Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Dominica (RATIFICATION: 2002)

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The Committee notes with deep concern that the Government’s report has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Scope of application. The Committee previously noted that the Convention applies to the Kalinago (Carib) people living in the Carib Reserve on the north-eastern coast of Dominica, and requested the Government to provide information on their socio-economic situation. The Committee notes the adoption of the Carib Reserve Act (Amendment) (Act No. 2 of 2015), which changes the term “Carib” for “Kalinago” to refer to the indigenous peoples of the country, and renames the Carib Reserve Act as Kalinago Territory Act. The Committee also notes that the 2011 National Population and Housing Census shows that the Kalinago people accounts for 3.7 per cent of the population (2,576 people). According to information of the Central Statistics Office, a national census is planned for 2021, covering areas such as employment, education, health and income distribution. The Committee further notes that one of the specific strategies contained in the National Resilience Development Strategy 2030 is to encourage improved data collection, disaggregation, and analysis to ensure the availability of adequate and useful data to address the issues confronting the Kalinago people. The Committee requests the Government to provide information on the results of the latest National Population and Housing Census (indicating whether the criterion of self-identification has been applied in the identification of indigenous peoples). Recalling the importance of having reliable statistical data on the socio-economic conditions of indigenous peoples as an essential tool for effectively guiding and defining policies relating to indigenous peoples, the Committee hopes that the Government will be able to provide information in this respect.

Articles 2 and 33. Coordinated and systematic action. Elimination of socio-economic gaps. In its previous comments, the Committee noted that the Ministry of Carib Affairs was the main Government institution in charge of issues concerning the peoples covered by the Convention. The Committee notes that this competence was transferred to the Ministry of Environment, Rural Modernisation and Kalinago Upliftment. The mission of the Ministry is, according to information available on its website, to improve the quality of life and opportunities for the Kalinago people by contributing to a relationship of mutual understanding, trust and respect between this people and the Government. In this regard, the Ministry aims at promoting collaboration and coordination across ministries on indigenous policies and programmes, and enhancing awareness of the Kalinago people’s issues and best practices for consulting and engaging with them. The Committee further notes that, according to the National Resilience Development Strategy 2030, approximately 50 per cent of the Kalinago population was considered poor after a poverty assessment conducted in 2009. The Committee requests the Government to indicate the measures taken by the Ministry of Environment, Rural Modernisation and Kalinago Upliftment to ensure coordinated and systematic action to protect the rights of the Kalinago people. Please, provide examples of coordination and collaboration between the Ministry and other government agencies dealing with issues concerning the Kalinago people. In this regard, the Committee requests the Government to indicate how the participation of the Kalinago people is ensured in the design and implementation of measures for the protection of their rights, including in programmes aimed at eliminating the socio-economic gaps that exist between indigenous peoples and other members of the national community.

Articles 4 and 7.1. Special measures. Development. The Committee previously noted that, pursuant to section 48 of the Kalinago Territory Act (previously Carib Reserve Act), the Government retains responsibility for the overall development and planning in the Reserve and that each hamlet in the Kalinago territory has a development committee. The Committee notes that, with the financial support of the World Bank, the Government has implemented the Indigenous Peoples Plan Housing Recovery Project to rehabilitate homes in the Kalinago Territory that were affected by the Hurricane Maria in 2017. The Committee also notes that the National Resilience Development Strategy 2030 provides for specific recovery strategies concerning the Kalinago people, including the implementation of a Kalinago Development Plan and the promotion of the participation of persons who identify themselves as Kalinago in development planning bodies as means of building their capacity to represent their interests. The Committee requests the Government to provide information on the results of the measures taken or envisaged to safeguard the persons, properties and environment of the peoples covered by the Convention, indicating the manner in which they participate in the formulation, evaluation and implementation of such measures, including through the development committees in the different hamlets. The Committee also requests the Government to indicate if the Kalinago Development Plan has been adopted as envisaged in the National Resilience Development Strategy 2030.

Articles 6 and 7.3. Consultation and participation. The Committee previously noted that the Kalinago people are consulted through community organizations and the Carib (Kalinago) Reserve Council. The Committee notes that the 2018 Climate Resilience Act (No. 16), under section 9, establishes a Climate Resilience Execution Agency for Dominica (CREAD) tasked with coordinating recovery action following climate related disaster, including the construction, reconstruction or restoration of physical or other infrastructure. The Committee takes due note that according to section 11 (3) of the Act, the CREAD shall ensure community engagement, including of representatives of indigenous peoples, in the design, implementation and evaluation of all projects managed by the agency; and that public consultations are held for communities affected by large scale infrastructure projects. The Committee further notes that in its 2020 reply to issues raised by the United Nations Human Rights Committee, the Government indicated that it consulted the Kalinago Council prior to carrying out any infrastructure project in the Kalinago territory (CCPR/C/DMA/RQAR/1 paragraph 126). The Committee takes due note of the above-mentioned legislative measures and requests the Government to provide information explaining the manner in which the Kalinago Reserve Council is consulted prior to the adoption of legislative and administrative measures affecting the Kalinago people directly, including examples of measures that have been consulted. The Committee also requests the Government to indicate how the Kalinago people cooperate with the Climate Resilience Execution Agency for Dominica (CREAD) in the designing and implementation of recovery actions in the Kalinago territory, including in relation to the assessment of the social, spiritual, cultural and environmental impact of such measures.

