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View Full Version : Conservative constitutional review



NewsWhore
04-23-2009, 06:30 PM
It is now in doubt that the DR could boast a modern constitution, reports Diario Libre in a front-page story where its highlights the way in which conservative thinking has prevailed in the changes legislators have approved for the Constitution so far. The newspaper reports that archaic, traditional concepts are being incorporated in the Constitution, such as in the areas of abortion, freedom of expression and good civic conduct.
The Revisory Assembly has approved three more articles of what will be the new Constitution, and sent number 40 to a commission. The proposed article 40 would give constitutional category to the protection of professional secrets, the clause of journalistic confidentiality and the right to answer or retort. In the face of the number of modifications presented, the assembly members agreed to send this article to a commission that would seek to reconcile more than 15 suggestions for changes. Later, the commission will present a draft of the consensus on the right that a person has to freely express his thoughts, ideas and opinions through any media, without any previous censorship. The commission members will be designated by the leadership of the National Assembly in coordination with the coordinating commission and will be announced in Tuesday's session next week.
Article 37 was approved exactly as sent by the Executive Branch, and orders that "All persons who are legally in the national territory have the right to move about, reside and leave the country freely, subject to legal dispositions." No Dominican can be expelled from the national territory nor barred from entering the same, except in those cases where international extradition conventions signed by the Dominican State exist. All persons have the right to request asylum in the national territory in case of persecution for political reasons. Terrorism, crimes against humanity, administrative corruption and transnational crimes are not considered political offenses.
Also approved without any modification was Article 38 from the President's proposal that reads: "All persons have the right to associate for legal ends and in accordance with the law." The assembly members approved the inscription of Section II of Chapter I that deals with "Economic, social and cultural rights."
The President's proposal contained in Article 39 was rejected. This article said "All persons have the right to get together, publicly or privately, without previous permission, for legal ends and without weapons. Meetings in public places will be governed by the law." As a result of the rejection, the current number 7 of Article 8 of the Constitution will remain as is. This article, if not changed during a second reading, establishes "The freedom of association and of meeting without weapons, for political, economic, social, cultural or any other reason, as long as by its nature it is not contrary or threatens public order, national security or good behavior."
Article 41 of the proposal was approved with some changes. This article says that, "All persons have the right to dedicate themselves to the economic activity of their preference, with no further limitations than those contained in this Constitution and those established by law."
The electronic system failed for the first time since the start of work by the Assembly, halting work for a few minutes, but it was quickly repaired.
Even though it was approved on the first reading and apparently will not be changed, the article relating to the right to life continues to be debated in the Congress. Assembly president Reinaldo Pared Perez says he believes that some modification may be possible during a second reading although he does not agree with this idea. Meanwhile, Julio Cesar Valentin revealed that there was pressure, fear and even terror among many assembly members when the time came to vote on controversial article 30.

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