(New York)- The Dominican Republic's Constitutional Court will hear a challenge on August 30, 2024, to laws that criminalize consensual same-sex conduct by officers in the police and armed forces, Human Rights Watch said today. In an amicus curiae brief, Human Rights Watch said that these discriminatory laws violate the rights under international law of lesbian, gay, bisexual, and transgender (LGBT) officers to equality, privacy, and the ability to work without fear, among others.
Article 210 of the Code of Justice of the National Police and article 260 of the Code of Justice of the Armed Forcespunish same-sex "sodomy" by officers with up to two years and one year in prison, respectively. No such criminal penalties exist for heterosexual sexual acts.
"These draconian laws are a stain on the Dominican Republic's human rights record and contribute to an unchecked discriminatory environment in the police and armed forces," said Cristian González Cabrera, senior researcher at Human Rights Watch. "State-sanctioned bigotry has no place in a democratic society governed by the rule of law and in a region that has mostly disavowed the criminalization of private sexual acts between people of the same sex."
The Dominican Republic does not ban same-sex conduct by private individuals. Yet, it lags behind on LGBT rights, lacking comprehensive civil anti-discrimination legislation, same-sex marriage or civil union rights, and gender identity recognition for transgender individuals, Human Rights Watch said. In recent months, LGBT activists have criticized a proposed criminal code for not providing protections based on sexual orientation and gender identity, including hate crimes provisions.
In 2019, a viral video exposed a Dominican army sergeant in a same-sex encounter, leading to his dismissal. The army cited a "duly proven serious fault that tarnishes the morals and ethics of the institution." The sergeant filed an appeal. An administrative court dismissed his case in 2021 on procedural grounds, but the sergeant filed a new appeal and is awaiting a final decision.
In 2014, the then-director of the National Police told a congressional committee that existing legislation "does not allow people who are homosexual" to be part of the force. In response to questions about what would happen to homosexual officers already in the police force, the then-director asked for them to be identified, news reports said.
Anderson Javiel Dirocie de León, one of the lawyers leading the constitutional challenge, told Human Rights Watch: "The discriminatory provisions mean that LGBTI officers serve in constant fear of being discovered, sanctioned, and losing everything, including their livelihood. The provisions convey a message from the state that LGBTI people are inherently unfit to perform public functions and can be considered criminals for being who we are."
In 2004, the Dominican Republic's congress passed a broad criminal procedure reform that limited the ability of the police and the armed forces to criminally sanction officers, but made clear that those institutions retain their administrative "disciplinary powers." In 2019, the Constitutional Court clarified that criminal cases against officers should be heard by ordinary criminal courts, but it did not strike down the provisions on sodomy in the security forces' codes of justice.
In recent years, countries in the region, including Peru, Ecuador, Venezuela, and the United States, have scrapped laws that criminalize same-sex conduct by officers.
In its amicus curiae brief, Human Rights Watch said that the criminalization of same-sex conduct violates international standards, including the rights to be protected against arbitrary and unlawful interference with one's private and family life and to one's reputation or dignity, as emphasized by the United Nations independent expert on sexual orientation and gender identity.
While the provisions under constitutional challenge prohibit same-sex conduct only in the military and police context, they make the Dominican Republic one of the few remaining countries in the Americas to criminalize same-sex conduct.
Five Anglophone countries in the Caribbean - Jamaica, Grenada, Guyana, Saint Lucia, and Saint Vincent and the Grenadines - still have such laws on the books, a relic of British colonialism. Consensual same-sex conduct remains criminalized in 63 countries, including in places like Iran, Myanmar, and Sudan.
"President Luis Abinader and Congress should not wait for the Constitutional Court ruling and should promptly introduce legislation to repeal these outdated and discriminatory laws that meddle in officers' private lives," González said. "Repealing these laws would send a strong signal to LGBT people and the world that the principles of equality and nondiscrimination are of the utmost importance in the Dominican Republic."
