The issue of the continued State of Emergency which is set to expire in September has been debated for some time. Under the current state of emergency Government has continues to maintain a “curfew” i.e. from 12: am., to 5:00 a.m. A limit of gatherings of more than 200 persons, ability to restrict some business activity from operating as well as face mask in public and social distancing rules can be enforced.
There are the strong civil libertarians who are uncomfortable with the “power” this situation provides Government and other National Institutions. The SOE permits the abridging of ones’ civil liberties with little redress available and allowing institutions to act in ways that many would find unacceptable under normal circumstances. Some have gone on to argue, that “there is no state of emergency in St. Lucia.” Note is made of the successful containment of the Corona Virus and the move to reopen the country as evidence that the SOE does not exists and as such should be lifted. Simultaneously others point out that the SOE limits peaceful gathering and the most important political rallies, demonstrations etc., including the normal electioneering which can take place.
The Chamber Secretariat did a little research to better understand some of the rationale being advanced by Government and found out the following:
The State of Emergency provides the Government and the Health Authorities with greater latitude to move quickly and act decisively in the case of any eventuality with an outbreak of COVID-19 and is thought to be very useful and even needed by the Health Authorities. Included among these are: closing off and quarantining parts of the island if need be, isolating persons and areas on short notice, as well as reinstating scale back of business and other activity if an outbreaks is detected.
The Cuban Medical Team was recruited to be in St. Lucia until September, 2020, the presence of the Cuban Medical Teams is facilitated by the State of Emergency but is not the sole and main reason for the State of Emergency. The nurses with the Cuban Medical Team have been registered by the Nursing Council however the Medical and Dental Council have not registered the doctors as they do not have the relevant paper work to permit the process. The Medical and Dental Practioners Act, apparently does not provide the Council with leeway to register doctors without the required paperwork. The paperwork was not submitted prior to or since arrival, and the process is also a long and drawn out process which the Council is not able to adjust. Further the Act, permits the Governor General to authorize the Doctors to work without the registration during a state of emergency. (Medical and Dental Practioners Act of 2013).
Some have suggested that the US Comfort who were accommodated, without registration, the Secretariat has been informed that the US Comfort doctors and nurses were registered through the normal process, the documents and applications were submitted well in advance and only those who were registered were permitted to practice during their visit.
The Office of the Chief Medical Officer has shared the concern that as the economy is opened up, with more liberty for people to move around the island, tourism set to recommence and more St. Lucians abroad to be repatriated, the risk of spread will rise and as such the Health Experts are of the there is good value in the use of the State of Emergency. The view is a Health State of Emergency would not allow the flexibility and speed that may be required in the eventuality of a Covid-19 spread which the State of Emergency allows. The Health Emergency Act., requires a series of protocols and steps that may hinder a swift response.
Based on the foregoing it would appear that the Government’s decision to continue the State of Emergency was based on the advice from the Medical Authorities. The question whether the foregoing provides sufficient justification for the SOE. The additional component is whether the same could be achieved differently, i.e. monthly extensions.
From a practical perspective, at this time nearly all businesses are being allowed to operate, there remains restrictions on gatherings of 200 persons or more also on movement of persons during curfew hours, and face masks must be worn in public. The Chamber’s ongoing survey seeks to gauge members view on this matter.