Statement by DFP on proposed anti-terrorism bill

Kent Vital is political leader of the DFP

It has come to the understanding of the Dominica Freedom Party that it is the intention of the current government to bring before Parliament on Monday 25th June, 2018, an anti-terrorism bill and to have all three readings of the bill at the same seating of Parliament.

Since that matter has been brought to the attention of the general public most notably from June 19th 2018, there has been wide public calls (on the radio wave and through social media) for the bill to be fully ventilated by the public before its passed into law.

In the interest of fostering a calm atmosphere, the Dominica Freedom Party appeals to the government to refrain from having all three readings of the bill at the one seating of the Parliament carded for June 25th. We ask that there be adequate time for the general public to fully understand the draft law.

The Dominica Freedom Party is willing to contribute to this by engaging with the public on the merits or demerits of the draft legislation. Though we are continuing to review the legislation, at this point we want to make some preliminary comments. In due course, we would want to make more specific recommendations for adjustments to the legislation towards arriving at an act that would be acceptable for the vast majority of nationals.

The Dominica Freedom Party understands the need to put in place anti-terrorism legislation especially as an element of the country’s role as part of the international community in contributing to improved security on the global stage. However, adjustments to our legislation in that regard must not be overbearing and must not infringe on the fundamental rights and freedoms of our people except where the suppression of such rights and freedoms is necessary for the public interest in accordance with the constitution of the Commonwealth of Dominica.

The provisions in the constitution of the Commonwealth of Dominica were made in furtherance of a number of precepts that we cherish as a people. These precepts broadly relate to the supremacy of God, the equal and inalienable rights with which all members of the human family are endowed by their creator, the principle of social justice, and belief in a democratic society. Moreover, the constitution notes that the people recognize that all men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law.

The people have a right to be guardians of the above precepts and in doing so they would need to use all reasonable tools. Such tools include the right to demonstrate and to protest. Protest must be protected in that regard and must not be confused with terrorist actions. The extent of protest that citizens may engage in an any point in time will always depend on the gravity of the threat to the fundamental rights and freedoms of the people. The distinction between legitimate protest action and terrorist actions must be absolutely clear in the anti-terrorism legislation.

Part 1 subsection (2) of the bill states:
“An act which … (b) disrupts any service and is committed in pursuance of a demonstration, protest or stoppage of work and is not intended to result in any harm referred to in paragraph (a) of the definition of “terrorist act”, shall not be considered a terrorist act.”

Hence the bill attempts to separate what is considered terrorist acts from other legitimate acts of protest. However, what constitutes “protest” in not defined in the bill and there this leaves room for the anti-terrorism act (if passes as reflected in the current bill) to be used to subdue legitimate acts of protest by people who act in the defence of democracy, where these acts can be maliciously categorised as terrorism acts.

For instance, if the people were to determine that a government were pursuing a line of action that infringes on their democratic rights and freedoms; or if people were to think that a government is not following the rule of law; and if after the people would have taken all reasonable actions without avail to get the government to change course; and the people then embark on civil disobedience as their only remaining course of action, then it is likely that some elements of their actions could be wittingly or unwittingly misconstrued to be terrorist acts based on the current draft law.

This is not acceptable to the Dominica Freedom Party and towards arriving at legislation that is acceptable to all, we see the need to fully define in the act what constitutes “protest” to ensure that legitimate protest actions are not deliberately or otherwise confused with terrorist acts.

Since this is proving to be a sensitive matter for the people, it should not hurt the government to allow the people to fully understand the need for the proposed anti-terrorism legislation and to provide opportunity for the public to make recommendations that they see necessary to protect their fundamental rights and freedoms and to ensure that there are adequate tools at their disposal to protect the precepts embedded in the Constitution.

