Scales of justice with Dominica landscape

Your Rights

Dominica is legally bound by the Escazú Agreement and the Physical Planning Act of 2002. Here is what that means for you — in plain language.

The Escazú Agreement

The full name is the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean. Dominica became the 16th state party. It is legally binding — not just a suggestion. It treats the right to a healthy environment as a fundamental human right.

Pillar 1: Access to Information

Article 5

What it means: You have the right to access any information about development projects that may affect your life. This includes EIA documents, quarry monitoring results, water-quality tests, and government contracts.

How to use it: Send a written request to the relevant government ministry. They are legally required to respond. If they refuse or ignore you, the Escazú Compliance Committee can be engaged.

Example: If you want to know the exact chemical composition of the basalt being quarried at Deux Branches, or the latest river-quality test results, you can formally request this data. If the data about mud runoff into rivers is being withheld, the Escazú Agreement gives you a legal mechanism to demand it.

Pillar 2: Public Participation

Article 7

What it means: The government must allow meaningful public participation in environmental decision-making. “Meaningful” means real input that can actually influence the outcome — not a rubber-stamp meeting after decisions are already made.

How to use it: Attend public hearings, submit written comments during consultation periods, and demand that your input is documented and considered.

Key concern: The Wesley Development Organization (WDO) has cited a “lack of consultation,” which may constitute a breach of this pillar. A “Participation Tracker” documenting every meeting — and whether community voices were formally integrated — would serve as important evidence.

Pillar 3: Access to Justice

Article 8

What it means: If your environmental rights are violated, you can challenge those decisions in court or through international mechanisms.

How to use it: Exhaust local remedies first (courts, ombudsman). If those fail, you can file a “Communication” to the Escazú Compliance Committee.

Precedent: The Stop Order issued in December 2025 demonstrates that Dominica’s domestic legal system is capable of halting projects for judicial review. This is access to justice in action.

Protection for Environmental Defenders

Article 9 of the Escazú Agreement requires Dominica to ensure a “safe and enabling environment” for people who speak up about environmental issues. This means:

• No intimidation, threats, or harassment against people who protest environmental harm.
• No criminalization of environmental advocacy.
• Protection from smear campaigns or retaliation.
• Those protesting at Deux Branches are, under international law, “Human Rights Defenders in Environmental Matters.”

The Physical Planning Act of 2002

This is Dominica’s domestic law that governs land use and development. It requires an Environmental Impact Assessment for projects that could significantly affect the environment.

Outline Permission vs. Full Application: An “outline” approval is a general green light in principle. A “full application” requires detailed environmental safeguards. The controversy at Deux Branches partly stems from the tension between these two stages.

Your right: You can request to see the full application, including all EIA conditions and mitigation plans, through the Access to Information pillar of Escazú.