Dominican Republic amends constitution

Julieta Gutiérrez

Tuesday, Nov. 24

SANTO DOMINGO, Dominican Republic - Despite widespread opposition, the Dominican Congress has voted in favor of a constitutional amendment that will prohibit consecutive presidential re-election when it comes into force on Dec. 10.

Senate leader and Constitutional Review Assembly President Reinaldo Pared said, according to EFE, that he was "deeply satisfied" with the legislators' work and described the new amendment as one of the "most progressive" in the country's history.

One of the effects of the amendment will be to ban consecutive presidential re-election, although, according to El Nuevo Diario, former presidents will be able to run for office again after spending a term out of power. Also amended is Article 55, which will now prevent abuse by limiting the special powers granted to the president.

Particular controversy surrounds Article 30, a measure backed by conservative groups that declares life inviolable from the time of conception and penalizes abortion even on therapeutic grounds. The new constitution also recognizes civil marriages celebrated in evangelical churches.

Despite public opposition, the legislators also voted to regulate private access to rivers, lakes, beaches and the coast. Until now, these have been publicly owned and access has not been controlled, except where it would violate private property rights.

The new rules on citizenship, which have been described as a sort of hybrid between citizenship by descent and citizenship by birth, are the result of an agreement between President Leonel Fernandez and opposition Dominican Revolutionary Party leader Miguel Vargas. Although citizens' right to protest against the violation of their rights is now recognized, El Nuevo Diario is critical of the lack of provisions for a public prosecution service independent from the executive branch.

The new constitution has been criticized, according to EFE, by bodies such as the Institutionalism and Justice Foundation, Citizen Participation and even by the Dominican Supreme Court. Business groups were also scathing, calling it "a shameful constitution, a receptacle of political interests that has curtailed citizens' rights and implicitly turned away from a transparent public administration."

The Dominican Republic's Constitution has been amended 37 times since its enactment in 1821, Diario Digital noted, when the country declared its independence from Spain.

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