Legal framework on freedom of religion and actual application
The Preamble of the Constitution of the Dominican Republic invokes God. The national Coat of Arms includes a Bible and a Cross in the middle (Article 32). The national motto is “God, Country and Liberty” (Article 34).
Article 39 stipulates that all people are born free and equal, that they are entitled to the same protection and treatment and enjoy the same rights, freedoms, and opportunities, without discrimination based on, among other things, gender, colour, religion or political opinion.
Article 45 upholds freedom of conscience and worship, subject to public order.
Religious marriages have, according to Article 55 (4), civil effects in the terms established by law, without prejudice to the provisions of international treaties.
Although the state is not confessional under the constitution, a concordat with the Holy See has been in place since 1954. It states that the “Catholic religion […] is the religion of the Dominican Republic and shall enjoy the rights and prerogatives to which it is entitled” (Article 1).
In conformity with this treaty, the state recognises the international legal personality of the Holy See and of all its religious institutions and associations. It also guarantees the Catholic Church the free and full exercise of its spiritual power and jurisdiction and its free and public acts of worship.
The government guarantees religious assistance to the members of the Armed forces and facilitates religious assistance in schools, hospitals, and prisons. The state guarantees the teaching of the Catholic religion in public schools, except for students whose parents ask for an exemption. It also recognises the civil quality of marriages celebrated in accordance with canon law.
Law 122-05 on the Regulation and Promotion of Non-Profit Associations sets the procedures and requirements that must be met for the state to recognise non-Catholic religious organisations and grant them legal personality. Once these requirements are met, they can enjoy tax exemption status.
The General Education Law upholds freedom of education, while private schools may offer religious and/or moral instruction in accordance with their own pedagogical ideas (Article 24).
Law No. 198-11 regulates the terms and conditions under which the civil effects of religious marriages celebrated by non-Catholic Churches are recognised.
In May 2019, following a favourable report by the Human Rights Commission, two draft proposals concerning a religious freedom bill were merged into one and then into a third, which was submitted in June 2021; the bill, however, failed to go forward. In October 2021, its backers urged the Chamber of Deputies to approve it in the next session.
The bill incorporates several elements such as the obligation for religious entities and Churches to register, the prohibition of any breach of public order, a ban on discrimination on the basis of religious belief, the right to conscientious objection, the right to observe religious holidays and days of rest, and the right of religious organisations to receive public funding.
Incidents and developments
In general, there is a positive relationship between the State and Churches. In September 2021 for example, the Christian Dialogue and Representation Roundtable welcomed the Minister of Education’s announcement that it would provide Bibles to schools. In October, the Global Network of Religions for Children (GNRC) brought together religious leaders to discuss ways to work in favour of children. In November, the Dominican episcopate made a proposal to the government to set up a Ministry of the Family.
This cooperative relationship continued in 2022. In March, the Minister of the Presidency, Lisandro Macarrulla, took part in the Cristo Rey carnival during which he was honoured for his contributions to society. In June of the same year, the government agreed to provide funding to the Evangelical Council of the Assemblies of God to build a church in recognition of its contributions to society. At the ceremony, officials stressed the government’s commitment to support Dominican Churches in their charity work and concern for the family.
Notwithstanding the above, some controversies emerged in the period under review. One of them concerned the government’s plan urging citizens to be vaccinated. The program received the support of the Catholic Church and the Dominican Council of Evangelical Unity (Consejo Dominicano de Unidad Evangélica, CODUE), however, other religious groups rejected the plan. As the pandemic developed, in October 2021 other steps were taken to fight COVID-19, such as requiring a proof of vaccination card to enter closed spaces, except churches.
Another controversial issue debated concerned a proposed new Penal Code. In February 2022, in the traditional message for Independence Day, Catholic bishops took the opportunity to demand a Penal Code that condemned abortion and paid special attention to the situation of the Dominican family, important in a society that increasingly promoted principles contrary to family unity and the institution of marriage. They also called for dialogue to address the problem of immigration.
A final polemic concerned a memorandum issued by the Director General of the National Police to regional directors in May 2022. The note called for recording those members who “would participate in Catholic Sunday Masses and Evangelical religious services”. The officers were to “submit a report to this [National Police] office every Monday with data on members, churches and photographic images of activities”. The memorandum sparked accusations of espionage on Churches, to which the police responded saying that it was only meant to strengthen ties with the different sectors of society, always based on respect for the constitutionally protected freedom of worship and religion.
Prospects for freedom of religion
In the 2021-2022 period, no incidents of discrimination or violations of religious freedom were reported. The government openly acknowledged the positive contributions of religious groups to the country.
Despite the police memorandum, a lack of progress in the law concerning religious freedom, and debates concerning the issue of abortion within the proposed new Penal Code, the prospects for freedom of religion remain positive.
Dominican Republic