Foreign Relations of the United States, 1964–1968, Volume XXXII, Dominican Republic; Cuba; Haiti; Guyana

121. Telegram From the Department of State to the Embassy in the Dominican Republic¹

Washington, August 4, 1965, 4:38 p.m.

181. For Bennett and Bunker. We all appreciate fine job you are doing under unusually difficult circumstances. This telegram is limited to aspects of communist problem covered in Embtel 324:²

1. We assume that any “private agreement” along the lines described in reftel would eventually leak. This would place United States in interventionist light and might destroy usefulness Garcia Godoy. Suggest consideration (a) memo be shown and discussed with Garcia Godoy by both of you making it clear to him this is course we would like to see him follow; (b) verbal understanding covering high points problem between OAS Committee and Garcia Godoy; and (c) agreement on text of a letter from Garcia Godoy as Provisional President to his Minister of Interior and to Director of Investigations.

2. Key offices on communist problem will presumably be the Minister of Interior and Director of Investigations. Suggest there be an oral understanding between OAS Committee and Garcia Godoy on who will be appointed to these two key positions. They should be anti-communists by conviction.

3. We believe that no communist should hold any position whatever in provisional government. (Communists defined as members of one or more of the three communist parties or those who are subject to control of one or more of these parties.) Furthermore, we doubt any positions in provisional government should be given communist “sympathizers”, however recognize this may not be feasible.

4. Agree that National Department of Investigations should be given responsibility for organizing and coordinating anti-subversive activities. How soon do you estimate recruiting could be accomplished and Department made a going, efficient operation once provisional government is established? We agree USG should provide assistance to this department but doubt this should be put in any written form until provisional government is set up. Same comment re paragraph five of reftel.

5. We agree that Department Investigations should keep communists and their sympathizers under close observation but we doubt that as practical matter this can be done if communists are at large.

6. We agree that Dominican communists who entered country illegally after receiving training in communist countries should be arrested for violation of existing law prohibiting use of false identification documents. Is it clear that proposed amnesty to rebels will not be construed as preventing this? We also agree that Provisional President should promptly issue decree-law making it possible to arrest and convict for illegal possession of weapons. We also agree that Provisional President should issue decree-law prohibiting organization of political parties whose aims are incompatible with principles of representative democracy. Is this intended to supplement existing laws making the three existing communist parties illegal? Can we assume these existing laws will be in effect during provisional government period? We also agree that Provisional President should issue decree-law designed to prevent use of radio and press for slander and incitement to subversion. However we doubt wisdom of attempting to formulate code of conduct for press and radio or anything smacking of censorship. Would not strict enforcement of carefully drafted decree-law relating to slander, incitement to subversion and promotion of unrest accomplish desired objective?

7. While we assume from reftel those possessing false identification documents or unregistered weapons would be subject to arrest and conviction, it is not clear to us whether existing decrees and other laws which we assume would remain in force after provisional government established are adequate in sense of enabling authorities promptly and effectively to arrest and convict those who are engaged in various forms of subversion. We are reviewing information available to us here re existing laws on this subject and request report with detailed information re specific laws and comments re their adequacy. Dominican courts have a reputation for having been very ineffective in the past. Is there any reason to believe they will be more effective in the future even assuming the legal provisions are adequate for dealing with communist problem? Perhaps even more important is question of whether Institutional Act, particularly Article 2,³ will vest in provisional government broad powers to issue such additional decrees as may be necessary to deal adequately and effectively with communist activities. We are reviewing draft of Institutional Act here with this question in mind and would also appreciate your views on this.

8. We are backing away from suggestion that decree-laws should be approved by majority of Cabinet for fear that this may introduce same kind of indecision, lack of leadership and paralysis as exists in collegiate Uruguayan government today. We now believe Garcia Godoy should have authority to issue decrees as President of provisional government. If safeguards are deemed desirable or would facilitate your negotiations suggest provision to effect President will “consult” with Cabinet before issuing decree but making it plain that majority support in Cabinet is not necessary. Additional possible safeguard could be that a two-thirds majority of Cabinet could veto any decree issued by Provisional President.

9. We continue to be concerned about Article 26⁴ of Institutional Act and Garcia Godoyʼs statements that no Dominican will be deported by Provisional Government. In addition to doing everything we can to make sure that laws are adequate and courts will enforce them, we think there should be understanding with Garcia Godoy about internment of communists if this should prove to be necessary. Internment could be on some Dominican island as Bosch suggested or at some place on Dominican mainland. This would be safeguard against possibility that communists will be clever enough to avoid possession of illegal weapons or false documentation and, since they will presumably have amnesty except for common crimes, it will be difficult to prove that they have violated some specific Dominican law.

10. Obviously ability of Provisional Government to deal with communists will depend to large extent on will of Garcia Godoy. Are we satisfied that he has made no commitments which would impede his ability effectively to deal with whatever communist problem arises and that he has the will to act? Would appreciate resume of your conversations to date with Garcia Godoy on handling communist problem.

11. Question of command of armed forces is also intimately related to this problem. We should take every precaution to insure that not only Minister of Defense but Commanders of Army, Navy, Air Force and Training Center are anti-communist by conviction.

Rusk

1. Source: National Archives and Records Administration, RG 59, Central Files 1964–66, POL 15 DOM REP. Secret; Exdis; Priority. Drafted by Mann on August 3; cleared by Bundy, Leonard Meeker (L), Vaughn, Read, and Ball; and approved by Rusk and Mann.
2. Document 119.
3. The final version of Article 2 reads: “The provisional president shall legislate on any matter not contrary to the provisions of this Institutional Act but approval by two thirds of the members of the cabinet shall be required when laws on the following questions are concerned: a. changes in the legal money and banking system; b. election of judges of the supreme court of justice; c. changes in the political boundaries of the national territory; d. approval or denunciation of international treaties; e. declaration of war against other states; f. sending Dominican troops abroad; g. establishment or abolition of courts of any nature; h. declaration of a state of siege in the event of disturbance of the public peace and, as a result thereof, suspension of the exercise of human rights set forth in Articles 16, 20–23, 30, 33 and 34 of this Institutional Act; and i. declaration of a state of national emergency, suspending the exercise of human rights with the exception of the inviolability of life.” (The OAS Chronicle, October 1965, p. 25)
4. The final version of Article 26 reads: “No Dominican may be expelled from the country. The deportation or expulsion from Dominican territory of any alien shall take place only by virtue of a sentence rendered by a competent court, after compliance with due legal formalities and procedures.” (Ibid., p. 28)