A/HRC/13/12
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its sixth session from 30
November to 11 December 2009. The review of Dominica was held at the 11th meeting, on
7 December 2009. The delegation of Dominica was headed by H.E. Mr. Crispin S.
Gregoire, Permanent Representative of Dominica to the United Nations. At its 14th
meeting, held on 9 December 2009, the Working Group adopted the present report on
Dominica.
2.
On 7 September 2009, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Dominica: Djibouti, Brazil and China.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of Dominica:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/6/ DMA /1);
(b)
A compilation prepared by the Office of the High Commissioner for Human
Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/6/ DMA /2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/6/ DMA /3).
4.
A list of questions prepared in advance by Germany, the United Kingdom of Great
Britain and Northern Ireland, Argentina, the Czech Republic, Denmark, Latvia and Sweden
was transmitted to Dominica through the troika. These questions are available on the
extranet of the Working Group.
I.
Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
Crispin S. Gregoire, Permanent Representative of Dominica to the United Nations,
introduced the national report.
6.
The delegation indicated that the Constitution of the Commonwealth of Dominica is
the Supreme Law of Dominica and its First Chapter guarantees the protection of
fundamental rights and freedoms.
7.
The delegation indicated that the Constitution further provides in Section 16 (10),
that any person alleging violation of any fundamental rights may apply to the High Court
for redress. Appeal of any decision of the High Court may also be sought from the Eastern
Caribbean Court of Appeal, and the Judicial Committee of the Privy Council, if necessary.
8.
The delegation further highlighted that Dominica’s human rights infrastructure is
comprised of both legal and institutional aspects. The legal aspects include the guarantees
enshrined in the Constitution, the provisions of the Laws of the Commonwealth of
Dominica, and Dominica’s international obligations. In terms of the institutional aspect,
responsibilities are accorded to both governmental and non-governmental entities. The
Ministry of Community Development, Information, Gender Affairs and Culture is the most
active at the Cabinet level and employs a rights-based approach in the delivery of social
services and the protection of vulnerable groups. While the Ministry of Community
Development, Information, Gender Affairs and Culture bears responsibility for the
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