Dominica
Constitutional structure and position of IHL in domestic law
The Commonwealth of Dominica is a sovereign democratic republic within the Commonwealth. It formed part of the West Indies Federation between 1958 and 1962, became an Associated State in 1967 and an independent State in 1978. It is a parliamentary democracy.
The executive branch consists of a President as the Chief of State and a cabinet headed by a Prime Minister. The unicameral parliament consists of the President and a partly appointed and partly elected House of Assembly. The higher levels of jurisdiction are the Eastern Caribbean Supreme Court (which actually comprises two courts: the High Court of Justice and the Court of Appeal) and the Judicial Committee of the Privy Council.
Section 117 of the Constitution provides that the Constitution is the supreme law of Dominica and that if any law is inconsistent with it, the Constitution shall prevail to the extent of the inconsistency. The Constitution contains no rules on the ratification of treaties. Legal sources in Dominica include acts adopted by Parliament, UK laws and regulations that were in effect immediately before 3 November 1978, that have not been repealed, but which may have been amended by the President before 3 November 1979, and English common law.
On 28 September 1981, the Swiss government received an instrument by which the Commonwealth of Dominica declared its succession to the four Geneva Conventions of 1949, this by virtue of their previous ratification by the United Kingdom of Great Britain and Northern Ireland. The Conventions came into force retroactively on 3 November 1978, the date on which Dominica became independent. Dominica acceded to the two Additional Protocols of 1977 on 25 April 1996.
Full text of the Constitution: 
Constitution (extracts):
Chapter 1: Protection of Fundamental Rights and Freedoms
Sect. 1 - Fundamental rights and freedoms
1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the rights whatever his race, place of origins, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, of expression and of assembly and association; and
c. protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Sect. 5 - Protection from inhuman treatment
No person shall be subject to torture or to inhuman or degrading punishment or other treatment.
Sect. 8 - Provided to the protection of law
1. If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with a criminal offence-
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial.
and the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provided by law under which, he is entitled to adequate notice of the charge an the date, time and place of the trial and to a reasonable opportunity of appearing before the court.
3. When a person is tried for any criminal offence the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committee.
5. A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
6. A person shall not be tried for a criminal offence if he has been pardoned for that offence.
7. A person who is tried for a criminal offence shall not be compelled to give evidence at the trial;
Provided that nothing in this subsection shall prevent the prosecution or the court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure.
8. Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
9. Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceeding shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgement or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority.
10. Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.
11. Nothing in subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioner representing them to such extent as the court or other authority-
a. may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
b. may by law be empowered or required to do in the interests of defence, public safety or public order.
12. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a. subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
b. subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c. subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
13. In the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.
14. In this section "criminal offence" means a criminal offence under the law of Dominica.
Sect. 14 - Derogation from s.3 s.13 under emergency powers
Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 3 [Protection of right to personal liberty] or section 13 [Protection from discrimination on the grounds of race, etc.] of this Constitution to the extent that the law authorised the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Dominica during that period.
Sect. 15 - Protection of persons detained under emergency laws
1. When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say:-
a. he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
b. not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;
c. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;
d. he shall be afforded reasonable facilities to consult a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and
e. at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.
2. On any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make recommendations concerning the necessity of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
3. Nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense.
Sect. 16 - Enforcement of protective provisions
1. If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case for a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section,
and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 2 to 15 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question if it is merely frivolous or vexatious.
4. Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision if the subject of an appeal to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or as the case may be, of the Judicial Committee.
5. The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).
Sect. 17 - Interpretation and savings
1. In this Chapter, unless the context otherwise requires-
"contravention" in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Dominica other than a court established by a disciplinary law, and includes the Judicial Committee and in section 2 and 4 of this Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
a. a naval, military or air force;
b. the Police Force;
c. a prison service; or
d. any such other force or service as amy be prescribed by Parliament.
"legal practitioner" means a person entitled to be in or to enter Dominica and entitled to practice as a barrister in Dominica or, except in relation to proceedings before a court in which a solicitor has nor right of audience, entitled to practise as a solicitor in Dominica;
"member"" in relation to a discipline force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.
2. In this Chapter "period of public emergency" means any period during which-
a. Dominica is engaged in any war; or
b. there is in force a proclamation by the president declaring that a state of public emergency exists; or
c. there is in force a resolution of the House supported by the votes of not less than two thirds of all the members of the House declaring that democratic institutions in Dominica are threatened by subversion.
3. A proclamation made by the President shall not be effective for the purposes of subsection (2) of this section unless it is declared therein that the President is satisfied-
a. that a public emergency has arisen as a result of the imminence of a state of war between Dominica and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or
b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.
4. A proclamation made by the President for the purposes of this section-
a. shall, unless previously revoked, remain in force for twenty-one days or for such longer period, not exceeding six months, as the House may determine by a resolution supported by the votes of a majority of all the members of the House;
b. may be extended from time to time by a resolution of the House passed in like manner as is prescribed in paragraph (a) of this subsection for further periods, not exceeding in respect of each such extension a period of six months; and
c. may be revoked at any time by a resolution supported by the votes of a majority of all the members of the House of Assembly.
5. A resolution passed by the House for the purposes of subsection (2) of this section may be revoked at any time by a resolution of the House supported by the votes of a majority of all the members thereof.
6. In relation to any person who is a member of a disciplined force of Dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.
7. In relation to any person who is a member of a disciplined force of a country other than Dominica that is lawfully present in Dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter. 
