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Health concerns or suppressing dissent?

18 Jul 2021

  • Health Ministry has banned protests until further notice: Maj. Gen. Alwis
  • TUs call for formal inquiry to prevent misuse of health regulations in future
By Yoshitha Perera In the wake of the Covid-19 pandemic, quarantine regulations were put in place to curb the spread of the virus and some of the restrictions were recently eased by the Government. However, the recent arrests of trade unionists and activists who were engaged in protest campaigns and their eventual enforced quarantine process has caused much controversy, with questions being posed on whether the Covid-19 travel restrictions were being used to silence dissent and curtail rights and freedoms. Within the past few weeks, several incidents were reported where the Government and the Police had allegedly used strict measures under the Covid-19 regulations to stifle protesters who raised their grievances through peaceful protests against the various administrative decisions taken during the past couple of months. Many trade union activists claimed that the crackdown on dissent under the current administration has seen an increase and that anti-Covid-19 laws are being used to pressure, assault, threaten, and carry out arbitrary arrests of these trade union and civil society activists. Human rights organisations have also raised concerns over the Government allegedly using new techniques to restrain dissent. According to the Quarantine and Prevention of Diseases Ordinance, the subject minister could make, revoke, or vary such regulations when it is necessary. With the spread of the Covid-19 pandemic, the Government had modified and imposed these regulations frequently. According to a recent letter issued by Director General of Health Services (DGHS) Dr. Asela Gunawardena to the Inspector General of Police (IGP), it had been mentioned that Sri Lanka has banned protests and public gatherings until further notice to prevent the spread of the virus, adding that the violation of the said decisions would be connected to quarantine regulations. These decisions have not been included in the Quarantine and Prevention of Diseases Ordinance and many lawyers, including the Bar Association of Sri Lanka (BASL), claimed that the authorities should not use quarantine as a punishment or a manner of detention. On 8 July, nearly 30 trade union and civil society activists were arrested by the Police for allegedly violating quarantine regulations, who were then produced before several magistrates’ courts. When the Police had requested the magistrates to send the arrested individuals for quarantine, the magistrates had informed the Police that the court has no power to send them for quarantine, according to the Quarantine and Prevention of Diseases Ordinance, and had ordered their release on bail. However, a tense situation arose after a group of protestors who were earlier arrested and released on bail were forcefully taken for quarantine without notice. Nearly 16 people who were arrested while protesting against the proposed Sir John Kotelawela National Defence University (KNDU) Bill are currently in quarantine at a facility in Mullaitivu, which is under the supervision of the Sri Lanka Air Force. Frontline Socialist Party (FSP) Propaganda Secretary Duminda Nagamuwa, who was released on bail after being arrested, was also sent for quarantine at a facility under the Sri Lanka Army in Pallekele. Protesters face further blocks However, sharing views with The Sunday Morning, Secretary to the Ministry of Public Security Maj. Gen. (Retd.) Jagath Alwis said the health authorities have issued protocols on banning protests until further notice and that the Ministry would have to abide by those decisions. “We (the Ministry) have not banned protests, but if the health guidelines are not followed, we have to place them (protesters) under quarantine as per the direction given by the health authorities. Even in the last incident, the Police must have definitely consulted the public health inspectors (PHIs) and relevant medical officers of health (MOHs).” While stating that the people have a right to protest, Maj. Gen. Alwis said that if people are violating health regulations, the Police have to take action according to the recent health guidelines. “Some political parties have a habit of conducting these kinds of mass gatherings, but we are worried about the health of the population. We are working with the Health Ministry to keep the country somehow open while continuing the vaccination programme. As of last Tuesday, 70% of the people who are eligible for vaccination in Colombo have obtained their jabs with the assistance of the armed forces, and we don’t want to disrupt those operations due to such demonstrations which violate health guidelines,” he added. Furthermore, Minister of Public Security Rear Admiral Sarath Weerasekara, addressing Parliament on 10 July, said the Government will not hesitate to arrest individuals who break the health regulations and are involved in protests during the pandemic period. He also mentioned that the regulations have been made by the DGHS and not the politicians, adding that according to the Quarantine