This Government seems drunk on power
Dear Editor,
Prime Minister Andrew Holness, to me, is a dictator-in-training.
Leveraging the COVID-19 crisis for his special benefit, he has realised his long-held dream of top-down authoritative control of Jamaica. The crisis sets the stage for unprecedented governmental control. Who can deny that appropriate measures must be taken by the Government to safeguard the lives of Jamaicans? But the current pandemic has given the Holness-led Administration the perfect excuse to take away the rights, freedoms, and liberties of the Jamaican people.
There is no doubt that COVID-19 poses a threat to public health and the Government has to take measures to mitigate, control, and stop the spread of the virus. I acknowledged and supported the need to restrict certain liberties in the interest of the public good. However, the Holness Administration has ceased the “unique window of opportunity” that the crisis provided to place its proverbial knee on the neck of the Jamaican Constitution for over a year. This has to stop.
There is no justifiable reason for the perpetual infringement of Jamaicans’ rights, freedoms, and liberties. Whereas the law provides that in certain situations, like a disease outbreak, the Government may take appropriate measures to protect life and property, it, unequivocally, does not allow for broad constitutional powers to be conferred on the prime minister, who can then define and declare states of emergency or disasters at his pleasure. Moreover, a democratic leader would find a unique mix of measures that would preserve the essence of the Charter of Fundamental Rights and Freedoms, and simultaneously safeguard the health and safety of citizens.
Public health policy must comply with the Jamaican Constitution, the International Covenant on Civil and Political Rights (specifically the Siracusa Principles), and the Nuremberg Code. The objective is to ensure the safety and security of Jamaicans. The limitations and/or restrictions placed on Jamaicans must be necessary and meet the standards of legality, proportionate in pursuing a legitimate aim to remedy an urgent public or social need. However, Holness, having taken swill of his “emergency powers” has become a regular with use of the Disaster Risk Management Act.
The novel coronavirus pandemic provided the perfect setting for the would-be dictator. Jamaicans are arrested and fined for not wearing masking and keeping “illegal” parties, without the observance of due process of law. For there to be a crime, there must be an injured party. The State cannot claim to be the injured party, while simultaneously presiding over the matter, as this would run afoul of the principle of impartiality.
This Administration seems drunk on power and has exceeded its constitutional responsibilities. It has exploited the current calamity to terrorise Jamaicans with perpetual restrictions, curfews and lockdowns. Enough is enough!