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COVID19: Restrictions On Peaceful Assembly And Movement Without A Law Or State Of Emergency Is Unconstitutional By Inibehe Effiong

A follower on Twitter asked me on Saturday whether it is “constitutional” for the government to restrict religious and social gatherings because of Coronavirus?

By virtue of Section 45 of the 1999 constitution, the rights to peaceful assembly and free movement can be interfered with in the interest of public health and public safety. Is Coronavirus a threat to public health and public safety? The answer is obviously in the affirmative.

Section 14 (2)(b) of the constitution states that “the security and welfare of the people shall be the primary purpose of government.”

However, I urge President Buhari to declare a state of emergency throughout the federation in line with Section 305 of the constitution.

Section 305 (3)(d) of the constitution, allows for a state of emergency when “there is clear & present danger of breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger.” COVID-19 is a clear and present danger to public safety.

Unlike in the United States, States in Nigeria cannot declare emergency. A governor supported by 2/3 members of the House of Assembly can only request the president to do so for them as stated in Section 305 (4) of the constitution. This is an example of the fraudulent nature of our federalism.

Since there is no special law to my knowledge, apart from laws establishing national and States emergency management agencies, to address public health crisis, it is necessary for the President to declare a state of emergency in Nigeria to address the outbreak of Coronavirus.

In the absence of a law enabling these restrictions to social and religious gatherings, the legality of these measures is questionable. This is because fundamental rights cannot be derogated from except as prescribed in a law that is “reasonably justifiable in a democratic society.”

It is either a law is urgently enacted across the volatile states or the President invokes the state of emergency clause. As at today, there is no strong legal basis for restricting gatherings. None of the governors or the President has issued even an ordinary ‘Executive Order’.

In the United States for example where we copied our presidential system, President Trump declared a national emergency, and at least 48 States in the US have also declared emergency due to COVID-19. The American Congress also passed the Families First Coronavirus Response Act.

In Nigeria, we are resorting to our usual militaristic way of doing things by relying on arbitrary executive fiat to tackle COVID-19. Nations do not become great just by the “good intentions” of politicians. Nations become great principally by adhering to the rule of law.

In the light of the foregoing, I strongly urge the federal and state governments to urgently take steps to address the apparent legal loopholes in their efforts to tackle Coronavirus. It is obvious that Nigeria is not prepared for an outbreak. We are doing trial and error.

We need a legal framework; not only to give legal backing to the restrictions on the fundamental rights of Nigerians to religion, association, assembly, movement, etc., but to also provide for reliefs for families and victims of COVID-19.

We should not wait for the worst to happen.

I wish to draw the attention of the government to the decision of the Court of Appeal in the celebrated case of Okafor v. Lagos State Government (2017) 4 NWLR (Pt. 1556) 404 where it was held that disobeying the “order” or “directive” of a governor is not a criminal offence.

In that case, Lagos State issued an order restricting movement during environmental sanitation, Okafor was arrested for disobeying the order. The court declared the arrest illegal and unconstitutional since there was no law that criminalized violation of the governor’s order.

Without a law or a state of emergency, it is illegal to arrest anyone for violating a mere executive order. Emotions cannot change the law. If religious leaders whose places of worship have been closed decide to challenge the closure in court, the government will likely lose.

I hope the government at all levels will listen to the voice of reason and initiate appropriate legal frameworks to support the containment of COVID-19. It is either we are a country of laws or a banana republic.

We should not yield to authoritarian rule because of expediency.

Inibehe Effiong is a Lagos-based legal practitioner and human rights activist

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http://saharareporters.com/2020/03/22/covid19-restrictions-peaceful-assembly-and-movement-without-law-or-state-emergency

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March 23, 2020
Perlis Regent tells people to abide by MCO

KANGAR: Raja Muda of Perlis Tuanku Faizuddin Putra Jamalullail (pix) has decreed that the people in Perlis strictly abide by the movement control order (MCO) because a failure to do so may cause the order to be further extended.

“We should only leave our homes with valid reasons,“ he said in reference to the MCO which was adopted to help the country reduce the spread of the Covid-19 virus.

In a statement, Tuanku Faizuddin said the people should unhesitatingly adhere to the MCO until it expires.

“We need to be responsible and committed with a first-class mentality in our actions to stick by the government’s directive.”

The Regent urged his subjects not to be stubborn or lackadaisical because it will impact society, the state and country in a negative light.

“We do not want the MCO to be extended in view that the cases may rise even more.”

His royal message was aired by the state religious affairs council here on Saturday.

Perlis has recorded nine Covid-19 cases so far.

