DOMINICAN REPUBLIC Law and Practice Contributed by: Giselle Pérez Reyes and María Virginia Ditrén Báez, Guzmán Ariza Abogados
additional voluntary consultations to strengthen social relations beyond formal requirements. The law does not grant communities veto power, but adequate consultation is a mandatory precondition for obtaining an Environmental Licence. Deficiencies in consultation – either substantive or procedural – can delay or block project approval. The Dominican Republic does not recognise Indig - enous or traditional peoples as specially protected communities within its legal framework. Unlike juris - dictions such as Canada, the United States, Australia, Brazil, Peru or Colombia, Dominican law does not pro - vide differentiated rights, prior-consultation regimes, collective land protections or cultural heritage safe - guards tailored to Indigenous groups. This absence of a specialised regime is primarily his - torical. The Indigenous Taíno population that inhabited the island at the time of European contact did not survive as a distinct cultural or ethnic group due to demographic collapse during the colonial period. As a result, the Dominican Republic does not have legally recognised Indigenous peoples whose cultural con - tinuity or ancestral territories would require specific statutory protection. Consequently, the Constitution and ordinary legislation do not establish Indigenous status, associated rights, or special consultation or participation obligations. 2.5 Impact of Specially Protected Communities on Mining Projects In practice, all community engagement obligations, social impact considerations and cultural heritage protections applicable to development or mining pro - jects are governed by the general legal framework – particularly Law No. 64-00 on Environment and Natu - ral Resources – which provides for public participation through the EIA process and grants the Ministry of Environment authority to protect archaeological, pal - aeontological and cultural resources of national inter - est. 2.6 Community Development Agreement for Mining Projects Community development agreements (CDAs) are not mandatory in the Dominican Republic. Neither Mining
Law No. 146-71 nor Law No. 64-00 on Environment and Natural Resources requires formal benefit-sharing agreements, co-management structures or revenue- sharing mechanisms with local communities. Nevertheless, CDAs or similar voluntary arrange - ments are increasingly used in practice, particularly for large-scale mining projects. These agreements often address local employment commitments, pro - curement opportunities, infrastructure development, social investment initiatives and grievance-handling procedures. They are frequently used to complement regulatory social management requirements and strengthen a project’s social licence. 2.7 ESG Guidelines and Regulations The Dominican Republic has not adopted a dedicated ESG regulatory framework specifically for the miner - al sector. There are no stand-alone ESG statutes or mandatory reporting standards applicable exclusively to mining companies. However, several existing laws incorporate ESG-aligned requirements that operate collectively as the country’s de facto ESG framework. Law No. 64-00 on Environment and Natural Resourc - es establishes EIA, mitigation, monitoring and public- participation obligations that align with environmen - tal and governance principles. Social considerations – such as community engagement, resettlement, cultural heritage and grievance mechanisms – are integrated into the EIA process and enforced through environmental licensing conditions. Mining operators are increasingly adopting voluntary ESG standards, including IFC Performance Stand - ards, ICMM Principles and corporate sustainability reporting practices, particularly for projects involving international lenders or multinational companies. Overall, while no formal ESG-specific regulations exist for the mining sector, ESG-related obligations are embedded within the broader environmental and social regulatory framework and are reinforced through industry practice and investor expectations. 2.8 Illegal Mining Illegal mining does occur in the Dominican Repub - lic, but it is mainly associated with informal artisanal
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