Last Friday, I attended an event at the New York University Law School, featuring Leonel Fernández Reyna, President of the Dominican Republic. In his talk – which I videoed with a flip camera – President Fernández responded to a question from Jaweer Brown, the Director of International Programs for Latin America and the Carribean at Planned Parenthood NYC, about Article 30 with this comment: “My own point of the view is that we should have limited it to just guaranteeing the right of life, not saying from conception to death”. Despite his criticism of the wording, the President has not suggested any amendments to the bill. See the full video below.

At speaking engagements outside of the Dominican Republic, President Fernández has disagreed with Article 30; however he has not spoken up at home. He has not formally proposed amendments to the article, as it is in his power to do. He has decided not to intervene, he said last week at NYU, in order to respect the democratic process – a process whose outcome is in direct conflict with the population’s will. According to a recent survey, 80% of Dominicans are in favor of the decriminalization of abortion and 73% do not think this matter should be regulated in the Constitution. Check out an article (in Spanish only) about popular opinion here.

We deeply hope that President Fernández will make use of all legal means in his possession to take a brave stand on behalf of women’s and girl’s human rights.

Back in April, we wrote our first in a series of posts covering a development in reproductive rights law in the Dominican Republic that could effectively make any type of abortion unconstitutional and outlaw several forms of birth control. The development is a piece of legislation in the Dominican Congress called Article 30, which if passed as proposed will establish the right to life from conception.

There are a lot of Dominican feminists working very hard on this issue, along with support from international organizations. One of the Dominican groups is the Colectiva Mujer y Salud (site in Spanish), which has offices in Santo Domingo, Monte Plata, and Elias Piña. They’ve been keeping us in the loop about what is happening locally, and after the huge May 6th Gran Marcha, during which Dominicans took to the streets, many carrying signs that read “Vergüenza, vergüenza, que vergüenza de congreso” (“Shame, shame, shame on congress”). La Colectiva sent us a batch of really great photographs of the protest (one of them is above), shot by Lorena Espinoza Peña – you can see the full set of 36 photos on our Flickr stream.

There’s been a bit of a holding pattern happening over the summer, and we’re not quite sure when the next reading of Article 30 will be or when it will move forward within the Dominican government. I had a conversation with Jaweer Brown, the Director of International Programs at Planned Parenthood of New York City, about what activists can do. Planned Parenthood New York City has an office in the Dominican Republic which is the hub of their work in Latin America, and they’ve been working closely with Colectiva Mujer y Salud to support women’s access to reproductive health care and safe abortion. Jaweer said that while we’re waiting for more information about when the next reading of Article 30 will take place, “It’s important to work to raise awareness, particularly among Dominicans, which in New York is a significant population.” She emphasized, “There needs to be greater debate about reproductive health in the Dominican Republic, with public mobilization and open discussion of the issues.”

Here are some suggestions on what you can do:

• If you are a Dominican citizen (including folks from the Dominican Republic who live in the United States), you should contact your representative and urge them to strike Article 30. Find your Senator here and your Diputado here.
• For people in the international community who want to help, things are a little less concrete. At the moment, it’s best to stay informed, keep engaged with the information coming from the Dominican Republic about the issue, and encourage your Dominican friends to make their opinions known to their representatives.

Yesterday there were protests in the Dominican Republic: La Gran Marcha. Our colleagues at Colectiva Mujer y Salud were there, and Lorena Espinoza Peña was taking pictures. More information on what’s happening is on the ColectivAndo blog (in Spanish).

You can see more of these great photos by Lorena Espinoza Peña on our Flickr photostream.

For the past few weeks, the national Congress of the Dominican Republic has been reviewing a controversial bill that would amend the Constitution and define the right to life “from conception to death.”  On April 21, 2009, Article 30, was approved by the executive branch under pressure and threats from the Catholic hierarchy and right-wing extremists.

Article 30 would represent a significant step back for women’s human rights, and approximately 100 civil society organizations have organized a number of mobilizations, including a national march on Congress on May 6.   To see photos of the protests, click  here.

In addition to voicing opposition to Article 30, women’s rights organizations are asking that during the second reading, when, according to the regulations governing the assembly, Article 30 must be discussed and is once again subject to approval, Congress modify its language or maintain the current language of the Constitution.

