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NOCPCO halts prohibiting entry for unvaccinated 

19 Sep 2021

  • Gen. Silva cites non-completion of full vaccination of all 30-plus citizens 
  • Ground-level authorities instructed 
BY Ruwan Laknath Jayakody The National Operations Centre for the Prevention of the Covid-19 Outbreak (NOCPCO) has instructed all ground-level authorities islandwide not to implement an earlier announced decision to prevent the entry of those above the age of 30 years who are unvaccinated against Covid-19 to public places.   This instruction comes in the wake of police and security forces personnel in Bandarawela in the Badulla District of the Uva Province and Mannar in the north, last week, barring the entry of those above the age of 30 years who had not taken a single dose of a Covid-19 vaccine, from the Bandarawela and Mannar towns. The vaccination status had been ascertained by way of the production of a card which is first issued when obtaining the vaccine at a vaccination centre. When contacted by The Morning on 17 September, NOCPCO Head and Army Commander Gen. Shavendra Silva said that, since they came to hear of the said incidents in Bandarawela and Mannar, they had informed the relevant authorities, including public health inspectors (PHIs), that this decision should not be implemented yet and not to attempt to proceed with such action arbitrarily. Gen. Silva said the reason is that the authorities have not been able to achieve the target of fully vaccinating everyone above the age of 30 years yet, as had been expected earlier. “We should not do this unless vaccination for the said age category (30 years and above) is completed. It is not right to do so otherwise. On the other hand, we understand that the ground-level authorities did so as they and everyone else are keen to keep their areas secure by preventing the spread of Covid-19 and encouraging vaccination,” he stated.  It was reported that police and security forces personnel had conducted joint inspections at roadblocks situated at various entry points in the said areas and turned back unvaccinated individuals. This step had been taken since a large number of Covid-19 cases had been reported from these areas and to hence direct the unvaccinated towards vaccination.  Police Spokesman Senior Superintendent of Police (SSP) Nihal Thalduwa was not available for immediate comment about the actions of the Police. Minister of Health Keheliya Rambukwella was unavailable for comment.  However, Thalduwa was quoted elsewhere as stating that the turning away of unvaccinated over 30-year-olds from the Bandarawela and Mannar towns had been done based on decisions taken by the respective District Co-ordinating Committees on the Prevention of Covid-19, noting that the Inspector General of Police (IGP) had not given such an order.  On 13 August, Gen. Silva announced that people above the age of 30 years who are entering public places from 15 September onwards would be required to produce their Covid-19 vaccination cards attesting to the receipt of one dose (partially vaccinated) or two doses (fully vaccinated) of a Covid-19 vaccine.  Subsequently, in the same month (August), a complaint at the Human Rights Commission of Sri Lanka (HRCSL) and a fundamental rights (FR) petition at the Supreme Court were lodged and filed by the Sinhala Ravaya Party opposing both mandatory vaccination and making vaccination cards mandatory to visit public places from 15 September. The Sinhala Ravaya organisation cited the people’s (including those who have been infected by Covid-19 and those who have not, and are healthy and are not) right to adopt an arbitrary method of survival against Covid-19, as well as the right to make their own decisions on whether or not to accept Covid-19 vaccines. They also referenced the paucity of evidence concerning the side effects of the said vaccines as grounds for their claim.  Addressing the issue, the Ministry of Health was of the view that while there is justification for such an effective measure under the present circumstances, it should however be implemented with a sound base and only unless there is pre preparation, as otherwise it would collapse and is bound to fail. The Minister of Health emphasised that it would therefore not advocate for any such measure of this nature in the absence of advanced preparation and without addressing aspects that need to be addressed in the first place through a special mechanism.  Commenting on the matter, Ministry of Health Communications Director, Public Health Services Deputy Director General (DDG), and Disaster Preparedness and Response Division Head Dr. Hemantha Herath told The Morning: “Theoretically speaking, if an individual is not willing to get vaccinated or is unable to receive such a vaccine due to cogent health-related reasons, there are two aspects to consider. One is that such an individual thus becomes a vulnerable person and therefore requires protection. The other is that at a time when even fully vaccinated (received two doses of a Covid-19 vaccine) individuals too can and have become vectors of this virus, those who are unvaccinated are at a higher risk of being a vector owing to the viral load and rate of spread. Hence, such persons pose a threat to their family members and the public. Therefore, preventing them from entering public places is a valid reason to suggest this move. It is not like it is something that shouldn’t be done.”  However, Dr. Herath emphasised that there are many aspects of a legal and rights-related nature and practical issues to be considered prior to initiating such, as otherwise it would be a failure.  According to Dr. Herath, on the legal front, firstly, legal aspects pertaining to the matter should be gazetted under the law. Towards this end, for the purpose of authorising such, an existing law could be utilised or a new Act of Parliament could be passed in this regard. The gazette notification should clearly spell out and specify who would be the monitoring authority, the procedure for non-compliance with such, and what the penalties and punishments to be imposed are for the failure to abide by the law.  “This possible course of action was decided upon at one time but since then no other initiatives have been taken concerning such. Therefore, without creating a conducive environment, making such a declaration alone is not going to help.”  Dr. Herath was also critical regarding the use of the currently issued vaccination card for the said purpose, and therefore called for a proper card suited for the purpose to be issued in lieu.  “Under the current situation, it is not practical to use the vaccination card as a form of identity card. This card is not durable in terms of carrying it everywhere when going out. Hence, a proper card that can safely and effectively be taken outdoors should be issued.”  Previously, Dr. Herath had elaborated on the need for a separate card to be issued to those who cannot get themselves inoculated against Covid-19, as per medical advice, owing to health-related complications that may result due to pre-existing conditions including severe allergies. 

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