US embassy cable - 04SANTODOMINGO790

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 
--------------------------------------------- ---- 
 
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 
--------------------------------------------- - 
 
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 
------------------------------------------- 
 
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 
--------------------------------------------- --------- 
 
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 
--------------------------------------------- ----------- 
 
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 
--------------------------------------------- ------ 
 
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