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Provisions related to forced marriage in Dominica are found in the 2002 Offences Against the Person Act, which addresses forcibly taking away or detaining a woman against her will with the intent to marry her, or cause her to be married at Article 52, with a potential penalty of imprisonment for five years. Provisions related to forced marriage in Dominica are also found in the 1986 Marriage Act, which addresses knowingly and wilfully making false declarations for the purpose of procuring a marriage at Article 62.
There appears to be no legislation in Dominica that requires consent to marriage. However, article 52 of the Offences Against the Person Act 2002 recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
There appears to be no legislation in Dominica that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Dominica are found in the TRANSNATIONAL ORGANIZED CRIME (PREVENTION AND CONTROL) ACT 2013, which prohibits trafficking for practices similar to slavery in Section 8. In addition, legislation in Dominica prohibits detaining for marriage under Article 52 of the Offences Against the Person Act 2002, with a potential penalty of imprisonment for five years.
The minimum age for marriage in Dominica is 18, without differentiation by gender, as set out on Article 30 of the 1910 Marriage Act as amended in 1986. However, marriages below this age are permitted with the consent of the father or the guardian, as set out on Article 30 of the 1910 Marriage Act as amended in 1986. These exceptions are not differentiated by gender.
Latin America and Caribbean
Inter-American Court of Human Rights
Common
Paragraph 540
“Slavery” was abolished in Dominica by the Slavery Abolition Act, 1833 (3 and 4 Will. 4 c. 73). United Kingdom legislation on the subject applies to this Territory
Paragraph 541
There is no criminal offence for owning a slave, person of servile status, as such, but section 10 of the Slave Trade Act, 1824 (5 Geo. 4 c. 113) and the Writ of Habeas Corpus render the owning of such persons impossible.
WHEREAS the People of Dominica-
a.have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
b.respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
Article 1
Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origins, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Article 3 Protection of rights to personal liberty
Article 4 Protection from slavery and forced labour.
Section 28.
Any person who being legally liable, either as a husband, parent, guardian or committee, master or mistress, nurse or otherwise, to provide for any person as wide, child, ward, a person suffering from mental disorder or a mentally subnormal person, apprentice or servant, infant or otherwise, necessary food, clothing or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully or maliciously does, or causes to be done, any bodily harm to any such apprentice or servant, so that the life of such apprentice or servant is endangered, or the health of such apprentice or servant has been or is likely to be permanently injured, is liable to imprisonment for two years.
Section 52.
Any person who by force takes away or detains against her will any woman of any age with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person is liable to imprisonment for five years.
Section 65.
Any person who, without lawful authority, forcibly seizes and confines or imprisons any other person within the State, or kidnaps any person with intent –
Is liable to imprisonment for seven years.
Section 66.
Upon the trial of any offence under section 65 the non-resisting of the person so kidnapped or unlawfully confined shall not be a defence unless it appears to the satisfaction of the Court and jury6 that it was not caused by threats, duress, force or exhibition of force.
Section 8.
(1) A person who, for the purpose of exploitation of another person organizes or facilitates –
(a) the entry or proposed entry of the other person into Dominica;
(b) the exit or proposed exit of the other person from Dominica; or
(c) the receipt of the other person into Dominica,
by any of the means specified in subsection (6) and thereby obtains the compliance of the other person in respect of the entry or proposed entry or the exit or proposed exit or in respect of that receipt, commits the offence of trafficking in persons.
(2) A person who –
(a) organizes or facilitates –
(i) the entry or proposed entry;
(ii) the exit or proposed exit; or
(iii) the receipt of another person in accordance with subsection (1); and
(b) in organizing or facilitating that action, is reckless as to whether the other person will be exploited after that entry or proposed entry or after that exit or proposed exit or after the receipt of that person,
commits the offence of trafficking in persons.