Tuanku Faizuddin, who is the president of the state religious affairs council, said that people should only exit their houses if they need to purchase food, groceries, and for healthcare needs.

They should not leave the state unless they possess valid reasons.

Tuanku Faizuddin noted with dismay that after three days of enforcing the MCO, there are still a number of people who are disobeying the directive, thus forcing the army to be called in.

“I hope everyone understands the need to strictly abide by the order so we can reduce the pandemic impact as soon as possible. But if we stray, we are only inviting a possible curfew to be implemented. We still have choices.”

Meanwhile, the council’s chief executive officer Mohd Nazim Mohd Noor said that all mosque and surau activities have been deferred until the MCO is lifted.

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https://www.thesundaily.my/local/perlis-regent-tells-people-to-abide-by-mco-YA2165616

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March 21, 2020
Government must address hurdles putting people off electric cars

Ambitious targets have been set by the UK and Scottish governments to become net-zero carbon economies by 2050 and 2045 respectively. But a variety of initiatives will be required on the part of government, industry and society to achieve this target.

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https://techxplore.com/news/2020-03-hurdles-people-electric-cars.html

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March 20, 2020
CND accepts all WHO recommendations on the control of several psychoactive substances from the 42nd ECDD meeting

During its 63^rd session, the Commission on Narcotic Drugs (CND) accepted all recommendations from the 42nd meeting of the WHO Expert Committee on Drug Dependence (ECDD). This effectively brings twelve psychoactive substances, including eleven New Psychoactive Substances (NPS) and one medicine, under international control. Given the potential for dependence or abuse and known adverse effects, these compounds pose a risk to public health and society and are largely without any therapeutic benefit.

   Based on an in-depth review of candidate compounds by the ECDD, an independent group of experts in the field of drugs and medicines, the WHO provides annual recommendations on substance scheduling to the CND, a policy-making body comprised of 53 UN Member States. This ECDD review includes a balanced consideration of potential for abuse, dependence and harm with therapeutic value. The CND then votes on whether or not the WHO recommendations for placing reviewed substances under international control should be endorsed.

      The 42^nd ECDD recommendations included the addition of four synthetic cannabinoids and three synthetic stimulants to Schedule II of the 1971 Convention on Psychotropic Substances given similar action and adverse effects to other substances in this Schedule. These synthetic cannabinoids have been associated with impaired mental status, impaired driving, and fatalities, whereas the included synthetic stimulants have been linked to fatal intoxication. Similarly, two fentanyl analogues, with their opioid-like effects, were brought under Schedule I control (strict control) of the 1961 Single Convention on Narcotic Drugs given similar action and effects to other drugs in this Schedule. Two benzodiazepines including the medicine etizolam were brought under Schedule IV control of the 1971 Convention on Psychotropic Substances, both of which have been implicated in fatal and non-fatal intoxication and impaired driving. A hallucinogen was also recommended to be brought under control, specifically to Schedule I of the Convention on Psychotropic Substances of 1971, based on abuse potential and non-fatal and fatal intoxication. This is the first hallucinogen to be reviewed in many years, suggesting a potential shift in drug trends. For more information on these recommendations, please review the 42nd ECDD meeting report. .

    In addition, the ECDD conducted a pre-review of several Schedule III opioid preparations, some of which can be accessed as over-the-counter options, such as codeine-based cough syrups, to consider their abuse potential. The ECDD recommended a critical review be carried out at a later date.

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https://www.who.int/news-room/detail/18-03-2020-c-n-d-accepts-all-w-h-o-recommendations-from-42nd-e-c-d-d

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March 19, 2020
ICC-WHO Joint Statement: An unprecedented private sector call to action to tackle COVID-19
In a coordinated effort to combat the coronavirus COVID-19 pandemic, the International Chamber of Commerce (ICC) and the World Health Organization (WHO) have agreed to work closely to ensure the latest and most reliable information and tailored guidance reaches the global business community.

The COVID-19 pandemic is a global health and societal emergency that requires effective immediate action by governments, individuals and businesses. All businesses have a key role to play in minimising the likelihood of transmission and impact on society. Early, bold and effective action will reduce short- term risks to employees and long-term costs to businesses and the economy.

To aid this collective effort, ICC will regularly send updated advice to its network of over 45 million businesses so that businesses everywhere can take informed and effective action to protect their workers, customers and local communities and contribute to the production and distribution of essential supplies.

ICC will also contribute to enhancing information flows on the coronavirus outbreak by surveying its global private sector network to map the global business response. This will both encourage businesses to adopt appropriate precautionary approaches and generate new data and insights to support national and international government efforts.

