LAW AND GOVERNANCE

Tutorial: Week 5
Presenter: Roxanne Daley
 QUESTION 9

“Some of the measures introduced by

the government of Jamaica to reduce
the spread of covid-19 imply or impose
restrictions on constitutionally protected
rights.” How accurate is such a
statement?
WHAT MEASURES WERE INTRODUCED BY
THE GOVERNMENT OF JAMAICA?

 1. There were several curfew periods.

- Curfew periods lasted for 4 weeks at a time.
 -The curfew hours for weekdays (Monday to Friday) will be 9 p.m.
to 5 a.m. the following morning ending at 5 a.m. on July 1, 2021. -For
weekends, on Saturday 8 p.m. to 5 a.m. and Sunday 2 p.m. to 5 a.m. the
following morning.
2. There was a ban or a limit placed on public gatherings.
-The public gathering limit will remain at 10 persons.
-The ban on funeral services has been extended.
-Memorial services are permitted with observance of the Covid-19 protocols with the
limit on the number of persons applicable to normal worship services.
-The existing limits on burials remain in place with a maximum of 10 mourners
permitted and an additional 5 persons comprising the officiating clergy, grave
diggers, and undertakers.
-Burials will be allowed on Monday to Friday only during the hours of 9 a.m. and 4
p.m. and the time for conducting the burial is limited to 30 minutes.
-The ban on events such as concerts, parties, tailgate parties, round robins will
continue.
- Normal worship services are permitted. Crusades, conferences, or
conventions are not permitted.
- The maximum number of persons who may be physically present to
facilitate worship or electronic broadcast (including officiating clergy and
technical support personnel) will be increased from 30 to 50, effective June 3,
2020.
- The cap on the number of persons permitted at a marriage ceremony will be
increased from 15 to 50.
3. Some places of recreation remained closed for a period of time

- Amusement or gaming arcades not licensed under the Betting, Gaming

and Lotteries Act) must remain closed.
- Indoor cinemas and establishments that stage theatrical or artistic
performances will remain closed.
4. A specific time was designated for citizens to enter some
recreational/public spaces.
- For markets and public arcades, the operating hours will be from 6 a.m. to 7 p.m. Monday
through Saturday. Markets will remain closed on Sunday.
- No more than 10 persons at a time shall gather in any one area of the beach; social
distancing must be maintained except for members of the same household, family, or
group, who may gather in groups consisting of two persons each.
- Activities at the beach shall be limited to swimming, exercising, and sunbathing. No
beach parties or group games (such as football or volleyball) shall be permitted.
- Beaches and rivers will be open from 6 a.m. to 6 p.m. on Monday to Saturday and from 6
a.m. to 1 p.m. on Sunday.
- Zoos, parks, gyms, attractions, and bars are subject to the existing restrictions and must
close at 6:00 p.m.
5. Measures given to the public transport sector
- Public transportation operators will still be allowed to be on the
road one hour before and one hour after curfew but there can be no
passengers in the vehicles during those periods.
- Motor vehicles that provide public transportation are to have one
less passenger than is allowed by the licence.
6. Quarantine Measures put in place
-The quarantine requirement for fully vaccinated persons has been
reduced to eight (8) days from 14 days.
-For persons who are not fully vaccinated, the quarantine period
remains at 14 days.
-The travel ban for South American countries (Brazil, Chile, Peru,
Colombia, Argentina, and Paraguay) as well as for India and Trinidad
& Tobago is also being extended until June 30, 2021.
7. Education
- Schools were operating on the online platform.
8.  Bill, entitled, The Disaster Risk Management
(Amendment) Act
-Failure to wear a mask in public, not keeping the six-foot physical distancing
rule, or breaching the protocols governing public transportation will
attract a $5,000 fine
- If persons fail to stay in an abode or place of residence during a curfew, they
could face a fine of $10,000.
- If a gym is operated outside of the time specified or small outdoor events
are held in breach of the Order, the fixed penalty is $20,000.
- Any person who normally resides in Jamaica and on returning to the island
from overseas fails or refuses to remain in quarantine, or to obey any other
direction or order, is liable for a fine of $25,000.
- If a person who does not normally reside in Jamaica, or who is a tourist,
refuses to stay in the Resilient Corridor as required, the penalty is $30,000.
- Any person who has COVID-19 and refuses to stay in quarantine, is subject
to a fine of $50,000, and the same amount applies to any employer who does
not comply with the specified workplace requirements.

- For the offence of conducting funerals, burials, weddings or any other

worship services in contravention of any Orders in force, the fixed penalty is
$100,000.

-Anyone who operates a hotel or resort that is not licensed under the Tourist
Board Act, certified by the Tourism Product Development Company, or
located within the Resilient Corridors could face a penalty of $500,000.
THE CONSTITUTION
What does it say!?
The constitution is the supreme law or the
highest source of law of the land. The main
function of the constitution is to protect human
rights. The constitution speaks on matters such
as citizenship, Fundamental rights and
freedoms, the Governor General, Parliament,
Executive Powers, The Judicature, Finances,
Public Service and the Amendment of the
constitution.
 SO DID THE MEASURES IMPOSE
RESTRICTIONS ON CONSTITUTIONALLY
PROTECTED RIGHTS?
 YES??

To restrict means to limit a condition or measure, especially a legal one. Therefore

yes some of the measures restricted certain rights of the constitution such as the
rights to movement and peaceful assembly and association. This can be found in
section 13.(3) e and f of the constitution. Persons were still allowed to gather but
it was limited to certain numbers based on the location. Additionally, persons
were allowed movement in and out of the country being that they had carried out
the necessary measures ordered by the government; such as having a covid- 19
test done and being quarantined.
Section 13:
(e) the right to freedom of peaceful assembly and association; (f)
the right to freedom of movement, that is to say, the right­(i) of
every citizen of Jamaica to enter Jamaica; and (ii) of every person
lawfully in Jamaica, to move around freely throughout Jamaica, to
reside in any part of Jamaica and to leave Jamaica;
 NO??

-Whilst the constitution speaks to fundamental rights and freedom it also

accounts for measures to be taken in periods of a state
of emergency. Therefore, essentially none of the measures enforced by the
government truly imposed a restriction on constitutionally protected rights.
Section 14 of the constitution speaks to reasonable grounds on which a person
may be detained for the prevention of the spreading of an infectious or
contagious disease constituting a serious threat to public health.
14.-(1) No person shall be deprived of his liberty except on reasonable
grounds and in accordance with fair procedures established by law in the
following circurnstances-
(h) the detention of a person­(i) for the prevention of the spreading of an
infectious or contagious disease constituting a serious threat to public
health; or
Regulations Governing the Period of Public Emergency – Jamaica Information
Service (jis.gov.jm
)

In period of Public Emergency, the Governor General signed off on

regulations which gave Competent Authority the power to put in place
certain measures. However, the Competent Authories SHOULD use every
measure within its power to inform the public of the regulation.

Some of these regulations included:

Establish cordons and curfews and require persons to stay indoors and not to
leave without the required permit. Under the regulations persons who enter
or leave an area where a curfew is in place without written or oral permission,
are guilty of an offence and can be placed before the court for punishment.
 REFERENCES
House Amends Disaster Risk Management Act To Introduce Penalties – Jam
aica Information Service (
jis.gov.jm)

341_The
Charter of Fundamental Rights and Freedoms (Constitutional Amendment)
Act, 2011.pdf (japarliament.gov.jm
)

Government Announces Recrafted Covid-19 Measures – Office of the Prime

Minister (opm.gov.jm)