(3) A person referred to in subsection (1), who deceives the other person about the fact that the entry or proposed entry or receipt of the other person or any arrangements for the stay of the other person in Dominica will involve –
(a) the provision by the other person of sexual services;
(b) the exploitation or debt bondage of the other person;
(c) the removal of human organs or human tissue; or
(d) the confiscation of the travel or identity documents of the other person,
commits the offence of trafficking in persons.
(4) A person referred to in subsection (1), who –
(a) arranges or knows of an arrangement for the other person to –
(i) provide sexual services;
(ii) provide forced labour, slavery, servitude or a similar practice; or
(iii) have any human organs or human tissue removed; and
(b) deceives the other person about any of the following –
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his place of residence;
(v) where there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services, the quantum or the existence of the debt owed or claimed to be owed; and
(vi) where there will be a removal of a human organ or human tissue in circumstances amounting to exploitation, the removal of that organ or human tissue,
commits the offence of trafficking in persons.
(5) A person who for the purpose of exploitation, recruits, transports, transfers, harbours or receives a person referred to in subsection (1) by any of the means specified in subsection (6) commits the offence of trafficking in persons.
(6) The means referred to in subsections (1) and (5) are –
(a) threats or use of force or other forms of coercion;
(b) abduction;
(c) deception or fraud;
(d) the abuse of –
(i) power; or
(ii) a position of vulnerability;
(e) the giving or receiving of payments or of a benefit in order to obtain the consent of a person who has control over another person.
Section 10.
(1) The consent of a victim of trafficking in persons is immaterial to the commission of the offence of trafficking in persons.
(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as trafficking in persons even where the recruitment, transportation, transfer, harbouring or receipt did not involve any of the means specified in section 8(6).
(3) Notwithstanding the provisions of any other law, all legal proceedings conducted in relation to the offence of trafficking in persons shall be conducted in camera.
Transnational Organized Crime (PRevention and Control) Act 2013 (PDF)
Section 20
(1) A person who detains another against that other’s will –
(a) in or upon any premises with intent that the person detained may have sexual intercourse with any person; or
(b) in any brothel,
Is guilty of an offence and liable on conviction to imprisonment for ten years.
Section 22.
(1) Any person who unlawfully takes away or causes to be taken away or detains another person against the will of that other person with intent –
(a) to commit or to aid or abet the commission of an offence under this Act;
(b) to marry or to have sexual intercourse with the other person; or
(c) to cause the person to marry or to have sexual intercourse with any other person,
Is guilty of an offence and liable on conviction to imprisonment for ten years.
(2) It is no defence to a charge under subsection (1) that the person consented to be taken away or detained, if that person is a minor under the age of sixteen years.
Section 24.
A person who –
Is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for five years.
Section 8.
(1) Where a minimum rate of wage is fixed by Order pursuant to section 5 in respect of an occupation or category, every employer of an employee who is employed in that occupation or category shall pay wages to the employee at not less than that minimum rate.
(2) Where an employer is authorised pursuant to section 7 to employ a handicapped person at a wage lower than the minimum rate of wage ,the employer shall pay wages to the handicapped person at not less than that lower wage.
Section 52.
Any person who by force takes away or detains against her will any woman of any age with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person is liable to imprisonment for five years.
Section 8.
(1) A person who, for the purpose of exploitation of another person organizes or facilitates –
(a) the entry or proposed entry of the other person into Dominica;
(b) the exit or proposed exit of the other person from Dominica; or
(c) the receipt of the other person into Dominica,
by any of the means specified in subsection (6) and thereby obtains the compliance of the other person in respect of the entry or proposed entry or the exit or proposed exit or in respect of that receipt, commits the offence of trafficking in persons.
(2) A person who –
(a) organizes or facilitates –
(i) the entry or proposed entry;
(ii) the exit or proposed exit; or
(iii) the receipt of another person in accordance with subsection (1); and
(b) in organizing or facilitating that action, is reckless as to whether the other person will be exploited after that entry or proposed entry or after that exit or proposed exit or after the receipt of that person,
commits the offence of trafficking in persons.
