St Lucia’s main opposition United Workers Party (UWP) on Monday criticized the decision of the St Lucia government to lift the state of emergency (SOE) as the island continues to grapple with the impact of the coronavirus (COVID-19) pandemic.
“In light of the revocation… the Government has proceeded to rely solely on the COVID -19 Control and Prevention Act to prohibit the assembly of two or more persons in a public place and to confine ‘a person to their place of residence’, in the interest of public health.”
The UWP, which lost the last general elections in July this year, said that under the Constitution, St. Lucians are entitled to certain rights and freedoms and the two freedoms that are the subject of discussion are Section 11 freedom of assembly and Section 12 freedom of movement.
“The Constitution is also very clear that certain rights and freedoms can be derogated in the interest of defense, public safety or public order,” the party said.
Last week, Prime Minister Phillip J Pierre, indicating that St. Lucians will have to live with the coronavirus (COVID-19) pandemic for the ‘foreseeable future” announced an end to the SOE that had been put in place by the last administration.
“On October 16, the state of emergency will end and will not be reinstated,” Pierre said, acknowledging that some of the existing protocols would remain in place until the end of the month.
“As we strive to find the right balance between securing some level of normality in our daily lives and fighting the COVID-19 pandemic, the COVID-19 virus looks like it will be with us for the foreseeable future and we must therefore commence the process of living with that reality while taking the necessary measures to avoid a dysfunctional society,” Pierre said.
He said his administration had agreed to adopt the COVID-19 Prevention and Control Act to invoke adjusted protocols and restrictions that are necessary to reduce the spread of the COVID-19 virus.
He said that these new measures will last until the end of the month in the first instance.
But in its statement, the UWP said that under Section 17 of the Constitution, the Governor-General may declare an SOE once satisfied that a public emergency has arisen as a result of infectious diseases, such as the COVID as declared by the World Health Organization.
“It is at the point of a declaration by the Governor-General that he is satisfied that a public emergency has arisen that there may be derogation to the rights and freedoms contained in the Constitution.
“This Labour Party administration continues to put politics before the people of St. Lucia and refuses to follow the Constitution, the supreme law of the land,” the party said, adding that the current orders “are lacking in legal authority and are ultra vires the Constitution of St. Lucia.
“The COVID-19 Prevention and Control Act is lesser law. Any regulations made under the COVID-19 Prevention and Control Act that seek to override or derogate rights or freedoms enshrined in the Constitution will be ultra vires the Constitution unless there has been a declaration by the Governor-General that he is satisfied that a public emergency has arisen as a result of the occurrence of an infectious disease.”
The opposition party said that while it is committed to helping the fight against COVID-19 “methods to limit movement and control the spread of COVID-19 must always be done within the appropriate legal framework of our country.
“We call on the Prime Minister to immediately reinstate the State of Emergency as the current protocols restricting people’s movement and freedom of assembly are illegal and ultra vires the Constitution. A failure to do will force the United Workers Party to take action in the interest of safeguarding our democracy and preserving law and order in St. Lucia.”
St. Lucia has recorded 236 deaths and 12, 228 positive cases linked to the COVID-19 pandemic since the first case was detected in March last year.
CMC
