Dominica

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

8,264

International migrants

2019

74,243

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

22 February 2021

Police Headquarters, Roseau, Dominica (The Sun Dominica, “
Police Headquarters, Roseau, Dominica (The Sun Dominica, “"I Prefer Go in a Pig Pen": Man Who Spent Time in Roseau and Portsmouth Police Cells,” 16 October 2016, http://sundominica.com/articles/i-prefer-go-in-a-pig-pen-man-who-spent-time-in-ros-3889/ )

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.


Last updated:

ENFORCEMENT DATA

Total Detainees/ Stock & Flow (Year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
25,129
2016
Percentage of Foreign Prisoners (Year)
6.8
2016
Prison Population Rate (per 100,000 of National Population)
232
2016

POPULATION DATA

Population (Year)
74,243
2020
International Migrants (Year)
8,264
2019
Refugees (Year)
0

SOCIO-ECONOMIC DATA & POLLS

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Immigration and Passport Act 1941 (1941) 1994
1941

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2013
2013
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2013
2013
CRPD, Convention on the Rights of Persons with Disabilities
2012
2012
CRSR, Geneva Convention Relating to the Status of Refugees
1994
1994
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1994
1994
ICCPR, International Covenant on Civil and Political Rights
1993
1993
ICESCR, International Covenant on Economic, Social and Cultural Rights
1993
1993
CRC, Convention on the Rights of the Child
1991
1991
VCCR, Vienna Convention on Consular Relations
1987
1987
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1980
1980
Ratio of relevant international treaties ratified
Ratio: 10/19
Individual Complaints Procedures
Acceptance Year
Observation Date
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2012
2012
2017
Ratio of Complaints Procedures Accepted
Observation Date
1/5
1/5

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2013
2017
No 2014

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHR, American Convention on Human Rights 1993
1993
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1995
1995
Regional Treaty Reservations
Reservation Year
Observation Date
ACHR Article 4 1993
1993
1993
ACHR Article 5 1993
1993
1993
ACHR Article 8 1993
1993
1993

GOVERNANCE SYSTEM

Legal Tradition(s)
Common law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS