IACHR expresses concern regarding the electoral reform process in the Commonwealth of Dominica

April 16, 2025

Washington, DC - The Inter-American Commission on Human Rights (IACHR) expresses concern regarding the Commonwealth of Dominica's electoral reform process and reiterates its confidence in the State to uphold democratic principles enshrined in the Organization of American States Democratic Charter and in the American Convention on Human Rights.

The IACHR has monitored Dominica's electoral reform efforts since 2018, noting civil society's concerns regarding the integrity and independence of electoral entities, lack of campaign finance regulations, and the recent removal of the five-year absence rule for voter registration. The financing of voter transportation from abroad by political parties has also been flagged as an issue by electoral missions. In 2023, the Electoral Reform Commissioner, appointed in 2020, proposed draft Bills to enhance electoral transparency and voter protections, and ensure a more inclusive and equitable electoral process.

In May 2024, the Government introduced three pieces of legislation: the Registration of Electors Bill and its accompanying Regulations, the House of Assembly Elections Bill, and the Electoral Commission Bill. These Bills include provisions on a range of electoral matters, such as voter identification requirements, procedures for the registration of electors, and the implementation of an annual review of the electoral register. They also address issues such as bribery and treating, residency rules for voter registration, and the principle of equal access to State media, among other topics. However, the content of these Bills omitted provisions that the IACHR considers important to protect political rights, including measures related to campaign financing and safeguards to ensure the independence of the Electoral Commission.

In contrast, the State has indicated that the issue of campaign financing warrants further analysis and should be addressed through a regional approach. It also reports that the draft electoral Bills were subject to broad consultations with opposition parties, civil society, the Bar Association, religious organizations, and the media. According to the State, these consultations were broadcast live to ensure transparency and public accessibility.

On March 19, 2025, the House of Assembly passed these Bills, triggering widespread protests. State forces, warning that no "permission" had been granted to anyone to stage a protest outside the Parliament building, responded with tear gas, rubber bullets and physical attacks against persons assembled. The Commission has been informed that, as a result, since the date of approval of the reform until April 9, at least 24 persons, of which four are women, have been arrested, including opposition leaders, lawyers and human rights defenders. While the majority have been released on bail under strict conditions, one person remains on remand at the Dominica State Prison.

The American Convention on Human Rights, the American Declaration of the Rights and Duties of Man, and the Inter-American Democratic Charter collectively affirm that citizen participation in decision-making is both a fundamental right and a cornerstone of democratic governance. The American Convention on Human Rights explicitly guarantees every citizen's right to vote and engage in public affairs. These instruments serve to uphold and protect political rights, ensuring the integrity and legitimacy of electoral processes.

Additionally, the IACHR has underscored that social protests play a crucial role in the preservation and strengthening of democratic systems, encompassing the rights to freedom of expression, peaceful assembly, and association.

In principle, any restrictions imposed on these rights must not be based on the content or form of the protest, nor on subjective assessments of its legitimacy. Furthermore, the exercise of freedom of assembly through social protest should not be conditioned on prior authorization or on disproportionate requirements that hinder its execution. Any limitation must strictly adhere to the principles of legality, necessity, and proportionality. States have an obligation to safeguard the rights of individuals engaging in protests, to protect their physical integrity, and ensure unhindered access to the press. To this end, the IACHR calls on the Commonwealth of Dominica to respect the principles of democratic participation and to end the targeting and criminalization of citizens exercising their rights to assembly and to participate in public demonstrations.

The IACHR further calls on the Commonwealth of Dominica to ensure that the electoral reform process, beyond the passage of legislation adheres to international human rights standards. The reform of electoral systems must aim to strengthen the independence of electoral institutions, promote fair and transparent campaign financing, and ensure equitable access to the electoral process.

Additionally, the Commission calls on the State to continue to engage in meaningful dialogue with civil society, opposition groups, and all stakeholders to address their ongoing and unresolved concerns regarding electoral reform. Mechanisms for transparency and accountability in electoral processes, particularly in relation to campaign financing and the transportation of voters from abroad, must be implemented. The IACHR reaffirms that citizen participation is a fundamental pillar of democracy and calls on the State to ensure that all electoral reforms respect the principles of universal suffrage, equality, and accessibility.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

No. 074/25

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