As an immediate priority, businesses should be developing or updating, readying or implementing business continuity plans. Business continuity plans should aim to reduce transmission, including by: promoting understanding of the disease, its symptoms and appropriate behavior among employees; setting up a reporting system for any cases and contacts; preparing essentials; limiting travel and physical connectivity; and planning for measures such as teleworking when necessary.

Calls to Action
- ICC strongly endorses WHO’s call on national governments everywhere to adopt a whole-of- government and whole-of-society approach in responding to the COVID-19 pandemic. Reducing the further spread of COVID-19 and mitigating its impact should be a top priority for Heads of State and Government. Political action should be coordinated with actors in the private sector and civil society to maximize reach of messaging and effectiveness.
- Governments should commit to making available all necessary resources to combat COVID-19 with the minimum of delay and to ensure that cross-border medical and other essential goods supply chains are able to function effectively and efficiently
- ICC and the WHO encourage national chambers of commerce to work closely with UN country teams, including WHO country offices where they exist, and to designate mutual focal points to coordinate this collaboration.
- ICC encourages its members to support their country’s national response efforts and to contribute to the global response efforts coordinated by the WHO through www.covid19responsefund.org.
As the pandemic evolves, ICC Secretary General John W.H Denton AO and WHO Director General Dr Tedros Adhanom Ghebreyesus will continue to coordinate their efforts.

Essential information on the COVID-19 pandemic can be found on the WHO’s dedicated site.

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https://www.who.int/news-room/detail/16-03-2020-icc-who-joint-statement-an-unprecedented-private-sector-call-to-action-to-tackle-covid-19

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March 17, 2020
Study shows widely used machine learning methods don’t work as claimed

Models and algorithms for analyzing complex networks are widely used in research and affect society at large through their applications in online social networks, search engines, and recommender systems. According to a new study, however, one widely used algorithmic approach for modeling these networks is fundamentally flawed, failing to capture important properties of real-world complex networks.

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https://techxplore.com/news/2020-03-widely-machine-methods-dont.html

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March 16, 2020
Over 600 Sarawakians were at Sri Petaling mosque gathering

KUCHING: At least 609 Sarawakians have been identified as participants of the recent gathering at the Sri Petaling mosque in Kuala Lumpur that has been linked to a number of Covid-19 cases, State Disaster Management Committee chairman Datuk Amar Douglas Uggah said.

He said the actual number had yet to be determined as the committee was still scrutinising the health declaration forms collected from inbound passengers into the state between March 2 and 5.

“I hope those who have yet to report themselves to the nearest health department or hospital will do so immediately as this is very crucial for their own health and society at large,“ he said in a statement issued by his office this evening.

Earlier today, Uggah who is the state Deputy Chief Minister attended a closed-door briefing on Covid-19 situation in Miri where he was informed that 102 of those attending the religious gathering, held from Feb 27 to March 1, were from the city.

“For Miri alone, I have been told that some 74 of them (participants at the gathering) had turned up at the hospital here (to undergo health screening),“ he said.

Uggah also urged Sarawakians who attended the Borneo Ultra Trial Run in Kota Kinabalu recently to report to the nearest health department upon their return for screening.

He said this was very important as there has been more Covid-19 positive cases in Sabah than Sarawak. As of Sunday, Sarawak recorded 20 Covid-19 positive cases while Sabah had 49 cases.

Meanwhile, he said, 12 individuals were currently under observation at the Petronas Sports Village which had been turned into a quarantine centre for the Miri division.

He said that Miri Hospital had the personnel and equipment to face the Covid-19 situation, and was collaborating with private hospitals around the northern Sarawak city.

“I would like to assure the people in Miri and in the state that we want to provide the best for them,“ he added. — Bernama

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https://www.thesundaily.my/local/over-600-sarawakians-were-at-sri-petaling-mosque-gathering-AI2129332

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March 15, 2020
Premier League ‘may not finish’, says FA chief

LONDON: Football Association chairman Greg Clarke has reportedly told the Premier League he does not believe the domestic football season will be completed because of the coronavirus pandemic.

The Premier League suspended all fixtures at an emergency meeting on Friday. Matches in the English Football League, FA Women’s Super League and Women’s Championship are also on hold.

“It was unanimously decided to suspend the Premier League with the intention of returning on April 4, subject to medical advice and conditions at the time,“ the Premier League said in a statement.

Clarke said at the meeting that he did not think it was feasible for the season to be completed, according to a report in the Times.

The virus is not expected to peak in Britain for many weeks, raising doubts over an early April re-start for the Premier League.

