St Lucia Opposition in opposition to Removing of State of Emergency

St Lucia’s primary opposition United Employees Social gathering (UWP) on Monday criticized the choice of the St. Lucia authorities to carry the state of emergency (SOE) because the island continues to grapple with the affect of the coronavirus (COVID-19) pandemic.

“In mild of the revocation… the Authorities has proceeded to rely solely on the COVID -19 Management and Prevention Act to ban the meeting of two or extra individuals in a public place and to restrict ‘an individual to their place of residence’, within the curiosity of public well being.”

The UWP, which misplaced the final common elections in July this yr, mentioned that underneath the Structure, St. Lucians are entitled to sure rights and freedoms and the 2 freedoms which are the topic of dialogue are Part 11 freedom of meeting and Part 12 freedom of motion.

“The Structure can be very clear that sure rights and freedoms might be derogated within the curiosity of protection, public security or public order,” the social gathering mentioned.

Final week, Prime Minister Phillip J Pierre, indicating that St. Lucians should reside with the coronavirus (COVID-19) pandemic for the ‘foreseeable future” introduced an finish to the SOE that had been put in place by the final administration.

“On October 16, the state of emergency will finish and won’t be reinstated,” Pierre mentioned, acknowledging that a number of the present protocols would stay in place till the tip of the month.

“As we attempt to search out the precise stability between securing some stage of normality in our every day lives and combating the COVID-19 pandemic, the COVID-19 virus seems like it will likely be with us for the foreseeable future and we should due to this fact start the method of residing with that actuality whereas taking the required measures to keep away from a dysfunctional society,” Pierre mentioned.

He mentioned his administration had agreed to undertake the COVID-19 Prevention and Management Act to invoke adjusted protocols and restrictions which are essential to scale back the unfold of the COVID-19 virus.

He mentioned that these new measures will final till the tip of the month within the first occasion.

However in its assertion, the UWP mentioned that underneath Part 17 of the Structure, the Governor-Common could declare an SOE as soon as glad {that a} public emergency has arisen on account of infectious ailments, such because the COVID as declared by the World Well being Group.

“It’s on the level of a declaration by the Governor-Common that he’s glad {that a} public emergency has arisen that there could also be derogation to the rights and freedoms contained within the Structure.

“This Labour Social gathering administration continues to place politics earlier than the folks of St. Lucia and refuses to observe the Structure, the supreme regulation of the land,” the social gathering mentioned, including that the present orders “are missing in authorized authority and are extremely vires the Structure of St. Lucia.

“The COVID-19 Prevention and Management Act is lesser regulation. Any rules made underneath the COVID-19 Prevention and Management Act that search to override or derogate rights or freedoms enshrined within the Structure will likely be extremely vires the Structure until there was a declaration by the Governor-Common that he’s glad {that a} public emergency has arisen on account of the prevalence of an infectious illness.”

The opposition social gathering mentioned that whereas it’s dedicated to serving to the battle in opposition to COVID-19 “strategies to restrict motion and management the unfold of COVID-19 should at all times be completed throughout the applicable authorized framework of our nation.

“We name on the Prime Minister to instantly reinstate the State of Emergency as the present protocols limiting folks’s motion and freedom of meeting are unlawful and extremely vires the Structure.  A failure to do will drive the United Employees Social gathering to take motion within the curiosity of safeguarding our democracy and preserving regulation and order in St. Lucia.”

St. Lucia has recorded 236 deaths and 12, 228 constructive circumstances linked to the COVID-19 pandemic for the reason that first case was detected in March final yr.

CMC