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TITLE: DOMINICA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1993
AUTHOR: U.S. DEPARTMENT OF STATE
DOMINICA
Independent since 1978, Dominica is a parliamentary democracy
and a member of the Commonwealth of Nations. Prime Minister
Eugenia Charles' Dominica Freedom Party, in office since 1980,
was reelected in 1985 and 1990 in free and fair elections.
The Defense Force was disbanded in 1981 following two violent
coup attempts. Since then the Commonwealth of Dominica police
have been the only security force. The police force, supervised
by the Commissioner of Police, includes a Coast Guard unit and
a Special Services Unit (SSU)--a small, paramilitary unit
established in 1983 by the Regional Security System of the
Eastern Caribbean states. There are no instances on record of
human rights violations by the SSU. The police are controlled
by and responsive to the democratically elected Government.
Dominica's mountainous terrain and periodic devastation by
hurricanes make it one of the least developed nations in the
Eastern Caribbean. The primarily agrarian economy depends upon
earnings from banana exports to the United Kingdom. Several
small industrial plants operate, but unemployment and
underemployment are high. Per capita gross domestic product at
current prices was estimated at $2,233 in 1992. The Government
is attempting to develop its tourist industry, to diversify
agricultural production, and to promote exports of raw fruits,
vegetables, and coconut products both within and outside the
region.
Human rights were generally well respected in Dominica,
although overcrowding and unsanitary conditions continued in
the prison, and there were charges of searches without cause of
young men in drug-related inspections.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearances or politically
motivated abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture or other forms of cruel,
inhuman, or degrading treatment or punishment, and there were
no reports of such practices. Prominent nongovernmental
organizations, trade unions, and the press reported that
allegations of harsh treatment by law enforcement officials
made in previous years have diminished. Overcrowding and
unsanitary conditions continue to be problems in Dominica's
only prison facility. An addition to the prison is under
construction, and during the past 2 years, the prison
instituted work therapy, sports programs, educational
opportunities, and counseling to offset the poor conditions.
d. Arbitrary Arrest, Detention, or Exile
The law requires that persons arrested or detained be charged
with a crime within 24 hours or be released from custody. This
is honored in practice except in rare cases in which, for
example, persons cannot afford legal counsel.
e. Denial of Fair Public Trial
Dominican law provides for public trial before an independent,
impartial court. Criminal defendants are presumed innocent
until proven guilty, are allowed legal counsel, and have the
right to appeal. Indigents are provided free legal counsel
only in capital cases.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary entry, search, and
seizure. Search warrants are required by law. While there
were no official reports of arbitrary government intrusions
into the private lives of individuals, most human rights groups
allege that young men are often searched with little or no
probable cause in drug-related inspections.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The right of free expression is provided in the Constitution
and adhered to in practice. The political opposition openly
criticizes the Government. Dominica's main radio station is
state owned but offers ample access for citizens to express
their views. There is also an independent radio station owned
by the Catholic Church which broadcasts, although it has not
yet been granted an official operating license.
Dominicans also enjoy good access to independent news sources
through cable television and radio reception from neighboring
islands. The principal newspaper was founded by the Catholic
Church, but the Church divested its interest in it in 1990.
The editorial stance of the newspaper remains progovernment,
but opposition viewpoints are prominently reported. During the
intraparty leadership campaign of 1993, a second weekly
newspaper, the Tropical Star, was inaugurated. It published
its political views without interference.
Political parties publish their own journals, and the
opposition United Workers' Party prints a weekly newsletter.
The Dominica Labour Party complained that a ban on live
broadcasts of parliamentary sessions, which continued in 1993,
is a form of censorship.
b. Freedom of Peaceful Assembly and Association
The Government respects the constitutionally mandated freedoms
of association and assembly and does not hinder opposition
groups from holding political meetings or public
demonstrations. Such meetings and gatherings were held
frequently throughout the year.
c. Freedom of Religion
Roman Catholicism is the predominant faith, and there are
various Protestant denominations. There are also small Muslim
and Rastafarian communities. While Rastafarians are not banned
from entering Dominica, they are not always looked upon kindly
by Dominican immigration officials. A "dread law" forbidding
dreadlocks (braided hair) was repealed over 10 years ago, but
harassment of Rastafarians still occurs occasionally. Outside
religious groups are not restricted in their activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
These rights are provided for by law and respected in
practice. The Government may revoke passports if subversion is
suspected but has not done so in recent times.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Dominica, independent since 1978, had a prior long historical
tradition of democracy and home rule. Power is exercised by a
Cabinet appointed by the Prime Minister. Elections are by
secret ballot and held every 5 years or earlier, at the
discretion of the Prime Minister. Elections in 1980, 1985, and
1990 were free and fair, and voter participation was high. The
1990 elections were contested by the incumbent Dominica Freedom
Party (DFP), the Dominica Labour Party (DLP), and the United
Workers Party (UWP). The DFP won 11 of the 21 parliamentary
seats, the UWP 6, and the DLP 4. As a result of a December 20
by-election, the UWP holds seven seats and the DLP three.
Prime Minister Charles plans to remain in office until the next
general election (due before 1995), but the DFP has already
chosen Foreign Minister Brian Alleyne to be Charles' eventual
successor as party leader.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no government restrictions on the formation of local
human rights organizations, although no such groups exist at
present. Several advocacy groups such as the Association of
Disabled People and a women and children self-help organization
operate freely and without government interference. There were
no requests for investigations of human rights abuses from
international or regional human rights groups during 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution includes provisions against racial and sexual
discrimination, which are adhered to in practice.