Ordinance, he has the authority to issue such directions. When contacted by The Sunday Morning, PHIs’ Union Secretary Mahesh Balasooriya said that as the union representing PHIs in the country, they had not been aware of any letter issued by the health officials to place civil and trade union activists under quarantine. “If there was a letter issued by the health authorities, the Police have to produce it before courts. However, we are not aware of any such letter issued by the PHIs to quarantine these activists,” he clarified. Balasooriya said the DGHS had issued a letter banning public demonstrations and gatherings temporarily due to the prevailing Covid-19 situation in the country and that they could take legal action if the protests had caused a severe public disturbance. He also noted that if these protestors had violated the health regulations according to the Quarantine and Prevention of Diseases Ordinance, which is mentioned by the Police, the PHIs have the power to report facts to the court. “As the Secretary of the union, I didn’t see any such letter and there was no necessity to give such a letter to the Police by the PHIs when they can report facts to the court straightway, according to the powers vested upon them by the Ordinance.” BASL raises concerns The BASL expressed grave concerns over the recent arrests and the detention of protestors by the Police for supposedly violating health regulations relating to Covid-19. Issuing a letter to the IGP, the BASL stated that the arrests were made subsequent to a press release issued by the Police Media Division, mentioning that the DGHS had issued directions to the IGP to ban protests and public gatherings until further notice. However, there was no date disclosed by the Police on when the letter had been sent to the IGP by the DGHS. “Public protests straddle three important fundamental rights in the Constitution – namely, the freedom of speech and expression, the freedom of peaceful assembly, and the freedom of association guaranteed – by Articles 14(1) (a), (b), and (c) of the Constitution. Public protests also strengthen the freedom of thought, which is entrenched as a fundamental right by Article 10 of the Constitution,” the BASL letter noted. It was also mentioned that the rights under Article 14(1) may be restricted by law in the interests of public health. However, such restriction must be done by law, must have a nexus to the objective sought to be achieved, and must be reasonable. According to recent health guidelines issued by the Ministry of Health, it had permitted several indoor and outdoor activities such as the operation of spas, supermarkets, and restaurants; opening of liquor shops; and permitting exercise and jogging outdoors. However, the said guidelines have not mentioned public protests and demonstrations as prohibited activities. Speaking to The Sunday Morning, senior lawyer Upul Kumarapperuma also raised concerns and said that quarantine regulations could not be used to crack down on dissent. “In general, the DGHS cannot issue regulations or directives and the letter that was sent by him to the IGP is ultra vires. He has no power to issue such a letter,” he stressed. According to the Quarantine and Prevention of Diseases Ordinance, a person could be sent to quarantine if that person arrives from abroad, if a person is a contact of any infected person, or if the health authorities thinks that the person who is infected has to be quarantined for a further period. TUs displeased with suppression of dissent While emphasising their displeasure, many trade unions urged the law enforcement authorities to conduct a formal and expeditious investigation into ambiguous decisions taken by certain administrative heads and to protect public confidence in the country’s health service and quarantine law. In this regard, The Sunday Morning spoke to Government Nursing Officers’ Association Chairman Saman Ratnapriya, National Fisheries Solidarity Organisation (NAFSO) Co-ordinator Anthony Jesudasan, All Island Farmers’ Federation (AIFF) National Organiser Namal Karunaratne, Ceylon Teachers’ Union (CTU) General Secretary Joseph Stalin, Joint Council of Profession Supplementary to Medicine President Ravi Kumudesh, and National Trade Union Centre (NTUC) Secretary Mahinda Jayasinghe. All representatives raised their grievances and said that on 8 July, the Police forcibly took trade union and civil society activists for quarantine and the PCR samples obtained had confirmed that they were not infected with the virus. “As a result of the above action, a controversy has arisen in the country as to whether the decision-making process in the health services is a matter of public health only and the terms ‘quarantine detention’ and ‘quarantine detainees’ are being added to the vocabulary as new terms,” they said collectively. It was also noted that “quarantine arrest” or detention is a sole decision of the health services and not the Police or any other party.  In these circumstances, unions urged a formal inquiry into the matter. Meanwhile, CTU General Secretary Stalin and 15 other activists who were arrested and subsequently sent for quarantine tested negative for Covid-19.


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