Nothing illegal about new gazetted vaccination measures – AG Nandlall

Attorney General and Legal Affairs Minister Anil Nandlall has defended the new vaccination measures implemented by Government for entry into public buildings, arguing that these requirements are not illegal.

Last weekend, Government gazetted a new set of COVID-19 measures relative to entry into public buildings. Those stipulated that only vaccinated persons or those who present a negative PCR test taken within three days prior could enter any public building.
Public buildings have been classified as both state-owned and private premises such as supermarkets, restaurants, malls and places of worships etc.
Speaking on this week’s edition of his programme – Issues In The News – Nandlall explained that these new vaccination requirements are similar to any other rules and regulations in place for public buildings.
On this note, he dispelled the argument of individual rights and freedom being violated with these measures.
“You have a right to enter cinema, but if you don’t have the money to pay the entrance fee, you can’t go there and claim that you have a right to enter, and that your freedom of movement is being restricted because your freedom of movement is now subject to an entry fee to enter that building. Well, similarly, your freedom of movement to enter any building is now subject to the production of a vaccination card. It is as simple as that, and nothing is illegal or unlawful about that,” the AG contended.
Nandlall further pointed out that, like other countries around the world, Guyana’s High Court has already pronounced on the legality of the COVID-19 measures in a legal challenge last year, stating that they are for the public good, and therefore are valid, binding and enforceable.

Legal and pragmatic options
He also argued that the Guyana Government’s actions have been vindicated in the legal advice from former Caribbean Court of Justice (CCJ) President and current Pro-Chancellor at the University of the West Indies, Sir Dennis Byron, and UWI Professor Rose-Marie Belle-Antoine to the Organisation of Eastern Caribbean States’ (OECS) Heads of Governments. They provided recommendations on legal and pragmatic options for OECS Governments as they seek to balance the public health interest of all countries with any rights of individuals.
According to a missive from the OECS, “…the advice received is that there is no constitutional bar for employers, including government, to require that particular job or jobs generally be done by persons who are vaccinated against COVID-19, especially so during the period of a pandemic or a public health emergency.”
On this note, the Attorney General posited that fundamental rights and freedoms must bend and bow to the importance of public health and the public good. He further noted that individual rights and freedoms are not absolute, but must be curtailed in the interest of the public health of society and its citizens.
He also reminded that vaccines are nothing new, and have been mandatory for decades not only in the Caribbean, but the Commonwealth as well; while noting too that even individual rights and freedom are subjected to restrictions.
Nandlall emphasised that all of Guyana’s efforts and measures have been vindicated and embraced in the legal advice from the UWI officials.
“What we are doing in Guyana accords with the principles adumbrated and outlined in that legal opinion of the former President of the Caribbean Court of Justice, Sir Dennis Bryon, and Professor Rose-Marie Antoine in their opinion to the OECS Heads of Government. And I am pleased that we are walking alongside those Governments in what they are doing, and based on analysis contained in that legal opinion, we have acted consistently with what the law says,” the AG noted.
He went on to state that, “…all the rights arguments that people have been advancing have been rejected… by courts that have adjudicated in these cases. The Human Rights Court has pronounced on this matter. Our High Court has pronounced on this matter as well.”
AG Nandlall posited that, with COVID-19 cases increasing daily, collective and responsible actions are needed. He reassured that Government would continue to do all it can to ensure the public health of citizens are maintained.
The Minister implored persons not to be swayed by certain positions being peddled, and to get vaccinated to protect themselves, loved ones and the people around them.
In light of the new COVID-19 vaccination measures, many buildings, including private businesses, have enforced the restrictions. However, Government’s new measures have sparked push-back from some quarters.
The Guyana Teachers Union (GTU) has called a three-day strike, which started on Wednesday, but most teachers across the country have boycotted the strike and turned up at schools.
On Monday, Region 10 (Upper Demerara-Berbice) enforced a region-wide lockdown in protest against the new vaccine requirement guidelines. However, these actions have been spearheaded by Opposition-affiliated officials, and during his weekly programme, AG Nandlall called out the leadership of the A Partnership for National Unity/Alliance For Change (APNU/AFC) Coalition for sending “mixed and confusing signals” and for being “hypocritical and duplicitous.”
“You can’t be supporting the vaccination programme on the one hand, and then, on the other hand, be objecting to the measures that the Government is imposing to have complicity and compliance with the vaccination programme on the basis that the Government is coercing persons to take the vaccine. It’s either you support the vaccine or you don’t support the vaccine. It is simple as that,” he contended. (G12)