The Times said it is understood that Brighton and Hove Albion chief executive Paul Barber also questioned the brevity of the suspension.

Richard Masters, the Premier League chief executive, is reported to have said it would at least allow time to consider the potential consequences and debate the possible solutions.

The decision was taken after Arsenal manager Mikel Arteta and Chelsea winger Callum Hudson-Odoi tested positive for Covid-19.

Arteta welcomed the move to put the season on hold.

“Feeling better already,“ he tweeted. “We’re all facing a huge & unprecedented challenge. Everyone’s health is all that matters right now.”

Liverpool are 25 points clear at the top of the Premier League with nine games remaining, chasing their first English top-flight title for 30 years.

If results had gone their way this weekend they could have wrapped up the title at Everton on Monday but manager Jurgen Klopp said he supported the move to suspend football.

He said in a club statement: “If it’s a choice between football and the good of the wider society, it’s no contest. Really, it isn’t.”

Financial hit

Football clubs at all levels face enormous losses if the season is not completed.

One senior figure in broadcasting told the Times: “The commercial reality for the Premier League and (European governing body) UEFA is that if they don’t complete their seasons then they are in breach of their broadcasting contracts.

“You would have broadcasters from all around the world saying, ‘In that case we are not paying for the season.’ For the Premier League you are talking around £3 billion (RM15.75 billion) income a year from overseas and domestic TV rights. There would also be financial implications if the competitions were squeezed so fewer matches were played.”

Football finance expert Kieran Maguire told the BBC that clubs, especially in the lower divisions, would be hit hard by the disruption.

“I think many clubs are going to struggle significantly,“ he said. “Many clubs are surviving on a match-to-match basis and are reliant on the loyal few thousand turning up.

“We have to consider the staff at clubs, they are reliant on the income they get from football clubs to pay their own bills as well.”

The Premier League clubs are reportedly due to meet again next Thursday.

There are matches taking place on Saturday in the National League – the fifth tier of English football – but a number of games have been postponed, including the Yeovil v Barnet fixture.

“We currently have four staff that are showing symptoms of Covid-19 who are following government advice and self-isolating,“ Barnet said in a statement.

“As a consequence, we have taken measures to put all first-team staff into self-isolation.” — AFP

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https://www.thesundaily.my/sport/premier-league-may-not-finish-says-fa-chief-DC2127566

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March 14, 2020
Mid-term review of the UN Decade of Action on Nutrition

It is almost five years now since the Nutrition Decade was declared. It is time to reflect back on its achievements so far. FAO and WHO are convening an open and inclusive dialogue with stakeholders for the mid-term review of the Nutrition Decade.

This review follows the ECOSOC Resolution 1989/84 regarding international decades, which provides that an appropriate inter-governmental body should appraise the implementation of a decade’s programme of work at the mid-point and at the end of the decade.

The objectives of the Mid-term Review of the Nutrition Decade are to assess and evaluate the achievements in individual policy areas of the ICN2 Framework for Action, as reflected in the actions areas of the Work Programme of the Decade, over the time period from 2016 to 2020. The Mid-term Review aims to identify focus areas for priority action and promising opportunities in each of the six action areas for future progress from 2021 to 2025. This assessment will guide the revision of the ‘living part’ of the Work Programme of the Nutrition Decade as appropriate.

The process will include a series of consultations and dialogues with member states, civil society organizations, private sector, UN partner agencies and others, as well as an open online consultation. Finally, a global event is envisioned to be organized to underscore the achievements of the first half of the Nutrition Decade and set the stage for the priorities during the second half. More information is provided in the concept note.

The joint FAO/WHO Nutrition Decade Secretariat has developed the Mid-term Review Foresight paper, which will serve as the background paper for the consultation process. Reflecting on the broader development in nutrition globally, this paper develops a vision on actions to be taken in the different areas of the Work Programme of the Nutrition Decade, considering specific advances and opportunities in individual policy areas.

Background documents for the consultation process of the Mid-term Review of the UN Decade of Action on Nutrition 2016-2025 can be downloaded here. We will add the other 5 languages when they are available, and meanwhile, publish some in English only.

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https://www.who.int/news-room/detail/12-03-2020-mid-term-review-of-the-un-decade-of-action-on-nutrition

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March 13, 2020
Could we forgive a machine? Study explores forgiveness in the context of robotics and AI

As more robots make their way into society, it is important to consider the ethical and moral implications of having them complete tasks that can have a significant impact on people’s lives. If robots and machines are to become widely used in situations where they could seriously affect human lives, for instance by driving cars or giving elderly people the medication they need on a daily basis, developers should first consider the associated implications.

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March 12, 2020