Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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.