(3) A person referred to in subsection (1), who deceives the other person about the fact that the entry or proposed entry or receipt of the other person or any arrangements for the stay of the other person in Dominica will involve –
(a) the provision by the other person of sexual services;
(b) the exploitation or debt bondage of the other person;
(c) the removal of human organs or human tissue; or
(d) the confiscation of the travel or identity documents of the other person,
commits the offence of trafficking in persons.
(4) A person referred to in subsection (1), who –
(a) arranges or knows of an arrangement for the other person to –
(i) provide sexual services;
(ii) provide forced labour, slavery, servitude or a similar practice; or
(iii) have any human organs or human tissue removed; and
(b) deceives the other person about any of the following –
(i) the nature of the sexual services to be provided;
(ii) the extent to which the other person will be free to leave the place or area where the other person provides sexual services;
(iii) the extent to which the other person will be free to cease providing sexual services;
(iv) the extent to which the other person will be free to leave his place of residence;
(v) where there is a debt owed or claimed to be owed by the other person in connection with the arrangement for the other person to provide sexual services, the quantum or the existence of the debt owed or claimed to be owed; and
(vi) where there will be a removal of a human organ or human tissue in circumstances amounting to exploitation, the removal of that organ or human tissue, commits the offence of trafficking in persons.
(5) A person who for the purpose of exploitation, recruits, transports, transfers, harbours or receives a person referred to in subsection (1) by any of the means specified in subsection (6) commits the offence of trafficking in persons.
(6) The means referred to in subsections (1) and (5) are –
(a) threats or use of force or other forms of coercion;
(b) abduction;
(c) deception or fraud;
(d) the abuse of –
(i) power; or
(ii) a position of vulnerability;
(e) the giving or receiving of payments or of a benefit in order to obtain the consent of a person who has control over another person.
Section 10.
(1) The consent of a victim of trafficking in persons is immaterial to the commission of the offence of trafficking in persons.
(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be regarded as trafficking in persons even where the recruitment, transportation, transfer, harbouring or receipt did not involve any of the means specified in section 8(6).
(3) Notwithstanding the provisions of any other law, all legal proceedings conducted in relation to the offence of trafficking in persons shall be conducted in camera.
Dominica Transnational organized Crime (Prevention and Control) Act 2013 – English (PDF)
30. Restriction on cases of minority
(1) Where either of the parties, not being a widower or widow is under the age of eighteen years, no marriage shall take place between them until the consent –
(a) of the father (if then living) of the party so under age; or
(b) if the father is dead, of the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them; or
(c) if there is no such guardian or guardians, of the mother if living and unmarried; or
(d) if there is no mother living and unmarried, then of a guardian or guardians of the person appointed by the High Court or a Judge thereof, has been first obtained; and when there is no person capable of consenting, the marriage may be sanctioned as prescribed in section 31.
(2) Persons who have reached the age of eighteen years and widowers and widows may marry without the consent of others.
31. Special authority in certain events
In case any parent or guardian whose consent is necessary to a marriage is non compos mentis, or absent from the State, or otherwise incapable as aforesaid of consenting, or withholds his, her, or their consent to any marriage, or in case there is no person capable of consenting, it shall be lawful for any person desirous of marriage, to whose marriage the consent is necessary but cannot be given, or is withheld, to apply, by petition, to a Judge of the High Court, who is hereby empowered to proceed upon the petition in a summary way, and, in case the marriage proposed shall, upon examination, appear to him to be proper, the Judge shall judicially declare, by his order in writing, that the marriage is proper and may be solemnised or celebrated forthwith; and every marriage duly solemnised in pursuance or under the authority or direction of such order shall be as good, valid, and effectual, to all intents and purposes whatsoever, as if the consent as aforesaid had been duly given thereto.
40. Restrictions in cases of minority
(1) Where either of the parties, not being a widower or widow, is under the age of eighteen years, no such licence shall be granted until cases of minority, the consent –
(a) of the father (if then living) of the party so under age;
or
(b) if the father is dead, of the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them; or
(c) if there be no such guardian or guardians, of the mother if living and unmarried; or
(d) if there is no mother living and unmarried, then of a guardian or guardians of the person, appointed by the High Court or a Judge thereof; has been first obtained.
