Roseau, Commonwealth of Dominica — Attorney-at-Law Joshua Francis, Dominica’s United Workers Party (UWP) candidate for the Roseau South Constituency, wants the family laws of Dominica upgraded.

Francis, who was raised by his Grandparents in an extended family is passionate about the family institution and is himself a family man with a wife and two young children.

Francis said, “The Family Reform Bill (project) is not being addressed by the Dominica Labour Party (DLP) government; instead, it is lying on a shelf.”

He assured that a UWP government will ensure that the Family Law Reform Act, Senior/Elderly person Act and the OECS Juvenile Law Project will be speedily implemented as three of the primary legal measures to improve the lives of families in Dominica.

                                  Bill of Rights for the Elderly/Older Persons Act

Francis wants to ensure that the Dominica’s laws are updated to protect the rights of the entire Family, but especially “The Rights of Older Persons under the Constitution”, which Francis explained was the goal articulated in the Dominica National Policy on Aging, published by the UWP Government in January 1999, and which the DLP government has failed to implement into Law. The policy stated, “The (UWP) Government recognises that the family is the Foundation of Society. Therefore the overall goal is to provide systems that support the Family, in such a way, as to give older persons, a feeling of importance in family matters and at the same time, enabling the family to take care of the older person”. Legally, he said, “the goal of the policy was to put in place a basic legal structure to protect the rights of older persons”.

According to the attorney-at-law, “The Rights of Older Persons under the Constitution” was in fact the theme of the 16th Annual General Meeting of the Dominica Council on Aging (DCA) held at the Fort Young Hotel in 2011, where Evander Joseph, the then President of the DCA, made a further call for Government to enact legislation to protect the rights of the elderly. He said that up to this day, the DLP government continues to fail to take legislative action to protect the elderly.

Francis pointed out, that caring for the elderly is not only providing financial assistance but encompasses other aspects as well. The UWP is committed to ensuring that seniors are provided with more benefits, full protection under the law, and more security.

                                                Juvenile Laws need updating as well

Noting that the family must be taken care of “from the womb to the tomb, and the cradle to the grave”, Francis said a UWP government will ensure that juvenile laws are addressed and reformed to reflect the needs of our youths.

Francis assured that a UWP Government will address an OECS Juvenile Law project to ensure that juvenile offenders get equitable justice in the court of law of Dominica

He wants to see the parameters of sentencing increased to allow magistrates greater flexibility in sentencing. Francis said that magistrates are at the moment restricted where sentencing of juveniles is concerned.

For instance, under a UWP government, laws for juvenile offenders would be changed to allow magistrates to instruct community service, thereby affording the offender a second chance, Francis said. This would be backed up by establishing a youth detention center, separate from the prisons.

Further, he advocated preventative measures to deter criminal activities by young people. In light of this, a UWP government will provide training schools and other wholesome activities for young people to draw them away from criminal activity.

“We are committed to taking preventative measures for crimes/delinquency and that’s why we believe in training. That’s why training schools and permanent jobs are important….to remove young people who are idle into more positive activities. We understand young people need permanent jobs and positive socialization,” Francis stated.

Another area of concern is the fact that juvenile offenders are placed with adult prisoners, Francis said. He added that, although the law dictates otherwise, Dominica’ magistrates have no choice but to place them with adults.

“We are committed to ensuring that young people are treated as young people . . . therefore, when they find themselves in problems, they are separated from adult prisoners,” he said.

A UWP government would also ensure more training for magistrates to equip them to deal with young offenders effectively. He believes that a better understanding of young people would lead to magistrates making more appropriate punitive choices.

He also spoke about the need for a ‘House of Rescue’ that young people can turn to and may be given second or even third chances.

“We want to be able to rehabilitate our young people. Too many young people go astray and we turn a blind eye to them…”

 

Probate Law

Francis also highlighted the importance of upgrading probate law so that common-law spouses are recognised under new legislation.

He said many Dominican women have been in relationships for several years with the property in the man’s name. After the man passes on, the woman has no legal right to continue occupancy and can be asked to leave by an ‘outside child’.

Additionally, the Maintenance Act now only allows for the payment of $75 per week for a child, and $30 per week for a dependent Older parent. This Act requires urgent review, Francis said, stating that a UWP Government will move to do so.

Another area that will be addressed by the UWP Government is whether a wife can be raped by her husband. Francis said the current law does not recognize rape by a spouse as an offense.

 

 “Together” we can rebuild our Dominican Society, family by family, Community by Community

 

Observing that looking after families is “from the womb to the tomb, and the cradle to the grave”, Francis said the UWP government, will work with the maternity department, to reduce the incidents of prenatal deaths, and as a mark of respect and love for our elders and those who have gone before us, will work with the churches and Village Councils to upgrade and ensure proper maintenance of the cemeteries.

“UWP believes that The Family is the Corner Stone of Society” Francis said, explaining that the UWP wants to uplift and inspire the family; foster security and ensure that the family is more protected. In so doing he said, “together” we can rebuild our Dominican Society, family by family, community by community, and make Dominica the best place in the Caribbean to live, to work, to retire and to enjoy life.”