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Dominica

Executive Summary

Dominica is a multiparty parliamentary democracy. The prime minister is the head of government. The House of Assembly elects the president, who serves as the head of state. In the 2019 election, Prime Minister Roosevelt Skerrit’s Dominica Labour Party prevailed over the opposition United Workers Party by a margin of 18 seats to three. Election observers from the Organization of American States, United Nations, and Caribbean Community found the election generally free and fair.

The Ministry of Justice, Immigration, and National Security oversees the police, the country’s only security force. The Financial Intelligence Unit reports to the Ministry of Legal Affairs; some of its officers have arrest authority. Civilian authorities maintained effective control over the security forces. There were no reports of significant abuses by the security forces.

Significant human rights issues included: criminalization of libel and criminalization of consensual same-sex sexual conduct between adults, although there were no reported cases of enforcement during the year.

The government took steps to prosecute officials who committed human rights abuses, but some cases remained unresolved.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or to a citizen parent. Parents received birth certificates on a timely basis. Failure to register births resulted in denial of access to public services except emergency care.

Child Abuse: The law prohibits child abuse, but according to the government and civil society, it remained a pervasive problem. The government maintained a Child Abuse Prevention Unit responsible for protecting children from all forms of abuse. The unit supported victims by providing counseling, psychological assessments, and other services such as financial assistance to abused children and to family members.

Civil society representatives noted that lesbian, gay, bisexual, transgender, and intersex (LGBTI) children were at particular risk of abuse. They reported that additional support and reforms were needed to support victims of child abuse, including safe and secure reporting and rehabilitation spaces, more and better-trained welfare officers, and reforms to the justice system.

Underage children were often required to testify directly in court against their abusers, who were also physically present, instead of providing prerecorded testimony from more private and secure spaces. Additionally, cases sometimes wended through the court system for years, with children repeatedly being required to attend hearings. Publicly available lists of offenders did not exist. Advocates claimed that the justice system discouraged prosecution of child abuse, discouraged victims from seeking justice, and allowed repeat offenders to continue the cycle of abuse.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 for both men and women, but marriage is permitted at age 16 with parental consent.

Sexual Exploitation of Children: The age of consent for sexual relations is 16. The law prohibits commercial sexual exploitation of children for prostitution, and related activity may be prosecuted under laws against prostitution or trafficking. The law protects all persons from “unlawful sexual connection,” rape, procurement for prostitution, and incest. It prohibits sexual intercourse between a child and an adult and increases the penalty to 25 years of imprisonment for an adult who rapes a child whom the adult employs or controls, or to whom the adult pays wages. The law criminalizes behaviors such as voyeurism.

The maximum sentence for sexual intercourse with a person younger than age 14 is 25 years in prison. When victims are between ages 14 and 16, the maximum sentence is 14 years.

No laws or regulations explicitly prohibit the use of children in pornography or pornographic performances.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual conduct for both men and women is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported it rarely enforced either statute, with no instances of the law being enforced through November. Indecency statutes carry a maximum penalty of 12 years in prison, and same-sex sexual conduct between consenting men carries a maximum penalty of 10 years in prison, with the possibility of forced psychiatric confinement upon release.

No laws prohibit discrimination against a person based on sexual orientation, gender identity, gender expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination were common against persons due to their real or perceived sexual orientation, gender identity, gender expression, or sex characteristics. Civil society representatives reported that LGBTI victims of violence or harassment avoided notifying police of abuse because of social stigma and fear of harassment. Representatives further reported that in cases where police were notified of attacks on LGBTI persons, police either rejected or poorly investigated some claims.

Civil society actors reported that some LGBTI individuals were denied access to housing, lost employment, were bullied in schools, and were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTI organizations from developing their membership or conducting activities such as Pride marches. A representative of one prominent LGBTI organization noted that participation in a Pride celebration would be tantamount to “social suicide,” although the same representative noted that acceptance of LGBTI persons was slowly growing.

Section 7. Worker Rights

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits some of the worst forms of child labor, and in general the government effectively enforced these laws. The law provides for some limitations on age, safety conditions, and working hours, especially during the school year. The law does not prohibit the use of children for pornography.

The legal minimum age of employment is 12 if children work in family-run businesses and farms, as long as the work does not involve selling alcohol. The law allows children age 14 and older to work in apprenticeships and regular jobs that do not involve hazardous work. The law prohibits employing any child younger than age 16 during the school year but makes an exception for family-owned businesses. The law does not protect children from exploitative work outside of the school year, and the government has not determined the types of hazardous work prohibited for children. The country also lacks prohibitions against the use of children in pornography, or pornographic performances, and the use of children in illicit activities, including the production and trafficking of drugs.

While the government does not have a comprehensive list of hazardous work prohibited for children, the Ministry of Justice, Immigration, and National Security considers jobs such as mining and seafaring as hazardous. In addition children younger than age 18 are prohibited from working at night and from working on ships. Safety standards limit the type of work, conditions, and hours of work for children older than age 14, most of whom worked in services or hospitality.

Children may not work more than eight hours a day. The law provides for sentences to deter violations of child labor law, and the government generally enforced the law. The government did not perform comprehensive inspections; however, the laws and penalties generally were adequate to remove children from illegal child labor but with penalties less stringent than for analogous crimes such as kidnapping.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

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