Dominican Republic introduces updated freedom of expression draft law amid concerns over restrictive intelligence legislation’s impact on fundamental freedoms

Introduction

Dominican President Abinader stands firm on border security amid crisis in Haiti

In response to the worsening crisis in Haiti, Dominican President Luis Abinader has reinforced his commitment to national security. After closing the border with Haiti in September 2023, he has further tightened border controls. Abinader revealed that around a year and a half ago, U.S. government officials approached him about possibly establishing a Haitian refugee camp in the Dominican Republic, but he rejected the idea, and the matter was not pursued. Abinader has made it clear that, as long as he is in office, he will not allow refugee camps on Dominican soil and has defended his country’s right to deport those who are “illegally present.”

The UN Refugee Agency (UNHCR) has urged the Dominican Republic to urgently accept Haitians fleeing their country. In a report, UNHCR criticised the Dominican Republic for repatriating Haitians with little regard for human rights, arguing that Haitians should be granted refugee protection and not returned to a country where gangs are terrorising the population.

Expression

President Abinader introduces updated legislation on freedom of expression and media

On 8th April 2024, President Luis Abinader introduced a draft Law on Freedom of Expression, Audiovisual Media and Digital Platforms to members of the national press, aiming to modernise the existing legislation on freedom of expression.

The Consultative Commission, composed of legal experts and media professionals, developed the draft law on Freedom of Expression (CCLEXRD), established by Decree 333-22. According to official sources, the draft law seeks to update the 1962 Law on Freedom of Expression, which no longer aligns with the current constitutional framework or the needs of modern times. Key aspects of the draft law include ensuring freedom of expression without prior censorship, protecting the right to access information and regulating digital platforms with respect for human rights and transparency. It also proposes the creation of the National Institute of Communication (Inacom) as an autonomous regulatory body.

In addition to these updates, the draft law includes provisions for media accountability, protection of children and vulnerable groups and establishes rights such as the correction of publications and the right to reply. It repeals outdated laws, including the 1962 Law on Freedom of Expression and the 1949 Law establishing the National Commission on Public Entertainment and Broadcasting, with Inacom taking over as the new regulatory authority.

In the 2023 Chapultepec Index, published by the Inter-American Press Association (IAPA), the Dominican Republic ranked first for the first time, scoring 81.08 points in the development of freedoms in the Americas, including freedom of expression and a free press. Chile and Jamaica followed with scores of 78.85 and 76.78, respectively.

Concerns raised over new Dominican Intelligence Law and its impact on press freedom

On 15th January 2024, President Luis Abinader signed Law No. 1-24, establishing the National Intelligence System and the National Intelligence Directorate (DNI). The law, which was passed by the Senate in two consecutive sessions on 11th January, centralises the DNI as a state body responsible for protecting national security and coordinating matters related to the National Intelligence System.

The new law has sparked fears of self-censorship and erosion of constitutional rights, as Article 11 mandates that all state agencies, private institutions and individuals must provide the DNI with any requested information, regardless of privacy protections, if related to national security. Local media organisations, including the College of Journalists and the Dominican Society of Newspapers, have criticised the law’s vague language and its potential to impact press freedom, privacy, and professional confidentiality negatively.

Roberto Rock, President of the Inter-American Press Association (IAPA) and director of La Silla Rota in Mexico, acknowledged the need for national security but warned that such broad regulations could jeopardise the confidentiality of journalistic sources and the right to privacy. The Inter-American Press Association (IAPA) and the Pan American Institute of Law and Technology (IPANDETEC) have expressed serious concerns about the law’s implications for freedom of expression, privacy and data protection. On 22nd January, they urged authorities to review and amend the law to prevent abuses related to surveillance and persecution.

Peaceful Assembly

National Police pensioners demand compensation and health insurance in tense protest

On 13th February 2024, pensioners of the National Police marched in Santo Domingo to demand compensation, salary increases, health insurance and other benefits. According to media reports, at least four protesters were injured when Dominican National Police officers used tear gas to disperse the protest. According to media reports, security forces forcefully responded to the protest, allegedly using tear gas and rubber bullets, resulting in four protesters injured.

The protesters then moved to the Ministry of Finance, where some retired police officers chained themselves to the doors of the state institution, declaring they would not leave until their demands were met. A commission later entered the Ministry of Finance to mediate the situation.

The Dominican government blamed opposition political sectors for organising the protests, which it considers “unjustified”, and claimed that the current administration is fulfilling its promises. The government reported that in December 2023, it had paid pensions for 2016-2021 to 3,300 police officers and that the Ministry of Finance is working on the payment for 2022-2023 for around 2,500 pensioners.

Lawyers march against new National Intelligence Law

On 9th February 2024, lawyers from the Dominican Republic Bar Association (Colegio de Abogados de República Dominican, CARD), along with civil society organisations, marched to the National Palace in Santo Domingo to protest Law No. 1-24 (see expression). According to the CARD’s President, Miguel Surun Hernández, the legislation authorises the extrajudicial interception of telephone and electronic communications and imposes penalties on those who fail to provide information to the DNI.

Surun Hernández emphasised that Law 1-24 poses a significant threat to fundamental rights, including freedom of expression, access to information, privacy, professional secrecy and state transparency. He highlighted that the law undermines the separation of powers and violates several constitutional articles. Particularly concerning is Article 26, which imposes prison sentences of two to three years on those who do not provide requested information, including journalists, lawyers, doctors, banks and telecommunications companies. Hernández also warned that the law legitimises phone tapping and electronic surveillance against political opponents and journalists.

Cibao coalition of popular organisations strikes over cost-of-living crisis

On 13th November 2023, the Cibao Coalition held its second regional strike of the year, partially paralysing the northern region for 24 hours in protest against the high cost of living, rising fuel prices, increased electricity tariffs, and shortages of medicines and essential services.

As reported in the press, Osvaldo Brito, spokesman for the Collective of Popular Organisations of the Cibao, stated: “Under the current corporate government, the quality of life has deteriorated, and basic services have become increasingly precarious with rising prices. The escalating cost of the basic food basket, fuel, and electricity are major concerns for citizens. Additionally, low wages and rampant inflation clearly reflect the government's neglect of vulnerable populations and the small and medium productive sectors.”