Dominica

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— 

1. life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression and of assembly and association; and
3. protection for the privacy of his home and other property and from deprivation of property without compensation,

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 

1. A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say…

Article 4 Protection from slavery and forced labour. 

1. No person shall be held in slavery or servitude. 
2. No person shall be required to perform forcedlabour. 
3. For the purposes of this section, the expression “forced labour” does not include—
4. any labour required in consequence of the sentence or order of a court;
5. labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
6. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
7. any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation

The Commonwealth of Dominica Constitution Order (PDF)

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 –  

1. To cause the other person to be secretly confined or imprisoned in the State against his will; or 

1. To cause the other person to be unlawfully sent or transported out of the State against his will; or 

1. To cause the other person to be in any way held to serve against his will, 

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.  

Offences against the Person Act (PDF)

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 –  

1. Keeps, manages, acts or assists in the management of a brothel; 

1. Being the tenant, lessee, occupier or person in charge of any premises, knowingly permits the premises or any part thereof to be used as a brothel or for the purposes of prostitution; or 

1. Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the same or any part thereof with the knowledge that the premises or some part thereof are or is to be used as a brothel, or is willfully party to the continued use of the premises or any part thereof as a brothel,  

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.