 

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29 Comments

  1. Frances Joseph
    June 22, 2018

    Those who are leaving comments indicating that there are no issues with the proposed law should sit back and think about this since this could impact you and your relatives in the future. The subsection 2 referenced in the article above states “and is not intended to result in any harm”. How do you determine if the protest was INTENDED to result in harm. This could be subjective, so your intent might not have been to result in harm but based on how things currently work in Dominica, some official could say that it was your intent and you would suffer the consequences! Please stop being biased and party political and think, think, think!

  2. Smh
    June 22, 2018

    Ignorant Dominicans thinking ignorantly. All the man said was we need time to go through the bill and we should not have all 3 readings in one sitting of parliament. And he was saying that the bill does not clearly denfine what protest is. U people just ignorant and one track minded.

    Lennox was running his mouth about what a terrorist act is which the bill clearly defined according to Lennox.

  3. Jonathan Y St Jean
    June 21, 2018

    It sounds like the president, the prime minister, the minister of national security and the chief of police will determine what constitutes a terrorist act especially when there is protest action against the behavior of the government. We have seen that we can’t rely on the laid back judicial system to act quickly and in a timely manner to adjudicate on national matters, so until there is specific clarification in this bill the public must be given ample opportunity to discuss and digest the bill and give feedback before the final form is enacted into law in parliament. Why the rush by this secretive and untrustworthy government? Remember the Patrick John saga and don’t let history of this sort repeat itself.

    • June 21, 2018

      You not listening to your boss, he is now saying that the bill is OK and has apologized for his public misleading statements.

    • Barbara Saunders
      June 22, 2018

      Mr. Vital and Mr. St. Jean

      This week we have had such a lesson in observing the virtues of being measured, cautious, informed, analytical, balanced and disciplined in our speech and actions, particularly when we are in leadership positions.

      I do hope that we have learned from this episode. I hope that we will now be more tolerant of the views of people who think for themselves, who refuse to be dragged on to bandwagons of misinformation; destructive and toxic posturings; country bashing at every turn; dirt digging as a career, etc.

      I say, there must be a better way to win over people’s minds and support!

      Have we taken note of the international embarassment that America has become? Did America need a crystal ball to forsee what is happening now? Trump did not pretend to be anything other than he is now, so why the outcry after voting on emotion based on hatred of the other candidate? Both candidates were flawed, but ever heard of the lesser of the evils?

  4. Not A Herd Follower
    June 21, 2018

    Well said, Mr. Vital. The Bill needs widespread discussion given its grave implications, especially, as you said, there’s a lot of vagueness in the proposed Bill. Of course, the vagueness js deliberate.

  5. June 21, 2018

    Read the whole bill not just part. The leader of the opposition opposition has already apologized for not understanding the bill and giving out misleading information about the bill. We are too quick in Dominica to believe what the party we support beaches out.

    • June 21, 2018

      .correction……belches out……

  6. Original
    June 21, 2018

    Seems like we are on the course of having history repeating itself but this time the context maybe slightly different! Is this the same reason why the dread act is hidden from the public?

  7. Francisco Etienne-Dods Telemaque
    June 21, 2018

    Why do we need an anti-terrorism act in Dominica; do we have terrorist in Dominica committing terrorism acts of violence such as bombings and murder?

    Anti-terrorism legislation’s are laws of which the purpose is fighting terrorism; they usually follow specific acts such as crimes as bombings, and the assassination of innocent people in a country or state. Such legislation always includes special amendments allowing the government to bypass its own  legislation when fighting terrorism related to crimes on the pretense of necessity.

    Anti-terrorist act simply means an act that is likely to result in serious bodily injury, or damage to property, and the environment; while at the same time intended to intimidate, or coerce (force)  the civilian population; influencing the policy of a branch or level of government by intimidation; or affect the conduct of a branch of government by intimidation, or coercion!

    Roosevelt is preparing for war; his planed is to implement some draconian…

    • antidote 4 stupidity
      June 22, 2018

      Boy we are part of the international community. Intelligent people accept the need for the law . The concerns of these people are in regard to the protection of human rights in the implementation of the law. OK. Doh play dotisn there.

