President Gives Congress a Proposal for Constitutional Reform Law

Dominican President Leonel Fernández personally handed a Constitutional Reform bill to the National Congress which, among many things, proposes the reunification of presidential and congressional elections for the 2012.

It it is a proposal that I am sure will provoke debates and generate controversy but we must become oriented to the idea of unifying the electoral processes in the Dominican Republic,”

Speaking in the National Assembly hall, the President explained that the proposal consists of electing the senators and deputies in 2010 for a special period of just two years so that in 2012 they can hold general elections in which members of congress will be elected at the same time as the presidential elections are held, according to the Presidential Office of Information, Press and Publicity.

Fernández said this should be the object of discussion and consensus, adding that it should serve to establish mechanisms within the political parties that give the candidates of the 2010 elections the guarantees that they will be able to run for office again in 2012.

“It it is a proposal that I am sure will provoke debates and generate controversy but we must become oriented to the idea of unifying the electoral processes in the Dominican Republic,” said the President.

In terms of the article concerning presidential re-election, President Fernández suggested three criteria for “designing a mechanism or system in which no leader can remain in power perpetually.”

In terms of the article concerning presidential re-election, President Fernández suggested three criteria for “designing a mechanism or system in which no leader can remain in power perpetually.”

The third criterion seeks to create a mechanism that does not dispose of or underestimates the leadership that has accumulated experience in the exercise of power in the country.

“It seems to me that the combination of these three criteria, no to continuous, long-lasting power, yes to allowing for emergency leadership and no to underestimating accumulated experience will serve to create the necessary balance so the Dominican Republic can count on young and experienced political leadership which will ultimately be the guarantee for the consolidation of democracy in the Dominican Republic,” continued the Head of State.

He proposed another aspect, which he called innovative, and involves the creation of a Constitutional Guarantees Tribunal which would function like the Supreme Court of Justice.

[it] …establishes, in addition, the extension of the faculties and attributes of the National Council of Magistrates so that it is not made up exclusively of Supreme Court-appointed judges.

The proposal to reform the constitution presented by President Fernández establishes, in addition, the extension of the faculties and attributes of the National Council of Magistrates so that it is not made up exclusively of Supreme Court-appointed judges.

The draft bill also establishes limits of the country´s borders through a territorial organization system. It also specifies the concept of citizenship and the conditions for nationality for children born to Dominicans living outside the country. It establishes a public defender system within the country´s charter.

President Leonel Fernández formally presented the draft bill to the president of the Senate and the president of the National Assembly, Reinaldo Pared Pérez, who said the proposed bill “establishes the need for the Constitutional Reform in the Dominican Republic.”

Fernandez said he hoped the formal presentation of the draft bill will be the symbolic beginning of what should be a democratic revolution in the Dominican Republic, with a participatory constitution.

The president went on to explain that the mechanism to be used to implement the reform will be carried out through an inspection assembly and not a constitutional assembly because it is the only one with recognized legal validity in the country as established in Article 117 of the Constitution. He said that this reform will move the Dominican Republic closer to being a democracy with social and liberal rights.

The new Magna Carta will establish the figure of Public Defender, a constitutional hall in the Supreme Court Justice and a Judicial Power Council. The National Council of Magistrates will be expanded and a Supreme Electoral Tribunal will be set up with members to be chosen by the National Council of Magistrates and the other members to be chosen by legislators.

The President called the draft bill a comprehensive reform that modifies the organizational architecture of the current constitutional text. “It is a political modification of our entire constitution,” he added.

“For that reason, you will see that it is going to define the Dominican Republic as a democratic state.”

President Fernández said the first unique element consists of the fact that for the first time ever a constitution that is characterized as liberal is becoming one that also encourages a comprehensive social character. “For that reason, you will see that it is going to define the Dominican Republic as a democratic state.”

The constitutional reform bill was drawn up by a commission of jurists after consultation with various sectors under the auspices of the government.

This is the first time a sitting president has gone before the National Congress to present a bill of this type.

Present at the activity was Vice President Rafael Alburquerque, legislators of both chambers, government functionaries and the commission of jurists named by the Executive Office to help draw up the constitutional reform bill.

Also present was Agripino Núñez Collado, who formed part of the constitutional reform commission and the Secretary General of the Christian Social Reform Party (PRSC), Víctor Gómez Casanova, among other personalities.

See the entire Constitutional Reform Bill for the Dominican Republic