REGIONAL: Guyana’s High Court refuses to grant injunction to block government’s vaccination policy

SOURCE: CMC- A High Court judge Friday refused to grant an injunction that was aimed at blocking the government from implementing several measures aimed at curbing the spread of the coronavirus (COVID-19) in the country.

The Guyana Teachers’ Union (GTU), the Guyana Public Service Union (GPSU) and the Guyana Trades Union Congress (GTUC) had sought the injunction against the government policies, which among other measures would prevent unvaccinated persons from accessing public buildings and seeking government services unless they produce a negative PCR test.

“The introduction of vaccines is the most recent effort to address the COVID-19 pandemic. The Court is not deaf to the debate raging around the world with respect to the ethicality and effectiveness of the vaccine,” Justice Fidela Corbin-Lincoln said, adding “the legality of mandatory vaccine requirements is a reasonable infringement of constitutional rights. These matters are still to be tested in court.

“The State has a duty to take measures to avert the spread of the disease,” Justice Corbin-Lincoln said in her ruling.”.

Attorney General and Minister of legal Affairs, Senior Counsel Anil Nandlall, had argued that according to the State Liability and Proceedings Act, an injunction cannot be granted against the state.

The substantive matter is yet to be heard and no date has been fixed yet, although attorney, Darren Wade, one of the two lawyers representing the unions, indicated that he would like the matter to be heard urgently.

In her ruling, the judge said to declare that the state must pay for PCR tests for government employees could lead to further confusion, even as she pointed out that the State has a duty to ensure the health of the nation.

“In my mind, making an interim order directing the state to pay for a PCR test pending the hearing and determination of this matter will do no more than bring further confusion than what the applicants contend is already a confusing situation,” Justice Corbin-Lincoln said.

She said the directive is silent on who should pay for the PCR test and it is clear that it makes no provision for the State to pay for that test.

The High Court judge noted that the world has been impacted by the COVID pandemic and governments worldwide have imposed several measures, including mandatory quarantines, lockdowns, mask-wearing and vaccination, to contain and reduce the spread of the virus.

The unions want the High Court to set aside the government’s policy on vaccination that they says is intended to force workers to become vaccinated against the virus.

They also want the High Court to quash the COVID-19 Emergency Measures (No. 20) Notice dated the 29th day of July, 2021 and published in the Extraordinary Publication of the Official Gazette dated the 29th day of July, 2021.

Those measures require government workers and public transportation providers, among others, to be vaccinated or have in their possession a recent negative PCR test before they can enter their workplaces, transact business with government agencies or provide transportation services.