Dominica, a Caribbean island nation with an estimated population of 70,000, has legal provisions regulating detention and deportation of “prohibited immigrants” in its Immigration and Passport Act. The act also provides detention measures for “any person certified by a medical officer to be suffering from a contagious or infectious disease which makes his entry into […]
Last updated:
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Detention-Related Legislation
GROUNDS FOR DETENTION
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2013
2013
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2013
2013
Ratio of relevant international treaties ratified
Ratio: 10/19
> UN Special Procedures
> UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Dominica, a Caribbean island nation with an estimated population of 70,000, has legal provisions regulating detention and deportation of “prohibited immigrants” in its Immigration and Passport Act. The act also provides detention measures for “any person certified by a medical officer to be suffering from a contagious or infectious disease which makes his entry into the State dangerous to the community.” These provisions took on added importance during the COVID-19 pandemic when authorities threatened to “round up all undocumented Haitian nationals and have them returned to their country as soon as possible,” accusing the migrants of spreading disease.
In August 2020, Dominica News Daily reported that some 60 undocumented Haitians had been detained by the police. The police chief said, “Some of them are using Dominica as a transhipment point to travel to other countries through illegal means. I have warned against entering and leaving Dominica through illegal means. Some of our citizens are overseas and want to return home however, they must do so legally by coming in at a designated port of entry. The government of Dominica, the police and the Ministry of Health have worked very hard to make Dominica COVID-19 free.” The National Security Ministry added: “Those coming in illegally are coming from hotspots and therefore pose a very serious threat to all of us. … These people are dangerous and wicked. … When someone comes through the back door you don’t know what they are carrying, it could be drugs or COVID-19.” Shortly after these pronouncements, however, the deportation of 38 Haitian nationals, who were being detained in various police stations, was halted by an application for habeas corpus by their lawyer. Subsequently, it was reported that 42 Haitians were to be deported on 18 August 2020. It is unclear if these deportation took place or if any precautions were taken to check for COVID-19.
The Dominican government, to the concern of the UN Human Rights Committee, has to date failed to enact legal protections for non-citizens, including refugees and asylum seekers, and it provides little information about their presence or treatment in the country. The government states that despite the lack of a legal framework, they have supported the protection of refugees and asylum seekers by granting Haitian migrant workers permanent residency and citizenship. The island had an estimated population of 8,300 international migrants as of mid-2020.
The situation in Dominican prisons and detention centres appears to be mixed. The U.S. State Department, in its 2019 country report on human rights practices, mentioned there were improved sanitary conditions, some upgraded facilities, no reports on lacking conditions, yet also some credible allegations of physical abuse. The UN Human Rights Committee noted the high proportion of pretrial detainees — 46 percent according to the official statistics — and the above average length of detention. It is unclear what percentage of the incarcerated population are non-citizens detained for immigration or asylum reasons. The Haitians detained in August 2020 were reportedly held in police stations in Roseau, St. Joseph, and Portsmouth.
Dominica had recorded 134 cumulative COVID-19 cases as of 21 February 2021. The island nation recorded a relatively low transmission rate after its first recorded case on 22 March 2020. Its borders were closed from 28 March, including repatriation flights for its citizens. Citizens were allowed to return from 15 July 2020; other travellers were allowed entry from 7 August 2020. In Fall 2020, after Hurricane Maria hit the island on 18 September, coronavirus transmission rates started steadily increasing . From September until December 2020, the government imposed night curfews to contain the spread.
