Dominican Republic

The national mechanism for implementation, reporting and follow-up was until now the "Interinstitutional Commission for Human Rights". It was composed of representatives of all branches of the State (Executive, Legislative, and Judicial), as well as representatives of Civil Society, and it engaged with both UN and inter-American human rights systems.

Law 80-25 was recently approved, thus transferring the mandate of a national mechanism from the Ministry of Foreign Affairs to the Ministry of Justice and its new Vice Ministry of Human Rights (see below under INSTITUTIONAL SETUP).

This vice ministry will coordinate the National Human Rights Council, which will be recognized as the national mechanism in this area. This transition process will involve the transfer of the functions currently performed by the Interinstitutional Commission on Human Rights to the new Ministry of Justice. This represents a significant step for the Dominican State, consolidating the centrality of human rights in public management and in the design of public policies with a rights-based approach. In this same sense, the Ministry of Justice will become the governing body of all matters related to human rights, with the support and participation of the institutions that make up the new National Council. This reinforces the country’s commitment to the promotion, protection, and respect of the fundamental rights of all persons.

INSTITUTIONAL SETUP

The Interinstitutional Commission for Human Rights was created in 2004 by Presidential Decree 408-08.

A major change has occurred with the passing of Law 80-25, thus transferring the mandate of a national mechanism from the Ministry of Foreign Affairs to the Ministry of Justice and its new Vice Ministry of Human Rights.

The vice ministry of human rights is now in charge of coordinating the National Human Rights Council, which will be recognized as the national mechanism in this area. This transition process will involve the transfer of the functions currently performed by the Interinstitutional Commission on Human Rights to the new Ministry of Justice.

According to the Dominican Republic, this represents a significant step, consolidating the centrality of human rights in public management and in the design of public policies with a rights-based approach. In this same sense, the Ministry of Justice will become the governing body of all matters related to human rights, with the support and participation of the institutions that make up the new National Council. This reinforces the country’s commitment to the promotion, protection, and respect of the fundamental rights of all persons.

More updates on the way this will affect the information provided below will be submitted by the Dominican Republic in due course.

Composition

The Interinstitutional Commission for Human Rights includes representatives from the following entities/departments:

1. Ministry of Education
2. Ministry of Defence
3. Ministry of Public Health
4. Ministry of Labor
5. Ministry of Culture
6. Ministry of Youth
7. Ministry of Women
8. Office of the Attorney General of the Republic
9. National Police
10. National Council for Children and Adolescents
11. General Directorate of Migration
12. General Directorate of Penitentiary and Correctional Services
13. Social Assistance Plan of the Presidency
14. National Directorate of State Property
15. Ministry of Housing and Buildings
16. Central Electoral Board
17. Senate of the Republic
18. Chamber of Deputies
19. Judiciary
20. National Council for the Elderly
21. Ministry of the Presidency
22. National Council for HIV and AIDS
23. National Disability Council
24. Ombudsman
25. National Statistics Office
26. National Health Service
27. Ministry of Interior and Police
28. Ministry of Finance and Economy
29. Ministry of Environment
30. Ministry of Public Administration
31. Dominican Municipal League
32. Ministry of Higher Education, Science and Technology
33. Ministry of Agriculture
34. Ministry of Tourism
35. City Council of the National District
36. National Office of Public Defense

Institutional representatives are formally designated by the highest authority of each institution and transmitted to the Ministry of Foreign Affairs.

Secretariat

The Ministry of Foreign Affairs, through the Directorate of Human Rights, serves as secretariat and coordinating body for the national mechanism. It is chaired by the Minister of Foreign Affairs.

Among its functions, the secretariat: • Convenes, bimonthly, the 36 institutions that comprise it. • Manages training and capacity-building programs. • Keeps the formal record of the agreements reached. • Follows up on the international commitments assumed by the State in the area of human rights.

MANDATE

The mandate of the national mechanism includes:

• Submission of reports to UN human rights mechanisms (treaty bodies, Universal Periodic Review)
• Response to individual complaints from UN treaty bodies
• Response to communications (letters of allegation, urgent appeals, questionnaires) from UN Special Procedures and organization of Special Procedures visits
• Submission of reports to regional human rights mechanisms
• Submission of reports and follow-up of other processes, including those of the 2030 Agenda (SDGs)
• Follow-up of recommendations from human rights mechanisms (Special Procedures, treaty bodies, Universal Periodic Review)
• Implementation of recommendations from human rights mechanisms (including contributions to legislative changes)
• Human rights education and training

The Interinstitutional Commission for Human Rights engages with United Nations and inter-American human rights systems.

Process for the preparation of state reports

The Directorate of Human Rights of the Ministry of Foreign Affairs, in its capacity as technical secretariat of the Commission:

• determines and identifies the institutions responsible for responding to the various requests;
• It then launches formal consultations with the relevant departments and entities to collect data for the purpose of reporting;
• The report is drafted, ensuring coherence and avoiding duplications. Depending on the complexity of the matter, inter-institutional working groups may be formed to jointly address the preparation of the response.
• The report is shared with the institution governing the corresponding public policy and subsequently sent to the requesting body or entity to which the report must be submitted.

COORDINATION

The Interinstitutional Commission for Human Rights meets every two months.

Linkages with the 2030 Agenda and its Sustainable Development Goals

The work of the Interinstitutional Commission for Human Rights is supported by a digital tracking tool entitled the SIMORED Plus Platform. The latter connects all recommendations issued for the Dominican Republic against SDGs and SDG targets. The Government is therefore able to track progress on both human rights and the 2030 Agenda simultaneously.

Channel of communication with the National Statistics Office

The National Statistics Office (ONE) is an active member of the Commission, participating in all reports and work carried out, providing the relevant statistical data, as the national institution responsible for providing this type of data.

Channel of communication with Parliament

Parliament is represented in the national mechanism and therefore actively participates in its work.

Channel of communication with the Judiciary

The Judiciary has also been part of the mechanism since its inception and is an active member, providing responses and follow-up on issues within its competence.

CONSULTATION

The Interinstitutional Commission for Human Rights has a Civil Society Advisory Committee, in which most of the themes related to Human Rights are represented.

Likewise, when required, mass consultations are carried out, for example, during the processes of updating and expanding the National Human Rights Plan.

Similarly, through the media, relevant information is shared and training sessions are offered aimed at strengthening the capacities of participating organizations.

INFORMATION MANAGEMENT

Information management including data collection is facilitated by the use of a digital tracking tool entitled SIMORED Plus. An operational manual ((standard operating procedures) serves as a guide for representatives in the use of the tool. Likewise, periodic training sessions are held in order to reinforce their knowledge and ensure proper and efficient management of the platform.

NATIONAL ACTION PLAN

Through the Interinstitutional Commission for Human Rights, the National Human Rights Plan 2018–2024 was created. It is currently in its final phase (creation of the implementation report), from which the new governing institution (Ministry of Justice – see information under INSTITUTIONAL SETUP) should start for its possible renewal.

Ministry of Foreign Affairs – Directorate of Human Rights

Email: derechoshumanos@mirex.gob.do