A/HRC/26/15
87.
Somalia commended the progress identified in the national report. It noted that 74 of
the 79 recommendations made during the first UPR cycle had been accepted, and that the
implementation of many of those had begun. Somalia made recommendations.
88.
Montenegro welcomed the ratification of CAT, and asked how it would be
implemented, notably in cases of excessive use of force by law enforcement officials,
especially in prisons. It requested details of the measures taken following the
recommendations made by the Committee on the Elimination of Discrimination against
Women. Noting decriminalization of abortion in some cases, it asked whether legislation
would be amended in cases of rape, incest or fetal malformation. Montenegro made
recommendations.
89.
Mexico noted Criminal Code reform in areas such as domestic violence, slavery and
racial segregation. It commended the establishment of the Constitutional Court and the
Human Rights Unit in the Attorney General’s Office. It applauded the ratification of CAT
and other efforts to combat torture, and urged cooperation with the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment. Mexico made
recommendations.
90.
Regarding the question raised by Liechtenstein and the Netherlands on the Kampala
Amendments, the delegation reported that the amendments were under internal
consultation, but that in the draft Penal Code under consideration by Congress, all grave
crimes under the Rome Statute, including the crime of aggression, were established as
criminal offences.
91.
Regarding the question raised on LGBT community, the Dominican Republic
reported that it guarantees their rights, in accordance to articles 8 and 39 of the Constitution
regarding the right to equality for all. The draft Penal Code also included norms against
discrimination, the Dominican Republic had co-sponsored the declaration aiming to fight
discrimination based on sexual orientation and there were no restrictions on public
activities such as the Caravan of Gay Pride.
92.
Regarding the questions raised on the ruling of the Constitutional Court by several
delegations, the delegation stated that in the Dominican Republic all persons, including
foreigners, had access to the rights to health, education and work. The decision of the
Constitutional Court did not affect any person who had been born in the Dominican
Republic and issued with a valid birth certificate. Those who had been born in the
Dominican Republic and who were registered on the Civil Register but had irregular
documentation, as long as that documentation had not been obtained by fraudulent means,
might benefit from a special law that would allow them to acquire Dominican nationality.
Those who did not wish to apply under that law could appeal to the Court.
93.
In its ruling, the Court stated that nobody could be deprived of documentation by an
administrative process but that the procedure must be in line with the Court procedures. In a
first survey of the Civil Register, there were 53,847 children of foreigners on the register, of
whom 24,392 were registered irregularly. In order to deal with the cases of those children,
the Government had proposed a special bill that would recognize those persons as citizens
of the Dominican Republic, as they did not have links or roots in any other country. The
President will bring the draft before Congress once the next regular legislative period
started.
94.
As a result of Constitutional Court ruling TC0168/13, no one had lost their
nationality and no person had been affected. The ruling only determined that any person
that had been proved to be irregularly registered, i.e., not in in compliance with the law in
force at the time of their birth, would be individually subject to a nullification process
before the competent courts, which would decide on the validity of his or her documents.
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