
continued to meet with key officials to encourage prosecution
of traffickers.

Addendum:
The following are USG funded democracy and human rights
programs for $100,000 or more:

USAID - Electoral Assistance: $1,350,000
USAID - Democratization of Political Parties: $500,000
USAID - Strengthening the Justice System: $2,250,000
USAID - Anti-corruption Programs: $1,100,000
USAID - Institution Building/Civil Society: $267,000
USAID - TIP Joint Project DR/Haiti: $62,000
NAS - Police Academies Curricula: $500,000
NAS - TIP Curriculum for Judicial School: $108,000
HERTELL