| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Dominica Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
DOMINICA
Dominica is a parliamentary democracy and a member of the Commonwealth
of Nations. The United Workers Party, led by Prime Minister Edison
James, won 11 of 21 seats in Parliament in free and fair elections in
June. The Constitution calls for elections at least every 5 years.
The Dominica Police is the only security force. It is controlled by and
responsive to the democratically elected Government.
Dominica's primarily agrarian economy depends on earnings from banana
exports to the European Union. The banana industry throughout the
Windward Islands continues to suffer from relatively low prices on the
world banana market, and Dominica has not escaped the negative impact.
In addition, hurricanes destroyed almost 90 percent of Dominica's crop
during the 1995 season. The Government is attempting to develop the
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 are generally well respected in Dominica.
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 politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits such practices, and there were no reports
that officials employed them.
Overcrowding and unsanitary conditions continue to be problems in
Dominica's only prison facility. The prison provides work therapy,
sports programs, educational opportunities, and counseling for inmates.
d. Arbitrary Arrest, Detention, or Exile
The law requires that police charge persons with a crime within 24 hours
after arrest or detention or release them from custody. This is
generally honored in practice, although often those arrested on Fridays
remain the weekend in jail and are not charged until the following
Monday. The other exception to usual practice is if the detainee cannot
afford legal counsel.
The Government does not use forced exile.
e. Denial of Fair Public Trial
The 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. Courts provide
free legal counsel to the indigent only in capital cases.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits such practices. Government authorities
generally respect these prohibitions, and violations are subject to
effective legal sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for the right of free expression, and the
Government respects this in practice. The political opposition openly
criticizes the Government. Dominica's main radio station is state owned
and generally allows citizens to express their views. Opposition groups
allege, however, that the new Government is requiring all editorial
material to be submitted to the Government's information office for
approval prior to broadcast, a charge which the Government denies.
There is also an independent radio station owned by the Catholic Church.
Dominicans enjoy good access to independent news sources through cable
television and radio reception from neighboring islands. The print
media consist of two private newspapers and political party journals;
all publish without censorship or government interference.
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
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the authorities respect them 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
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
In national elections in June, the United Workers Party defeated the
incumbent Dominica Freedom Party, taking 11 of 21 seats in Parliament.
Five seats are held by the Dominica Labour Party and four by the
Dominica Freedom Party. One seat was declared vacant by the courts
after the eligibility of a candidate was challenged on the grounds that
he was a public employee at the time of this election.
There are no impediments in law or in fact to the participation of women
in leadership roles in government or political parties. During the June
elections, two women were elected to Parliament. Indigenous Carib
Indians participate in national political life and enjoy the same civil
rights accorded other Dominican nationals.
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. Several advocacy
groups, such as the Association of Disabled People and a women's and
children's 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.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution includes provisions against racial, sexual, and
religious discrimination, which the authorities respect 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 against women, yet sexual harassment and domestic
violence cases are common, and there is no family court to deal
specifically with domestic violence issues. Women can bring charges
against husbands for battery, and both the police and the courts
prosecute cases of rape and sexual assault, but there are no specific
spousal abuse laws. The Welfare Department assists victims of abuse by
finding temporary shelter, providing counseling to both parties, or
recommending police action. The Welfare Department reports all cases of
abuse to the police. The courts may issue protective orders, but the
police do not consistently enforce them.
Property ownership continues to be 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 in it and pass it to her children. In the civil service, the law
establishes fixed pay rates for specific jobs, whatever the gender of
the incumbent. There is no law requiring equal pay for equal work for
private sector workers.
Children
Various laws enumerate children's rights in Dominica, but their
enforcement is hampered by lack of staffing in government agencies.
Reported cases of child abuse increased from 253 in 1993 to 416 in 1994;
the Government has not responded with any increase in the number of
social workers assigned to handle such cases. The Social welfare office
which has only six staff members to deal with all welfare issues handles
complaints of child abuse.
Although the maximum sentence for sexual molestation (rape, incest) is
life imprisonment, the normal sentence given is 15 years except in the
case of murder. The age of consent to sexual relations is 16 years.
People With Disabilities
Beyond the general protection of the Constitution, there is no specific
legislation dealing with the disabled. There is no requirement
mandating access for those with disabilities.
Indigenous People
There is a significant Carib Indian population, 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.
Section 6 Worker Rights
a. The Right of Association
All workers have the legal right to organize, to choose their
representatives, and to strike, but unions represent less than 10
percent of the work force. All unions are independent of the
Government. While there are no direct ties, members of certain
political parties dominate some unions. There is no restriction on
forming labor federations, and unions are affiliated with various
international labor bodies.
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. The law prohibits antiunion discrimination by employers,
and judicial and police authorities enforce union rights. In addition,
employers must reinstate workers fired for union activities. It is
legally compulsory for employers to recognize unions as bargaining
agents once both parties have followed appropriate procedures.
Department of Labour inspectors under the supervision of the Labour
Commissioner enforce labor legislation, but the small Labour Inspection
Office lacks qualified personnel to carry out its duties.
Labor regulations and practices governing Dominica's industrial areas
and export firms do not differ from those prevailing in the rest of the
economy.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and such labor is not
known to 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
The law sets minimum wages for various categories of workers. These
were last revised in November 1989. The minimum wage rate for most
categories of workers is $0.56 (EC$1.50) per hour, but for domestic
servants it is $0.37 (EC$1.00) per hour if meals are included, and $0.46
(EC$1.25) per hour if meals are not included. The minimum wage is not
sufficient to provide a decent standard of living for a household.
However, most workers (including domestics) 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 per year. The Employment Safety Act
provides occupational health and safety regulation. Local
nongovernmental organizations and one major union consider it to be
consistent with international standards. The Advisory Committee on
Safety and Health is an established body but has never met. The rarely
used enforcement mechanism consists of inspections by the Department of
Labour, which can and does prescribe specific compliance measures,
impose fines, and prosecute offenders. Workers have the right to remove
themselves from unsafe work environments without jeopardy to continued
employment.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.