In light of this serious situation, Colectiva is requesting support and a show of solidarity on May 6.  Please write to the Dominican Republic embassy in your country and let them know that women’s health and rights will be compromised if the language of Article 30 is approved as it is now written.

Here is a sample letter, which you can send to the Embassy of the Dominican Republic in the United States by emailing
embassy@us.serex.gov.do:
Dear Mr. President of the Dominican Republic, Dr. Leonel Fernández Reyna; Mr. President of the Parliamentary Assembly for Constitutional Review, Senator Reynaldo Pared Pérez; Mr. Vice-President of the Parliamentary Assembly for Constitutional Review, Deputy Julio César Valentín:

On April 21, 2009, Article 30, which amends the current Constitution of the Dominican Republic by establishing the right to life “from conception to death,” was approved under pressure and threats from the Catholic hierarchy and right-wing extremists.

This article will severely and negatively impact public policies, medical practice, scientific development and women’s lives, especially poor women. It also violates international agreements signed and ratified by the Dominican Republic, such as the International Covenant on Civil and Political Rights, the American Convention on Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women.

Article 30 limits women’s autonomy, and denies them their human rights. In light of the significant step backwards that the approval of Article 30 would represent for the human rights of Dominican women, I ask that during the second reading, when Article 30 must be discussed and is once again subject to approval, you reject the proposed language and maintain the current language of the Constitution.

Sincerely,
[NAME]

Our colleagues at the Colectiva Mujer y Salud have been keeping us updated on the activist mobilizations around the issue. Photographer Lorena Espinoza Peña sent us a fantastic set of photos taken at a protest last week. Check them out in the slideshow below or on our Flickr photostream. The signs you see being held up in lots of these pictures translate to, “Shame, shame, shame on Congress.” Amnesty International has also released a statement (PDF) urging the Dominican Republic to pass legislation that enhances women’s health and rights instead of restricting them.

The folks at Colectiva are putting together a statement that we’ll post here once it’s finalized and has been translated from the original Spanish. In the meantime, check out this flier for a protest in the Dominican Republic on Thursday (click image for hi res version).

Created with Admarket’s flickrSLiDR.

Unfortunately, we just got word from our colleagues at Ipas that yesterday the National Assembly voted by a huge majority, 167-32, to approve Article 30:

This decision will have serious repercussions for the health and rights of women and girls in the Dominican Republic. While the word conception was not defined in Article 30, legislators and the Catholic Church have made it clear that they define life as beginning before implantation. This means that efforts to modify the penal codes that criminalize abortion would have no legal standing.

Adding insult to injury, at yesterday’s session some legislators also discussed increasing the criminal penalties for illegal abortions.By defining life as beginning before implantation legislators and others can then argue that most forms of contraception, including IUDs, EC, and hormonal contraceptives, could be considered as violating the right to life.

Emphasis mine. Scary stuff indeed. According to our colleagues in Latin America, there is some possibility that some of this will be renegotiated. We’ll keep you updated as we know more.

Please take two actions today to support Dominican women as they fight to retain access to the sexual and reproductive health care they need and want:

(1)    Sign a petition, asking the Senate President Reinaldo Pared Pérez  and President of the House of Representatives Julio Cesar Valentin Jiminian to stand strong for women’s rights, and
(2)    Send a letter to the Presidents of the Senate and House to express your concern women’s rights are being eroded in the Constitutional reform process and demand that they stand up for women’s rights and health. Read a sample letter, Spanish language only, here.

What is happening with women’s rights in the Dominican Republic?
The Dominican law that criminalizes abortion is over 100 years-old and prohibits abortion even in cases of rape. Spurred by a push from women’s rights advocates, the executive branch decided to reform the law in August 2006. In the summer of 2007, public hearings were held on decriminalizing abortion. While this review process is still ongoing, it has been further complicated by a decision to undertake Constitutional reforms.

Recently, President Leonel Fernandez proposed new Constitutional language to establish the right to life from conception. Women’s rights and health advocates, led by Colectiva Mujer y Salud, are concerned that this new language could make it illegal for women to use contraceptives or assisted reproduction and stop any progress on making abortion safe and legal.  Please speak out today on the right of all women and girls to access comprehensive sexual and reproductive health care, which must include contraceptives, safe abortion care, and other services they need to fully realize their rights.

Susanna Smith is the Program Officer for Communications at the International Women’s Health Coalition. Read her bio  here .