Will a bid to reform the Constitution be submitted?

The nation was abuzz with rumors that Wednesday, 10 July 2019 would be the day. Nothing happened. Speculation is now that the request to start the process to reform the Constitution would be submitted on Friday, 12 July. Media is reporting on the tense situation in the inside and outside of Congress. The area is militarized.

During a morning session with a large attendance, 96 deputies voted for a 30-day extension for applicants to the position of ombudsman. Deputies that are loyal to former President Leonel Fernandez and those of the largest opposition party, the Modern Revolutionary Party did not vote. But the motion passed with 96 votes of Medina followers and allies from the Dominican Revolutionary Party (PRD) and the Social Christian Reformist Party (PRSC).

Shortly afterwards, the president of the Chamber of Deputies, Radhamés Camacho suspended the session early on Wednesday, 10 July 2019, and convened a Friday session for 10am. Rumors abounded that President Danilo Medina supporters had carried out a rehearsal and were readying to submit the call for the constitutional amendment process to begin to the Senate that day. Deputy Fidel Santana of the Frente Amplio speculated that this would give time that same week to then move the motion to a session of the Chamber of Deputies that was extraordinarily called for Friday, as reported in Hoy. Deputy sessions are held on Tuesdays, Wednesdays and Thursdays, and very rarely on a Friday.

The rules establish that once the proposal is approved in one legislative chamber, it must reach the other within 24 hours, thereafter opening the floor for discussions of the proposed amendments to the 2015 Constitution.

Santana says that he has information that up to RD$70 million is being offered to legislators for their vote to amend the Constitution so that Medina can be the presidential candidate of the ruling Dominican Liberation Party (PLD) in the 2020 general election.

The PLD will be holding its primary on 6 October 2019, but the present constitutional ban impedes President Danilo Medina from being the presidential candidate. Parties need to register their presidential candidates by 22 August 2019.

The 2015 Constitution establishes that in order to convene the National Assembly for Constitutional Revision, the presence of more than half the members of each house of Congress is needed (Art. 271). Once this is called, Congress has 15 days to decide on the proposed amendments or introduce others. Constitutional amendment decisions need the affirmative vote of a two-thirds majority.

Followers of President Danilo Medina have enough votes to pass whatever motion in the Senate. Nevertheless, there is speculation that Medina followers have not ensured enough votes among the dissident followers of former President Leonel Fernández and opposition members to pass the desired amendments in the Chamber of Deputies.

So far, deputies loyal to former President Leonel Fernández and members of the largest opposition party, the Modern Revolutionary Party (PRM), have presented a united front against the amendment of the Constitution.

There is talk that on the agenda for constitutional reform is a change in the makeup of the National Council of the Magistracy (CNM). This is backed by civic society in the Dominican Republic. A constitutional change in the 2010 Constitution had enabled then President Leonel Fernández to eventually control the court that chooses the superior court judges. The proposed amendment would reverse the Executive Branch’s deciding power over the judicial system.

Also on the constitutional reform agenda would be the unifying of the municipal elections with the congressional and presidential elections for the 17 May 2020 date. 2020 would be the first year in which the modality would be implemented.

And, most importantly on the constitutional agenda is the amendment that would enable President Danilo Medina to seek a third term in 2020 or be eligible to run for President in 2024.

Time is running out. The regular working period for Congress ends on 26 July 2019. The Presidency could order the term be extended to14 August 2019. The presidential candidacies need to be registered at the Central Electoral Board (JCE) no later than 22 August 2019.

In a late development, on Wednesday, 10 July 2019, the presidential pre-candidate for the opposition PRM party, Luis Abinader called for people to congregate as of 9am on Friday, 11 July in front of the National Congress to protest against the possible convening of the constitutional assembly. “I want to make it clear that continuity does not have the necessary votes and could only be achieved through bribery,” Abinader said.

Supporters of former President Leonel Fernández say they would appeal to the Constitutional Court if a motion to amend the Constitution is presented to Congress. Diario Libre reported that legislators that are loyal to former President Leonel Fernández met yesterday evening at the Global Foundation for Democracy and Development (Funglode). Leonelistas argue a meeting of the expanded Central Committee of the PLD is required to revoke the pact. They argue that the 34-member Political Committee cannot decide. That 15-point pact signed in 2015 enabled Medina to run for a second term in 2016 election and limited presidential terms to two periods.

Tourism Minister and member of the PLD Political Committee, Francisco Javier García has called for disciplinary measures within the party. García says the Political Committee should decide the differences. Medina has majority in the Political Committee.

It was reported that Reinaldo Pared Pérez, the president of the Senate, met with President Danilo Medina at the Presidential Palace on Wednesday, instead of attending the Senate session of the day.

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Will a bid to reform the Constitution be submitted?