STATE OF EMERGENCY FOR WHO?

BY GEORGINA KEKEA

A former Prime Minister who is also an economist says he supported an article published by Assistant Professor at the University of Hawaii, Dr. Joseph D Foukona. 

Similar sentiments were shared by the Opposition leader. The article written by Foukona first appeared on The Interpreter, published by the Lowy Institute.

Lowy Institute is an independent, nonpartisan think tank, based in Sydney. In his article Foukona said there is an urgent need to examine whether the government has politicised the state of emergency and whether its behaviour really is constitutional after all.

Foukona said the regulations give the Prime Minister the power to make orders to restrict the movement of people, vessels and aircrafts, restrict assembly, suspend the media and declare a public place as an emergency zone. 

He said these restrictions could infringe people’s fundamental rights, such as the right to movement, free association and freedom of expression as provided for by the constitution. This opinion was supported by the Opposition Leader, Mathew Wale and economist Gordon Darcy Lilo.

Mr. Lilo says the government should be cautious as far as people’s fundamental rights are concerned. “When there is no real threat yet, we cannot restrict people’s movement”, Lilo said.

He said this state of emergency is not one where people’s lives are at risk through arms and weapons. He said this is a health risk.

“But since the international borders are closed and we still have not recorded any case of COVID-19, why are we doing this to our people”, he questioned.

Lilo said the economic livelihood of the people is fundamental at this point in time.

“What the government should do now is to  concentrate on preparing the country to stand  on its feet during the COVID-19 pandemic”. He said the ramification on the economy will be such that ordinary citizens will be worst affected.

Meanwhile, Opposition Leader, Hon. Mathew Wale said he agreed that emergency powers must be used only when 'reasonably justifiable'. He said the state of emergency must not be used to silence the media, opposition and other key stakeholders.

Wale said government exercise of the powers must not fail to protect the rights of individuals. 

“Unless the situation warrants curtailing such rights for a short time”, he said.

 Government meanwhile said the national fight against COVID-19 is not over.

Prime Minister, Manasseh Sogavare said the virus is not only a health challenge but has developed into an economic challenge and a threat to the people’s food security.

“Fellow Solomon Islanders, I must reiterate that COVID-19 still remains a real threat and is our common enemy. Therefore, we must continue to remain united and vigilant,” the Prime Minister said.

But while Mr. Lilo agrees on some of the measures imposed by the government under the State of emergency, the lock-down measure is one he cannot comprehend. He reiterates that the government should not force businesses to close when there is no real threat.

“Without serious attention for education and people’s livelihood, we are doomed. Isn’t the closure of international borders enough to keep the virus away”, Lilo said. But Secretary to Prime Minister, (SPM) Dr. Jimmie Rodgers has said that it is important the government tests its capability.

“So that we can identify our weaknesses and where we need to improve in the case that we have a recorded case in the country”, he said.

Rodgers said Solomon Islands would soon reopen its border to repatriate stranded citizens overseas back to the country. 

Solomon Islands has since brought in passengers from overseas on the 26th and 27th of May 2020.

Rodgers said by opening the international borders, there is a potential risk of the virus entering the country. 

“As far as we know, those people do not have the virus but it still opens up the risk for our country. So we are not taking any chances,” he said. 

Dr Rodgers said another important aspect is that the Government wants to test the country’s capability when businesses and schools are back to normal operations. 

The Secretary to Prime Minister also emphasised that with the country’s testing capacity ready to be used this week, it will also assist the health authority undergo contact tracing. 

“This is an opportune time for our health experts to also prepare them to plan on what to do if there is a case,” he said.

Of the article written by Dr. Foukona, Special Secretary to Prime Minister (SSPM) Albert Kabui in a Facebook comment said he totally agreed with Foukona.

“However, the constitutionality or otherwise of these Regulations or Orders is a question of fact subjected to the rules of evidence. It is very dangerous to argue a point of law on allegations that cannot stand up in a court of law”, Kabui said.

The Prime Minister also raised the same sentiments in one of his weekly statements.

Sogavare shunned the commentators saying the commentaries are not based on facts but rather on speculations. He said matters under the State of Public Emergency is for the courts to decide.

He said petty politics should be put aside. "The common enemy is COVID-19", Sogavare said prior to the 36 hours lock down from the 20th of May 2020.

But for the Opposition and Lilo, the fact of the matter remains.

“Threats against the leader of opposition are highly political and meant to intimidate and betray dictatorial inclinations. Solomon Islands is still a democracy", Hon. Matthew Wale said.

Lilo meanwhile said; “the government must not suppress people’s right to speak. Solomon Islands is a democratic country and people need to voice their opinions. It is a normal human process”.

On the lock down, Secretary to Prime Minister, Dr. Jimmie Rodgers says; “the Government acknowledged concerns that the lock down might be seen as inconvenient but stressed that the best any responsible Government could do is to strengthen its capability to protect its citizens”.

Dr. Jimmie Rodgers (R) at a UN 'Meet the press program'

To protect its citizens, government from time to time had also revoked and placed new orders under the Covid-19 emergency regulations.

New orders imposed has given government new powers said to address gaps identified in the original regulation.

This includes the power to destroy illegal properties such as betel nut stalls erected in public places, government’s ability to close businesses failing to comply with emergency orders, penalize people impersonating persons of authority and exempting of foreign sea vessels from the border closure. The said new orders were gazetted on the 8th of May 2020.

ENDS///