Articles 14, 17 and 19. Land. The Committee previously noted that according to section 47 of the Kalinago Territory Act, the Kalinago Reserve Council has the custody and control over the lands in the Kalinago Reserve. Furthermore, pursuant to section 45 of the Act, no lands in the Reserve could be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. The Committee also notes that according to the Dominica National Land Use Policy issued in 2014, the Kalinago territory shall be treated as a special policy area and be planned to support the culture and lifestyle of the Kalinago people. The Committee requests the Government to provide information on the application in practice of the Kalinago Territory Act, including information on procedures established for the transmission of land rights to persons within and outside the Kalinago Reserve. The Committee also requests the Government to provide information on measures taken under the 2014 Dominica National Land Use Policy, to facilitate indigenous peoples’ access to the means required to promote the development of their lands.

Article 15. Natural resources. Consultation. The Committee notes that according to section 2 of the Mines and Minerals Act (Act No. 5 of 1996), the State has the entire property and control over all minerals in any land in the State and under the territorial sea. Pursuant to section 101 of the Act, the holder of a mining licence shall not exercise any activity authorized by the licence in respect of land comprising a reserve, except with the consent of the Minister responsible for Mining and Natural Resources or other authority having control thereof. The Committee requests the Government to indicate if any activity relating to the use of natural resources in the Kalinago territory, including any program for the exploration and exploitation of mineral resources, has been authorized and, if so, to indicate how the indigenous peoples concerned have been consulted before undertaking or permitting any such programmes.

Articles 20 and 22. Employment and vocational training. The Committee notes that in its 2020 reply to issues raised by the Human Rights Committee, the Government indicated that it had established a Small Business Fund to facilitate access to funding for business to the Kalinago people, which is not otherwise available through financial institutions (CCPR/C/DMA/RQAR/1 paragraph 125). The Committee notes that the UN sub-regional team for Barbados and the Organisation of Eastern Caribbean States, in their 2019 joint submission for the examination of Dominica under the UN Universal Periodic Review, underlined that unemployment among the Kalinago people was a chronic issue, especially as a result of a significant drop in banana exportation. The Committee requests the Government to indicate the measures taken to facilitate access to training and employment opportunities to indigenous peoples, including skilled employment. The Committee also requests the Government to provide information on the number of persons pertaining to the Kalinago people who have benefited from the Small Business Fund to develop their own business initiatives.

Article 24. Social security. The Committee requests the Government to provide information on the percentage of employed Kalinago people covered by social security schemes or other social protection measures targeting the Kalinago people.

Article 25. Health. The Committee once again requests the Government to provide information on the measures taken in relation to the provision of health services in the Kalinago territory, in cooperation with the Kalinago people.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the communication of August 2014, whereby the International Organisation of Employers (IOE) included Dominica in its observations concerning the application of the Convention. It invites the Government to submit any comments it deems appropriate on the observations made by the IOE.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the communication of August 2014, whereby the International Organisation of Employers (IOE) included Dominica in its observations concerning the application of the Convention. It invites the Government to submit any comments it deems appropriate on the observations made by the IOE.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

CMNT_TITLE

The Committee notes the communication of August 2014, whereby the International Organisation of Employers (IOE) included Dominica in its observations concerning the application of the Convention. It invites the Government to submit any comments it deems appropriate on the observations made by the IOE.

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request, which read as follows:

Repetition

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.

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The Committee welcomes the first report of the Government and invites it to provide additional information on the application of the Convention in the country, including in response to the following points.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to the Kalinago (Carib) people, comprising approximately 2,000 persons who live in the Carib Reserve, on the north-eastern coast of Dominica. The Committee notes that according to section 41 of the Carib Reserve Act of 1978, the Carib Reserve covers an area of lands in the Parish of St David of about 3,700 acres. It also notes that pursuant to section 51(2) of the Act a person has a right of residence in the Reserve “if: (a) he was born in the Reserve; (b) at least one of his parents is a Carib; (c) he has lawfully resided in the Reserve for a period of 12 years or more”. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee requests the Government to provide information on the socio-economic situation of the Kalinago (Carib) people as well as on the criteria used to estimate the size of this people, including to what extent use has been made of the fundamental criterion of self-identification. Please also provide information on the percentage of non-Carib residents in the Reserve.