Women
Beyond the general protection of the Constitution, women do not
benefit from any specific civil rights legislation. There is
little open discrimination, yet sexual harassment is common.
Both the police and the courts prosecute cases of rape and
sexual assault. Under the law, victims may report sexual and
other violent abuse to the Welfare Department or to the police,
but there is no specific recourse for women who are abused by
their husbands. There is no shelter for battered women, but a
hotline manned by volunteers is available. The Welfare
Department often provides assistance to victims of abuse by
finding them temporary shelter, providing counseling to both
parties, or recommending police action. The Welfare Department
reports all cases of abuse to the police, although the police
are often reluctant to interfere in domestic quarrels.
Women's rights organizations advocate adoption of eight gender-
neutral draft laws developed by the Caribbean Community
Secretariat for Women's Rights. These proposals cover domestic
violence, sexual harassment, sexual offenses, inheritance, and
other matters but have not been introduced in Parliament.
Property ownership is deeded to "heads of households," who are
usually males. When the husband head of household dies without
a will, the wife cannot inherit the property or sell it,
although she can live on it and pass it to her children.
In the workplace, young women often are able to obtain jobs
because they are considered more reliable than their male
counterparts, who are often unemployed. The law permits
unequal pay for men and women in daily paid employment. In the
civil service, pay is attached to a specific job and is fixed,
whatever the gender of the incumbent. In the private sector,
there is no law requiring equal pay for equal work by salaried
workers.
Children
Legislation covering children's rights in Dominica includes the
Children and Young Person's Act, the Legitimation Act, the
Infants' Protection Act, and the Adoption of Infants Act.
Enforcement of these laws falls under the Welfare Department,
police, court system, and prison director. However, there is
no enforcement arm for the Children and Young Person's Act, and
the training school it mandated has not been established. The
Government lacks the resources, organizations, and skills
needed to effect much positive change in the area of children's
rights. There were 210 reported cases of child abuse during
1992, compared to 174 in 1991 and 127 in 1990. It is likely
that this represents an increase in reporting cases rather than
an actual increase in child abuse.
Women's advocacy groups have also called for programs to support
pregnant school children and those with babies. During 1992
the age of consent to sexual relations was raised from 14 to 16.
Indigenous People
There is a significant Carib Indian population in Dominica,
estimated at 3,000 out of a total population of 72,000. Most
live on a 3,700-acre reservation created in 1903. School,
water, and health facilities available on the Carib reservation
are similar to those available to other rural Dominicans.
Caribs participate in national political life and enjoy the
same civil rights accorded other Dominican nationals. Worrell
Sanford, a Labour member of Parliament who resigned December 20,
is a Carib, and Carib Chief O'Gustie is a nationally respected
leader.
People with Disabilities
Beyond the general protection of the Constitution, the disabled
do not benefit from any specific legislation. There is no
requirement mandating access for those with disabilities.
Fiscal considerations limited action to adopt legislation
covering the disabled. Dominica lacks trained specialists,
roads inhibit mobility of shut-ins, and wheelchairs are
unaffordable. There is no rehabilitation center.
Section 6 Worker Rights
a. The Right of Association
Workers have the legal right to organize, to choose their
representatives, and to strike. Less than 10 percent of the
work force is organized; two unions disbanded in 1992, and
there was only one significant strike, which lasted 1 day. The
Civil Service Association, which had instigated demonstrations
against the Public Service Act of 1991, continues to press for
changes in areas of concern to civil servants. Among other
provisions, the law sets a limit on the period for wage
negotiations. (In the past, civil servants traditionally
received large back-pay awards after marathon negotiations.)
This Act also bars civil servants from speaking in public on
controversial national political issues, except when it is in
line with their duties. There is no restriction on forming a
national labor federation. All the unions are independent of
the Government and political parties and are affiliated with
various international labor organizations.
b. The Right to Organize and Bargain Collectively
Unions have legally defined rights to organize workers and to
bargain with employers. Collective bargaining is widespread in
the nonagricultural sectors of the economy, including the
government service, and there is also recourse to mediation and
arbitration by the Government. Antiunion discrimination by
employers is prohibited by law, and union rights are enforced
by judicial and police authority. In addition, workers fired
for union activities must be reinstated. Enforcement mechanisms
are the responsibility of Department of Labour inspectors under
the supervision of the Labour Commissioner. However, the small
Labour Inspection Office lacks qualified personnel to carry out
its duties under existing labor legislation. Labor regulations
and practice governing Dominica's industrial areas and other
export firms do not differ from that prevailing in the rest of
the economy. It is legally compulsory for employers to
recognize unions as bargaining agents once both parties have
followed appropriate procedures.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited and does not exist.
d. Minimum Age for Employment of Children
The minimum legal age for employment is 15 years. Employers
generally observe this law without government enforcement.
e. Acceptable Conditions of Work
Minimum wages for various categories of workers are set by
statute and were last revised in November 1989. The minimum
wage rate for most categories of workers is $0.56 (EC$1.50) per
hour and is not sufficient to provide a decent standard of
living for a household. However, most workers earn more than
the legislated minimum wage. The standard legal workweek is 40
hours in 5 days. The law provides for a minimum of 2 weeks'
paid vacation. The Employment Safety Act, an occupational
health and safety law, is considered by a major union and by
local nongovernmental organizations to be consistent with
international standards. The Advisory Committee on Safety and
Health is an established body but has never met. The
enforcement mechanism consists of inspections by the Department
of Labour, which can and does prescribe specific compliance
measures, impose fines, and prosecute offenders. In practice,
however, inspections are rarely made.
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