  8. Roy Williams
    June 20, 2018

    The evil that men do will always live with them. This terrorism bill might come back to bite Skeritt. When Lennox Linton and the UWP win the next general election, that same bill will be under their control. Therefore, Skeritt will be subjected to the same requirements of the law.

    • June 21, 2018

      Roy Williams, Lennox has apologized for not understanding the bill and for misleading Dominicans. His apology came after he reportedly received a stern talking to from a high ranking US official. Reports states that he was told that the legislation was in the interest of the US and he should support it or else………Could you Mr. Williams name an instance when your esteem has apologized for anything he has said or done?

      • Roy Williams
        June 21, 2018

        Talk is very cheap. Please tell Dominicans the name of the U.S. Embassy official who told you or Skeritt that he spoke to Lennox Linton. Could you produce a transcript or recording of the conversation between Lennox Linton and the U. S. Embassy official, you mentioned in your comments.

    • Winston Warrington
      June 21, 2018

      Roy you are losing it Bro. The bill is a result of regional consultation and collaboration among notables versed in law.

      • Roy Williams
        June 21, 2018

        Typical laborites, if they don’t verbally attack or denigrate members or supporters of the opposition, they are not happy.

      • Francisco Etienne-Dods Telemaque
        June 22, 2018

        Warrington, have you reviewed the places in the more developed world, namely France, Spain, and other places in Europe where anti-terrorism laws are in effect?

        Why would you support something like that in Dominica, when it will eventually return to haunt even you!

        Oppressive laws like that has no particular person or group of people name written on the pages the law is written.

        You talk about some bill of regional consultation/collaboration. Dominica is an independent sovereign  nation; it is not mandatory for Roosevelt to affix his signature to every bit of paper pushed in his face by anybody from the neighboring islands which are all much more developed than Dominica.

        Because of Skerrit incompetence, and like to sign to every stupid agreement, we saw a nasty bit of Jamaica filth came to our country, brook the laws of our land, and when he was deported from our country, he went home to Jamaica, and sue Roosevelt: to this day no one knows how many millions Roosevelt paid…

    • mine
      June 21, 2018

      Roy, what do you have to say about Lennox apology, embarrassment.

    • mine
      June 24, 2018

      When roaster grow teeth lennox will be PM<

    • kemuel baron
      June 29, 2018

      lol that is if linton ever win lol ….. that is that will be the day lol .

  9. Nemesis
    June 20, 2018

    Boss, you are a follower not a leader. Look how you join LL and make all you selves look like the fool twins of politics. So I’ve done just like LL and read the first paragraph, and now I’ll tell you that you are stupid and what you have written is just pure rubbish.

    • Smh
      June 22, 2018

      And you just made yourself a fool by calling the man a fool when he and Lennox talking about 2 separate but related issues about the bill… Typical Dominican

  10. Sue Donym
    June 20, 2018

    DFP the word is “sitting” not “seating” of parliament. Man how do you all expect to be even taken seriously smh

  11. Truth Be Told
    June 20, 2018

    Under this new bill, Dominica terrorist number one would be His Excellency President Charles Saverin!

    • RasD
      June 20, 2018

      Well said ::::::

  12. RasB
    June 20, 2018

    It is obvious that before a bill can be made into law, the need for three readings were determined for a particular reason. It would seem that reason is to ensure adequate discussion on the bill and possibly modifications before it can be enacted into law. To rush such an important bill through parliament without the necessary discussion and modification which can not rightly occur over a single setting is yet another step that this government is taking towards dictatorship. It must therefore be resisted by any means necessary.

  13. kemuel
    June 20, 2018

    that party alive nah ? i thought they join dlp or uwp ……… my bad

    • George Bryant
      June 20, 2018

      This leader seems to be too caught up in the UWP politics. That DFP is more of the same, no difference. He’s an obstructionist just like his thinker, Lennox.

      • Danziger
        June 23, 2018

        And he need to comb his CHEVEUX DAILY.

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