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FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 2505
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
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RUEHCV/AMEMBASSY CARACAS PRIORITY 0976
RUEHGE/AMEMBASSY GEORGETOWN PRIORITY 1138
RUEHKG/AMEMBASSY KINGSTON PRIORITY 2927
RUEHLP/AMEMBASSY LA PAZ MAR 0527
RUEHPO/AMEMBASSY PARAMARIBO PRIORITY 1262
RUEHPU/AMEMBASSY PORT AU PRINCE PRIORITY 4958
RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 1966
RUEHUB/USINT HAVANA PRIORITY 0248

UNCLAS SANTO DOMINGO 000386 
 
SIPDIS 
SENSITIVE 
 
STATE FOR WHA/CAR AND DRL/IRF 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV ECON DR
SUBJECT: EVANGELICAL GROUPS CHALLENGE DOMINICAN-VATICAN 
CONCORDAT 
 
¶1. (U) Summary: The Concordat signed by the GoDR and the 
Vatican in 1954 designated the Catholic Church as the 
official church of the Dominican Republic.  In October of 
2008, the Supreme Court rejected the Evangelical Church's 
challenge to the constitutionality of the Concordat.  In 
response to the Supreme Court's decision, a group of 
evangelical churches has attempted to pass a "Religion Law" 
to gain more equal treatment of the different churches in the 
country.  End Summary. 
 
¶2. (U) On October 22, the Supreme Court denied an appeal by 
the Evangelical Church and other Protestant churches, who had 
argued that the Concordat, which has existed between the 
Catholic Church and the GoDR since the dictator Trujillo 
signed it in 1954, is unconstitutional.  The group of 
churches argued that making the Catholic Church the official 
church of the country violated the constitutional rights to 
freedom of expression and religion.  The Concordat provides 
the Catholic Church with several benefits, including access 
to public funds for the construction of churches, exclusion 
from import tariffs, and recognition of marriages performed 
in the Catholic Church.  Under the Concordat, marriages 
performed by the Catholic Church are recognized as equally to 
civil marriages.  Additionally, divorce is illegal for those 
married in the Church although it is permitted for civil 
marriages.  The Concordat also requires that the Catholic 
religion and its precepts be taught in all public 
institutions, including schools, orphanages and prisons. 
 
¶3. (U) In its October decision, the Supreme Court ruled that 
although the Catholic church received several specific 
benefits under the Concordat, the Concordat does not prohibit 
the state from granting those same benefits to other 
religions.  As an example, the Court noted that although 
schools are required to teach Catholic religion and morals, 
there is no prohibition to teaching other religions as well. 
Likewise, while the Supreme Court noted that the Catholic 
Church's marriage records merit significant confidence, 
because they have been maintained for centuries, other 
churches could also seek to have their marriages recognized 
without the need for a sepaate civil ceremony (as is the 
case currently). 
¶4. (U) Following the Court's ruling, a group of Eangelical 
churches proposed a "Religion Law" tha would grant churches 
outside of the Catholic reigion many of the same benefits 
granted to the Caholics under the Concordat.  The Religion 
Law wold create a registry for all churches and religiou 
institutions and associations; exempt religiousinstitutions 
from paying taxes on purchases and onations; grant the 
institutions a public monthlysubsidy for operating expenses; 
recognize marriaes performed in the institutions as civil 
marriaes; and authorize the institutions to erect chapels in 
public hospitals and prisons. 
 
¶5. (SBU) After the announcement of the proposed Religion Law, 
the Catholic Bishops held a meeting and expressed their 
concerns over its anticipated effects.  Principally, they 
worried that ministers without adequate preparation or 
experience could be performing marriages, and that this could 
lead to churches being opened solely to gain economic 
benefits in the name of religion.  PolOff spoke about the 
proposed law with the Executive Director of the Jesuit 
Service for Refugees and Migrants (SJRM), who Post knows to 
be rational and relatively objective.  He stated that while 
he does not see a problem with providing other churches with 
the same benefits that the Catholic Church enjoys, he 
believes that the Evangelical churches are only seeking to 
gain benefits and a more privileged status for their 
ministers.  He echoed the concerns that the Catholic Bishops 
have regarding the possibility that the system of marriages 
through other religions could lead to corruption and rent 
seeking activities. 
 
¶6. (U) Because the previous Congressional session did not 
consider the Religion Law, the Evangelical church is 
currently awaiting the next session for consideration of 
their proposed law. 
 
 
¶7. (SBU) Comment: Evangelicals and others believe that the 
Concordat has long been a weak point in Dominican religious 
freedoms, and that prejudice in favor of the Catholic Church 
extends beyond the benefits stated in the Concordat.  For 
example, churches outside of the Catholic order often 
complain that their requests for building permits are delayed 
for years at a time while the Catholic Church is given nearly 
instant approval and public funding for its structures.  The 
Religion Law will face large hurdles being considered early 
in the next Congressional session due to significant time 
being devoted to President Fernandez's proposed 
constitutional reform.  Likewise, it is unlikely that there 
is a strong general will to consider the law given that only 
approximately 20 percent of the population is non-Catholic. 
Post will continue to monitor the progress of the proposed 
law and its effects on religious freedom. 
BULLEN