Articles 2, 6 and 33. Coordinated and systematic action. The Committee notes from the Government’s report that there exists a Ministry of Carib Affairs. It also notes that under the Carib Reserve Act, the Carib Reserve Council has been established as a local government body comprised of seven persons that will be responsible for the custody, management and control of the lands of the Reserve. The Committee notes that section 27(2) of the Act provides that the Prime Minister may, at the request of the Council, appoint suitable persons to serve as advisers to the Council. The Committee further understands that a Parliamentary Representative elected by the Kalinago (Carib) people represents them in the House of Assembly. The Committee requests the Government to indicate how these bodies interact and coordinate their action with a view to protecting the rights of the Kalinago (Carib) people and guaranteeing respect for their integrity, in accordance with Article 2, paragraphs 1 and 2, of the Convention. The Committee would also appreciate receiving information on the implementation of the Carib Territory Community Capacity Building Project and the extent to which the people concerned participated in the formulation of this project. Please also indicate whether special advisers to the Carib Reserve Council have been appointed pursuant to section 27(2) of the Carib Reserve Act and, if so, concerning which subjects.

Article 3. Discrimination. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child about the societal discrimination against Carib children (CRC/C/15/Add.238, 30 June 2004, paragraph 21). The Committee requests the Government to provide information on any proactive measures taken or envisaged to ensure that Kalinago (Carib) people, including children, fully enjoy their human rights and fundamental freedoms on an equal footing with the rest of the national population. Please also provide more information on the application of Articles 26–30 of the Convention on education and Article 31 on educational measures aimed at eliminating prejudices that may exist in the society in respect of the Kalinago (Carib) people.

Articles 6 and 7. Consultation and participation. Development. The Committee notes the Government’s indication that the Kalinago (Carib) people are consulted through “community organizations” and the Carib Reserve Council. The Committee also notes that each hamlet in the Carib Reserve has a development committee. On the other hand, the Committee notes that under section 48 of the Carib Reserve Act, the Government retains responsibility for overall development and planning in the Reserve. In this regard, it notes the Government’s reference to the “Integrated Development Plan for Caribs”. The Committee requests the Government to provide additional information on the application of Articles 6 and 7 of the Convention, including examples of consultations held with the Carib Reserve Council and the “community organizations” prior to the adoption of legislative and administrative measures affecting the Kalinago (Carib) people. The Committee also invites the Government to supply information on the hamlets’ development committees and their role in the formulation, implementation and evaluations of development programmes affecting the Kalinago (Carib) people. Please also provide information on the implementation of the Integrated Development Plan for Caribs, the manner in which the Kalinago (Carib) people were consulted about and participated in the elaboration of this Plan and the extent to which such Plan reflects their priorities for development.

Articles 14 and 15. Land rights and natural resources. The Committee notes that, according to section 47 of the Carib Reserve Act, the Carib Reserve Council has the custody and control of the lands in the Carib Reserve. It notes that those lands are communally owned and pursuant to section 44(1) of the Act, the Minister may, by State grant, vest other lands in the Council to form part of the Reserve. Furthermore, it notes that under section 29(1) of the Act, the Council may adopt by-laws concerning the occupation and use of the lands in the Reserve. The Committee requests the Government to indicate whether additional lands have been granted to the Kalinago (Carib) people pursuant to section 44(1) of the Carib Reserve Act. The Committee also requests the Government to specify the legal regime applying to natural resources pertaining to the lands forming part of the Reserve, especially sub-soil resources, and the procedures in place to consult the people concerned in compliance with Article 15(2) of the Convention in case the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to those lands.

Article 17. The Committee notes that section 45 of the Carib Reserve Act provides that no lands in the Reserve can be sold, exchanged, mortgaged, encumbered or disposed of without the written permission of the Prime Minister. Recalling that, under Article 17, paragraph 2, of the Convention, indigenous peoples shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside the community, the Committee asks the Government to indicate how section 45 of the Act is coordinated with section 47 of the Act providing for the competence of the Carib Reserve Council of “custody and control” of the lands in the Reserve.

Article 18. Unauthorized intrusions. Noting the Government’s indication that any encroachment on the territory boundary of the Reserve is referred to the Ministry of Community Development by the Carib Council, the Committee requests the Government to provide information on any cases of unauthorized intrusions upon the lands of the Reserve that have been brought to the attention of the Ministry and the consequent measures taken.

Articles 24 and 25. Health. The Committee notes that there is one health centre in the Reserve and doctors who are not resident visit the health centre every week. The Committee requests the Government to provide information on any measures taken or envisaged to strengthen the supply of health services in the Reserve. Please also indicate whether the Kalinago (Carib) people are enabled to design and deliver health services under their own responsibility and control and whether relevant training programmes are available to local community health workers. Please further indicate whether the health centre employs local personnel.

Article 32. Contact and cooperation across borders. The Committee notes from the Government’s report that there are various levels of cooperation between indigenous peoples in the Caribbean Region involving the Carib Reserve Council. Please provide more information in this regard.

Part VIII of the report form. Noting that it may be helpful for the Government to consult the peoples concerned through their traditional institutions, where they exist, in preparing reports on the application of the Convention, the Committee encourages the Government to do so and to provide information in this respect in its next report.