DR Constitution Reform

[RonS]

I gather that no one is surprised with the President's proposal to permit him to run again. I'm curious as to why this is a bad idea. I'd also like to hear what you think about some of the other proposals.

[NotLurking]

Originally Posted by RonS

I gather that no one is surprised with the President's proposal to permit him to run again. I'm curious as to why this is a bad idea. I'd also like to hear what you think about some of the other proposals.

I'm not surprised with the proposed modification by the president to article 49, it was expected. IMHO, this modification would have been done eventually by Fernandez or other future president. The proposed change seeks to eliminates the lifetime barring of the sitting president, after a consecutive second term in office, to seek the Presidency. The proposed change, as I understand it, will not allow the sitting president to pursue a consecutive third term in office but will now allow the ex-president to run for the presidency again in the future.


The proposed modification I like the most and think it was very much needed is the restriction to obtaining Dominican nationality based on Jus Solis. The proposed change will not grant Dominican nationality to those born on Dominican territory to foreigners regardless of the migratory status. In essence this means that Dominican Nationality at birth will be obtained by Jus Sanguinis; a change to the constitution I agree with.

Here is a link that outlines the proposed changes:
La República - Proyecto de reforma a la Constitución sometido por el presidente Leonel Fernández

NotLurking

[Mr. Lu]

The electoral reform presents a serious problem here. Many nations have moved towards consecutive re-elections and modification of their Constitutions to allow multiple re-elections, but I believe the thirst for power has made many forget the reason why the "Nunca Jamas" was inserted in the constitution to begin with. It's to avoid dictatorial rule and the Trujillo-esque problems associated with it.

Fernandez is smarter than this and I guarantee he knows that by amending the constitution he is only opening the door for future leaders to take advantage of re-election, a la Balaguer. With an ability to be re-elected don't doubt that there would be an increase in electoral fraud in order to guarantee a candidates success at the poles. But what does Fernandez care, he'll either be dead or France once this happens.

He has cultivated his image based on his intellectual capacity, but has based his policies in the same light as Balaguer, sans the murders and intimidation. End of the day this is a Pandora's box. Honestly, think about it, would you want Hipolito Mejia or Miguel Vargas as president for 4, 8, or 12 years?!?!?

As for the Jus Solis and Jus Sanguis amendments, I can see the tangible changes and the issues this addresses, but how much of this particular reform is related to Haitian migration. If we were neighbors with a more developed nation, would there be the need to insert such parameters in the Magna Carta?

But there is a twist, as reported on DR1 yesterday. The reform does include the possibility of obtaining citizenship if the parent is unknown: But Dominican nationality would be granted to children whose parents are unknown, usually the poorest. Another exception is in cases where the country of origin does not grant nationality to children of citizens born outside its territory.

I guess it is all up to legal interpretations and precedents set in the courts.

As per other proposed reforms, I believe that combining congressional elections with the presidential elections is a GREAT idea. I am tired of the constant bombarding of political BS. Every two years there is an election for something. It's expensive and it needs to stop. Could there be an increase in fraud due to the limits of the electoral system? Don't know.


And finally I think many of the men here who marry a Dominican woman would be happy with this purposed reform: It also amends the current discriminatory rule, allowing a man, and not only a woman, as at present, to opt for Dominican nationality upon marrying a Dominican national.

Interested to read responses,






Mr. Lu

[Texas Bill]

I agree with your assessment of the three "highlighted" ammendments and the logical analysis which seems to support these ammendments.

On the otherhand, I am against the primary ammendment on allowing more than 2 consecutive tenures in the office of Presidente. Or, did I read that provision incorrectly? I would think that this is but , as you say, opening thedoor eventually to allowing a "Presidente for Life" which would be the same as a Dictator, yet allowed by the basic Law of the Land.
I think I am merely paraphrasing what Mr. Lu and NotLurking have already posted, so I'll not post further on those subjects.
As to "Orphans" being automatically given citizenship, that is readily acceptable by all societies, tho' I forecast an increase in "uknown-parent" birthrates in the future, particularily among the Haitian population, and for obvious reasons.

Texas Bill

[A.Hidalgo]

I agree with Mr Lu and Tex that this proposed article will allow a certain percentage of Haitians to become citizens. I am sure the Jesuit order pushed hard for this. They are fierce defenders for the rights of Haitians in Dominican territory. In my opinion this article takes some of the teeth out of Jus Sanguinis. On a moral plane I have no problem with it.

Artículo 16. Son dominicanas y dominicanos:
C. Los nacidos en el territorio nacional de padres desconocidos o apátridas.

Persons who are born in the country "of unknown parents or persons without countries" will be Dominicans according to Section c) of the proposal.

Reform will affect 254 articles - DiarioLibre.com

[Hillbilly]

I had the privilege of talking with one of the Constitutional lawyers that drew up the amendments. According to him, things are pretty tightly sealed up, with not a lot of wiggle room.

One of the changes has to do with "marriage", and it is defined as the union of a man and a woman. This will bring down the wrath of the gay and lesbian community.

The part where it says "unless the country of origin has legislation that assigns citizenship...or words to that effect,....is for Haitians, whose constitution does say that all Haitians born anywhere are Haitian....it seems to be a way to g et around all of the Human Rights groups...

Apparently, Pres. Fedez has upped the upper limit of numbers of deputies...it was "supposed to be" 120 according to many reports it seems to have grown to something like 250....

If you can read Spanish, go to diario libre dot com and download the amendments.

HB

[asopao]

What they need to include in the reform is change the name of the country into Republic of Quisqueya.

It is time to change the ridiculous name " Dominican Republic".