Santo Domingo, 7 November 2024. As part of a follow-up mission to the Dominican Republic, the International Federation for Human Rights (FIDH) visited the Punta Catalina area and Los Tres Brazos this week to monitor and verify cases of pollution and corruption that have been plaguing the country.
Punta Catalina
In February 2024, the United Nations Special Rapporteurs on Toxic Substances, the Right to Safe Drinking Water, and Health publicly addressed the Dominican state expressing concern over the lack of mitigation measures to address the risks posed by the Punta Catalina Thermoelectric Power Plant (CTPC). They requested information on the effects of air emissions and toxic waste on human health, as well as on the quality of air, water, soil, and groundwater. This communication was accompanied by a letter addressed to the Punta Catalina Electric Generation Company (EGEPC), requesting that it provide information on its processes to identify and prevent harm caused by its activities.
FIDH urges the State and CTPC to engage in dialogue with the affected communities, mitigate the negative impacts, and repair the damages.
"We denounce that despite the United Nations’ recommendations, neither the company nor the State have initiated that dialogue. It is concerning that, to this day, no representative from the presidency or the relevant ministries has engaged with the population to hear or address the concerns. This is despite the fact that EGEPC responded to a letter from FIDH in 2023 expressing its willingness to form a dialogue table but requested that this information not be made public", said Jimena Reyes, director of FIDH’s Americas desk. With only two days remaining before the end of the mission, neither the Ministry of Health, the Ministry of Environment, nor the company had agreed to meet with the mission representatives.
In the Peravia province, FIDH met with various leaders from the affected communities: fishermen, farmers, landowners, and others. These meetings allowed FIDH to ascertain the severity of the environmental and human damage caused and observe that the population’s demands are still active, one year after FIDH, the Institute of Lawyers for Environmental Protection (INSAPROMA) and the National Committee for the Fight Against Climate Change (CNLCC) published a report. Of particular concern is the health situation, with an increase in kidney and lung diseases.
This occurs against a backdrop of total impunity regarding the Odebrecht case, in which millions of dollars in bribes were allegedly paid for the construction of the plant. FIDH denounces the decision to absolve those responsible for this corruption who had been convicted in the first instance.
Los Tres Brazos
The mission also met with the victims of the Los Tres Brazos corruption case. The case originates from a 2010 purchase contract between the Dominican Corporation of State Enterprises (CORDE) and the commercial company Inversiones Fernández Parache & Asociados, S.R.L. (INFEPA), for parcels of land sold at a ridiculously undervalued price. The residents of these parcels were then forced to buy the land they already lived on - many had legal titles granted by the Directorate General of National Property - at inflated prices through loans to the families. Some had to abandon their homes, as the substantial loans were very difficult to repay.
"We congratulate the residents of Los Tres Brazos for their perseverance in their struggle, which led to the annulment of the sale contracts last month. We call on the companies not to appeal this decision and on the State to accelerate the land titling process", said Manuel Ollé, professor of criminal law and international criminal law at the Complutense University of Madrid.
Some of those responsible for this scam were to be judged, but in an unprecedented decision, the Fourth Collegiate Court of the Criminal Chamber of the First Instance Court declared the criminal case null, instead of following the order to open a trial from the Court of Appeals.
Finally, in light of the serious reports of mass deportations of Haitian migrants, FIDH is concerned about the arbitrary nature of these deportations, the extortion of Haitian migrants, and the failure to respect the rules that the State accepted under the Protocol of Understanding on Repatriation Mechanisms between the Dominican Republic and Haiti, signed on 2 December 1999. FIDH emphasises the need to respect international standards and condemns the growing racism toward Haitians or Dominicans of Haitian descent, and more broadly, toward racialised people.