Dominican Republic – IMM situation

IMM name: Commissioner for Human Rights

IMM type: Ombudsman Entity

CRPD ratification date: 28 December 2006

IMM legal framework: Dominican Constitution 2015, Law on Equal Rights for Persons with Disabilities No. 5-13

The Ombudsman of the Dominican Republic, an autonomous public entity of constitutional rank, created by Law No. 19-01 creating the Ombudsman, dated February 1, 2001, and recognized by articles 80.5, 83.3 and 190-192 of the Constitution. 144. The Ombudsman is an independent authority, an executor who is not subject to any limitation other than compliance with the law. Its characteristic is neutrality. The Ombudsman has functional, administrative, and budgetary autonomy. The essential objective of the Ombudsman is to safeguard the personal and collective prerogatives of citizens, enshrined in the Constitution, if public administration officials violate them. Likewise, it must ensure the proper functioning of the public administration, so that it conforms to morality, laws, agreements, treaties, covenants, and general principles of law. In the exercise of their ministry, the Ombudsman will be vested with full powers and faculties in order to initiate, ex officio or at the request of a party, any investigation that leads to the clarification of acts or omissions of the public sector and non-public entities that provide public services. The Ombudsman or their deputies may inspect public offices and those entities that provide public services, without prior notice, and request from them all the documents and information necessary to carry out their work, which will be provided free of charge. Its mission is to safeguard the fundamental rights of people against illegal or arbitrary actions or omissions of the public sector, private providers of public services and collective and diffuse interests.

Qualification of the NPOs of and for people with Disabilities for participation in the National Directory of CONADIS in accordance with Chapter IV of Regulation 363-16 that establishes, the Executive Directorate of CONADIS will be in charge of authorizing NPOs to serve and represent people with disabilities, in accordance with the special provisions on the matter, established in articles 35 and following of Law No. 122-05. , and articles 137 and following of its Application Regulation No.40-08. 150. Likewise, CONADIS will convene and organize, together with the ASFL in question, the assembly in which the representative or representatives, or their substitutes, that correspond to them according to Law No. 5-13, are elected before the organizations of CONADIS. For such purposes, CONADIS has a Division for the Strengthening of Non-Profit Associations, which manages a program designed for these purposes.

Since then, clear objectives have been established under the approach of providing technical assistance and support to organizations of civil society in the Disability area, within which has been executing what has been called "Program for the consolidation of skills in administrative, financial, strategic and institutional management of applied NPOs." These actions are framed within Regulation 363-16 on the Application of Law 5-13, which includes a chapter on Strengthening civil society organizations of persons with disabilities from a human rights approach. “Chapter iv on the accreditation of non-profit associations of and for persons with disabilities and their accreditation” 153. By 2019, 56 Non-Profit Associations of and for persons with disabilities were authorized and strengthened, grouping a total annual budget of RD$67,117,200.00 Dominican pesos. In this same year, CONADIS made the National Call for the Formation of the National Directory together with a “Protocol for Accreditation Of Non-State Entities In The National Directory Of The National Disability Council”. To date, the NPOs are still pending submission of their representatives before the Board of Directors.

The National Directory, made up of members of civil society of and for persons with disabilities and public institutions, was regulated in Application of Regulation 363-16. For such purposes, the application regulations contemplate that the organizations of and for people with disabilities that wish to be part of the Directory must comply with the authorization process established by Law 122-05 that regulates non-profit associations. Since 2016, CONADIS, through its Department for the Strengthening of Non-Profit Associations, has carried out qualifications and in 2019 it made the official call for the formal formation of the National Directory. However, organizations are still in the process of appointing their delegates according to each sector. Notwithstanding the foregoing and based on the process of strengthening the NPOs of and for persons with disabilities, they have played a role as co-responsible parties and immediate subjects for consultation in the implementation of initiatives for the development of the rights of persons. With disabilities not only through CONADIS but with the other public institutions that govern the different areas of application of the Convention.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building through education, outreach, media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State
• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in                 the disability and gender-equality legislation and programmes
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD

The IMM’s membership is composed of persons with disabilities and representatives of organizations of persons with disabilities only in the case of the national directory. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. The selection process has been carried out in accordance with the legal provisions described below: Article 80, numeral 3 of the Constitution of the Dominican Republic, provides the following as powers of the Senate of the Republic: “To elect the Ombudsman, his alternates, and his deputies, from the lists presented by the Chamber of Deputies, with the vote of two-thirds of those present. Similarly, article 83, number 3 of the Constitution, establishes the following as powers of the Chamber of Deputies: "Submit to the Senate the shortlists of the Ombudsman, his alternates, which may not be more than two, and the deputies, which may not be more than five, with the favorable vote of two-thirds of those present”. For its part, article 192 of the supreme law states: “The Ombudsman and his deputies will be appointed by the Senate for a period of six years, from short lists proposed by the Chamber of Deputies and will remain in office until they are replaced.

The Chamber of Deputies must choose the shortlists in the ordinary legislature prior to the completion of the term of office of those designated and will submit them to the Senate within a term that will not exceed fifteen days following their approval. The Senate of the Republic will carry out the election within the following thirty days.” Adding to the above, the article outlines that once the deadlines expire without the Chamber of Deputies having chosen and presented the shortlists, they will be chosen and presented to the Senate by the plenary session of the Supreme Court of Justice. If it is the Senate that does not carry out the election within the established term, the Supreme Court of Justice will elect from the lists presented by the Chamber of Deputies. Likewise, article 4 of Law no. 19-01 that creates the Ombudsman of February 1, 2021, modified by Law no. 367-09 of December 23, 2009, stated that the Chamber of Deputies will submit a slate of candidates for the position of Ombudsman, from which the Senate will select one of them. The Ombudsman will last a period of six (6) years, will be chosen with the favorable vote of two thirds (2/3) of the senators present, and may be elected only for a new period. The integration of the list of candidates of the Chamber of Deputies will be made with the favorable vote of two thirds (2/3) of those present. It should be noted that article 7 of the Law mentioned in the aforementioned paragraph, modified by Law No. 367-09 of December 23, 2009, states: In the same way, in addition to the Ombudsman, two (2) deputies, who will have to meet the same requirements and will have identical prerogatives and obligations to those of the Ombudsman.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism, they have a voice and the right to vote. Persons with disabilities participate in the decision-making process of the Independent Oversight Mechanism; they have a voice and the right to vote; through the National Directory. In addition, persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice throughout the deliberations.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org