Isolation of COVID-19 infected persons who deliberately endanger public safety not tantamount to jail

Dear Editor,

I wish to thank Ms Sherlina Nageer for her queries concerning a statement attributed to me last week in your newspaper about measures the Ministry of Public Health can implement to help curb the spread of COVID-19 in Guyana.

In her letter, she quoted a paragraph in which I am quoted as saying that “as an extreme measure, the Ministry will employ methods to forcibly detain persons in the interest of public safety.”

I do not deny this assertion. My statement was made prior to the recent Presidential Orders and premised on the extant Public Health Ordinance (Chapter 145) which stated, inter alia, in article 139 (1) (g) that the Constitution provides “that a person may be deprived of his or her personal liberty as may be authorised by law for the purpose of preventing the spread of an infectious or contagious disease.”

Article 148 (3) (b) also stated that

“A person may be deprived of his or her freedom of movement through an imposition of restriction by law on the person’s movement or residence within Guyana that are reasonably required in the interest of public health.”

The crafters of our Constitution did foresee the likelihood of citizens ignoring or actively resisting containment measures to help thwart the spread of infectious diseases, endangering the lives of other citizens, and deliberately promoting the circulation of ailments such as COVID-19, thus those aforementioned measures among others in the Health Ordinance.

Earlier in the week, the Presidential Orders gave legislative ‘teeth’ to those extant Constitutional provisions.

While infected persons who deliberately/maliciously ignore public safety requirements, thus jeopardising the lives of other citizens, can have their liberties severely restricted, that is not tantamount, in my estimation, to incarceration or being “jailed”, to use Ms Nageer’s term.

The Public Health Ministry has identified places to house infected persons who need to be isolated, but might have difficulties doing so in their homes, and any of those can suffice to house willful transgressors “in the interest of public safety.”

The Ministry of Public Health hopes that better sense prevails in these “troubling times” to prevent the use of trained security personnel as a further precautionary measure. Should those additional robust measures be necessary, collaboration with the Public Security Ministry will assure that their “human rights and dignity” (Ms Nageer’s phrase) are respected and safeguarded.

The Public Health Ministry and her local and international partners such as PAHO/WHO are committed to ensuring that Guyana beats the spread of COVID-19 and are grateful for the overwhelming positive response and support of the nation.

We wish to thank you in advance for your continued support.

Yours faithfully,

Dr Karen Gordon-Boyle DCMO

Ministry of Public Health