Like in the United States, and across the world, Guyana is witnessing vigorous protests, politically-inspired, against taking the vaccine to protect against the COVID-19 virus. Mr. Joe Harmon, Leader of the Opposition, like President Donald Trump, has taken his vaccinations and has dutifully called on the public to do so. At the same time, his supporters are leading demonstrations of resistance to the vaccines under various slogans, including ‘my body, my choice,’ ‘no mandatory vaccine,’ ‘we ain’t taking no bully,’ ‘we ain’t paying for no test.’ Most astonishing in Guyana and elsewhere, vaccine resisters include office workers in the private sector, public servants, health workers and teachers, who should lead the way by example in taking the vaccine. But like everything else in Guyana, the resistance is infused with politics, and it violates my right to safety.
The vaccine resistance campaign asserts that it is the right of persons not to take the vaccine and that the government is acting dictatorially in such an insistence. The leaders of the campaign are misleading their supporters. The followers, who should know better, like teachers, health workers and other public servants, are demonstrating appalling ignorance when they frame their objections on dictatorial behaviour on the part of the Government. Article 139(1) of the Constitution provides: “No person shall be deprived of his or her personal liberty save as may be authorized by law in any of the following cases, that is to say,….(g) for the purpose of preventing the spread of an infectious or contagious disease.”
No one has a personal liberty, based on any constitutional right, to enter his/her place of employment. An employer can deprive an employee from entering the place of employment for a variety of lawful reasons. Assuming that I am wrong and that an employee has a constitutional right to enter his/her place of employment, under article 139(1)(g), quoted above, the State has a right to deprive an employee, or any other person, from entering places of employment, or any other place, to prevent the spread of an infectious or contagious disease. The actions of the Government in prohibiting the entry of its employees to their places of employment unless they are vaccinated, or produce a test report at their expense, is lawful. The height of arrogance is displayed by those, who would potentially walk with a loaded gun aimed at others (a COVID-19 infection), because he/she refuses to be vaccinated, and insists on the Government paying for his/her test. As many say, this can only happen in Guyana!
According to a statement from the Department of Public Information on March 18, 2020, President Granger approved measures to prevent the spread of COVID- 19. Among the measures is authorizing the then Public Health Minister, Volda Lawrence, to take measures to “restrain, segregate and isolate persons suffering from the disease, or who may be likely from exposure to the infection suffer from the disease.” The Minister is also authorized to “remove to the hospital and provide curative treatment of persons suffering from the disease….and may remove, disinfect and destroy the personal effects, goods, buildings and any other article, material or thing exposed to infection from the disease.” The Order signed by the President also authorized the Minister to take measures to “diagnose, prevent or check the disease, including the prohibition or restriction of movement of persons and public and private conveyances of any kind whatsoever…” The Order carries more restrictions, but it demonstrate that more than a year before this Government came into office, measures were implemented without opposition by APNU supporters, or others, to lawfully restrict their rights. The argument that constitutional rights are being violated by the measures imposed under a lawful Order signed by President Granger, is bull$#!t.
Then there are restrictions against members of the public who have not been vaccinated. Government services are not being refused to them. But they must make an appointment and produce a test before entry into the premises to conduct their business. Most private businesses do not insist on these requirements but they are required to, and do provide, for measures of protection, such as ensuring masks and disinfecting hands. Some provide for temperature tests. However, it is quite within the Government’s remit to take the steps that it did.
Mr. Harmon, who has himself been vaccinated with the Sputnik V vaccine, has encouraged the public to be vaccinated and has called for the Government to intensify and expand its campaign to convince those who are hesitant about taking the vaccine. He has offered to participate. The Government should indeed expand its outreach and engage Mr. Harmon. But Mr. Harmon is his Party’s Parliamentary Leader and he has tremendous influence over his colleagues. He should do more to restrain them from using propaganda to whip up hysteria about the vaccine.
It is understood that those who do not follow the news and information, are apathetic, are busy earning a living, would need encouragement by way of heightened promotion of the necessity for the vaccine, such as suggested by Mr. Harmon. But what do you do about health workers, and even doctors, who know but display a disgraceful lack of leadership?
This column is reproduced, with permission, from Ralph Ramkarran’s blog, www.conversationtree.gy