Objection to issue of certificate
Registrar General’s or Registrar’s certificate, on the ground of any legal impediment to a marriage between the parties, or consent on the part of any person whose consent is required to the marriage, not having been obtained.
(2) The objections shall be in writing signed by or on behalf of the person who enters the same, shall state his name and place of residence and the ground of his objection, and shall be lodged with the Registrar General or Registrar of the district within twenty-one days from the date of the notice set up outside his office under section 48.
(3) When any objection is lodged as aforesaid the Registrar General or Registrar shall forward the objection to a Judge of the High Court who shall decide upon the same as expeditiously as the circumstances of the case will permit, the objection so forwarded being as farmas practicable, regarded and dealt with as a petition to the Judge sitting in Chambers.
(4) The Registrar General or Registrar shall, in any such case, suspend the issue of his certificate until he receives a certified copy of the Judge’s decision, and shall act in conformity therewith.
(5) The cost of and attending the decision on any objection by a Judge shall be in the Judge’s discretion.
55. Cases of marriage between minors after publication of banns
No marriage officer who solemnises any marriage after due publication of banns as aforesaid between persons, both or one of whom not being a widow or widower are or is at the time of the marriage under legal age, shall be answerable or responsible or liable to any pain, penalty or proceeding, for having solemnised the marriage without the consent of the parents or guardians or other persons, if any, whose consent is required by law, unless the parents or guardians, or other persons, or one of them, shall forbid the marriage and give notice thereof to the marriage officer before he has solemnised the same.
63. Making false declarations etc
Any person who knowingly and wilfully makes any false declaration (statutory or other) or signs any petition, notice, statement or certificate required by this Act, which is in any material respect false for the purpose of procuring any marriage, shall be deemed guilty of wilful and corrupt peIjury and shall be liable to be prosecuted and punished accordingly.
64. Celebration by a registrar of a void marriage
Any marriage officer, being the Registrar General or Registrar, who knowingly and wilfully celebrates or permits to be celebrated in his office any marriage in this Act declared to be null and void is guilty of an offence and is liable on conviction thereof to imprisonment for two years.
65. Liability of persons lodging an objection on frivolous grounds
(l) Any person who enters an objection at the Government Office, Roseau, or at the office of the Registrar General or Registrar against the grant of any licence or issue of any certificate, on grounds which the Minister or a Judge declares to be frivolous as well as being such as ought not to obstruct the grant of the licence or certificate, shall be liable for the costs of the proceedings, and for damages which may be recovered by plaint or action by the party against whose marriage the objection has been lodged.
(2) For the purpose of enabling any person to recover costs and damages in any action, as provided by this section, from any person who has lodged an objection on frivolous grounds, a copy of the declaration of the Minister purporting to be signed by him or a copy of the judgment of the Judge shall be evidence that the Minister or Judge has declared the objection to have been lodged on grounds that are frivolous as well as being such as ought not to obstruct the grant of the licence or issue of the certificate, as the case may be.
66. Injury etc of marriage register
Any person who knowingly and unlawfully falsifies, destroys, injures, removes or corrects, any public register of marriages with intent to defeat, or obstruct, or prevent the course of justice, or to defraud or injure any person is liabie to imprisonment for three years.
67. Injury etc of a certificate
Any marriage officer who knowingly and unlawfully falsifies, destroys, injures, or conceals any notice or certificate which is in his possession, custody or control, orto which he has access by virtue of his office, is liable to imprisonment for two years.
68. Penalty for non-compliance with provisions of Act
Any marriage officer who knowingly and wilfully makes default in strictly complying with the provisions of this Act as regards the safe and proper custody of any book or form supplied to him by the Registrar General under the provisions of this Act, or who fails to transmit to the Registrar General within the time specified the several registers or documents herein required to be transmitted, or who obstructs the Registrar General in the execution of his duty under this Act, is liable on summary conviction to a fine of one thousand dollars.