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Lockdown Without Economic Stimulus: Human Rights Implications

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By William Selmah, wselmah@gmail.com

President George Weah has declared a state of emergency under which the entire country will be locked down for three weeks, beginning midnight this Friday, April 10, 2020, in the absence of a government program to help ease the eventual economic hardship on the ordinary citizens.

At the same time, the Secretary General of the Civil Society Advocacy Platform for Human Rights, Adama Dempster has also been speaking on the human rights implications of the move, saying that the CDC government has failed to give the action a human face.

The economic fallout of the lockdown was what a local Liberian economic analyst said, shortly after the Liberian leader’s address to the nation yesterday.

“I think the President and his government seem to be insensitive to the already existing hardship prior to the COVID-19 advent. The speech was more or a command, lacking the ingredient of solidarity for especially the poor families that survive one day at a time. Hope is the key.”

Just on Tuesday, the head of the Independent Council of Patriots (COP), Ambassador Rufus Neufville was flagging the plight of scores of marketers whose market stalls were destroyed by police at the Waterside with no source of income and many of whom still have to pay up on debts to the banks.

But exercising his powers under Article 87 of the Liberian Constitution, President Weah on Wednesday, April 8, 2020 announced the period of emergency as a means of stopping the spread of the Coronavirus pandemic and to keep his people safe.

Under the state of emergency, cross country travels or movements between counties will be strictly prohibited.

Article 87 of the Liberian constitution says:

“a.  Emergency powers do not include the power to suspend or abrogate the Constitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and no constitutionals amendment shall be promulgated during a state of emergency. Where the Legislature is not in session, it must be convened immediately in special session and remain in session during the entire period of the state of emergency.

b.  The writ of habeas corpus shall remain available and exercisable at all times and shall not be suspended on account of any state of emergency. It shall be enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right may challenge such violation in a court of competent jurisdiction.”

President Weah said in his address to the nation that movements between Montserrado and Margibi Counties are permitted because they are quarantined as a unit.

The counties with the harshest restrictions – a stay home order–are Montserrado, Margibi Nimba and Grand Kru Counties.

The residents within the rest of the country not under the stay home order during the state of emergency, will be required to stay within their respective communities pending further instructions.

“As a first step under the powers hereby granted me under this State of Emergency, the Speaker and the President Pro-Tempore are to convene the 54th Legislature in Joint Session on, Thursday, the 9th of April, 2020 for justification and endorsement of this State of Emergency by Joint Resolution, in accordance with Article 88 of the Liberian Constitution”, the Liberian leader said.

 “COVID-19 has entered Liberia and has killed thousands globally”, President Weah pointed out in a nationwide broadcast as he declared the state of emergency, while appealing to compatriots to abide by the restrictions and preventive measures.

The President’s pronounced lockdown of the entire country however fell short of stating any provision to sustain people in quarantine. No mention was also made of power and water provision.

“I have also instituted the Executive Committee on Corona Virus (ECOC) as the operational arm of SPACOC that will focus on community initiatives and outreach”.

Human Rights Implications

It however remains unclear whether part of that community initiatives and outreach will include relief distribution.

The Secretary General of the Civil Society Advocacy Platform for Human Rights,

Adama Dempster says they are disappointed that the government has not given a human face to the state of emergency and lockdown, making specific reference to the welfare of thousands of people that will be spending three weeks in tacit quarantine.

Mr. Dempster: “How do you expect people who hustle daily to afford a square meal to endure such a period? What about the disabled and others living with visual impairment?”

The situation, he lamented, is worrisome, saying they foresee more people starving during the three week lockdown. “This government needs to be more humanitarian”, Dempster said.

But President Weah, the Commander – In- Chief of the Armed Forces of Liberia, has meanwhile ordered the Army Chief of Staff and the Chairman of the Joint Security to enforce the lockdown as of the date it takes effect.

He said the reason behind these harsh restrictions to simply save lives.  “We should all learn from the Ebola experiences”, Weah pleaded.

Those exempt from the restrictions, according to Weah, “are designated essential staff in government offices, banks, supermarkets, and other business establishments such as hotels, petrol stations, and health facilities to travel directly to work and return directly home. All such commercial activities are to be closed no later than 3:00 P.M.”. 

During the state of emergency, all non-essential businesses and Government offices will remain closed, with the exception of essential businesses, health facilities and a few key government offices, such as the Ministry of Finance, the Ministry of Foreign Affairs, the Central Bank of Liberia and the National Port Authority.

Others are the Liberia Revenue Authority, the Monrovia City Corporation, the Liberia Broadcasting System, and accredited media, where only a skeleton staff will be given passes to work.  

President Weah: “The Ministry of Internal Affairs is hereby instructed to engage the leaders of the various marketing associations in counties under this STAY AT HOME order to make satisfactory arrangements about the operation of markets during this period, so as to ensure the observance of social distance and enhanced hygiene protocols”.  

The President has meanwhile beseeched political and religious leaders, social media groups, students, teachers, civil society and the general citizenry to join the fight against Corona.  “

We are all in this together as Liberians, regardless of your political affiliation or religion”, President Weah told fellow countrymen and residents. 

He appealed for unity and for people to use their time, talents, and social media platforms for public education on the basic hygiene and social distance practices that can keep them safe.

The Liberian leader, who took office over two years ago, believes Liberia can defeat the pandemic through discipline and by upholding the preventive measures.

“The sad reality of millions of victims and thousands of deaths around the world should give all of us cause to pause and think about what we must do collectively to protect ourselves from this dreadful pestilence,” the President said. 

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