A Government gazette issued recently will enforce a ban on the entry of unvaccinated persons to public places with the ban expected to come into effect from April 30 (Picture AFP)

• While some claim it as a violation of human rights, others claim that unvaccinated persons are a public risk
• Walaliyadda further said that where the pandemic is concerned the eyes of the Government see only what they want to see
• Willful blindness is never a defence in law, in morality here and probably not even in eternity

While countries such as Denmark have decided to lift all COVID-19 restrictions, countries such as Canada have staged large scale protests against vaccine mandates. People protested against the French Government when it made vaccination virtually unavoidable. Similar protests took place in South Korea and Hamburg as well. In Sri Lanka, the situation is still largely under control as people continue to be divided regarding the vaccine. While some claim it as a violation of human rights, others claim that unvaccinated persons are a public risk. The government recently issued a gazette banning the entry of unvaccinated persons to public places which will come into effect from April 30. But the exemption of persons who cannot receive COVID vaccines due to various conditions, the list of public places, digital application for the identification of vaccinated persons are yet to be discussed and implemented.

Unclear matters and violations of the law

Sections of the legal fraternity have continued to raise their concerns against the Government’s decisions to mandate vaccination from time to time. In September the Government announced its plan to make vaccination cards mandatory. Thereafter it announced that vaccination would be made compulsory for those under the age of 18 and a fundamental rights petition was filed at the Supreme Court with this regard. In an interview with the Daily Mirror, President’s Counsel Tirantha Walaliyadda stressed on the violations of the law with regards to the issuance of the recent gazette while shedding light on several unclear areas.

Excerpts: 

Q A similar move was supposed to come into effect in September 2021 where vaccine cards were to be mandated. Isn’t it a violation of rights as the Government is trying to instill a kind of fear psychosis in people? 

1.It is a violation of human rights to inject any foreign substance by force into a human being. So also, it’s a violation of his fundamental rights in terms of the Constitution.

2.The vaccine has not been mandated- but the Gazette prohibiting entry to public places without the vaccinations is also a not-so-clever attempt at mandating the vaccine. Not only is it a fundamental rights issue, but also a criminal offence in terms of d 327 of the Penal Code to rashly commit any act; an act which endangers human life ; 
3.It is a violation of Section 9 of the International Covenant on Civil and Political Rights (ICCPR) which specifically prohibits the use of human beings as Guinea pigs in any experiment. This is indeed an experiment because the vaccines have not been tested for adverse long-term reactions to any degree. The results will be apparent only after a period of time. Also there is reason to believe that it has caused adverse reactions in many people who were vaccinated.

4.If there is also reason to believe that the vaccine has caused death in certain instances and if it is proved that the vaccine was the direct cause of death the Covid Committee will be liable under s 298 of the Penal Code for causing death not amounting to culpable homicide; if it can be proved in terms of s 294(4) of the Penal Code, that the Committee had reason to believe that the causing of death was imminent, but carried on without any excuse they will be guilty of murder and sentenced to death. In this context “good faith” will mean “having considered all matters concerned..”and ‘consent’ will mean “informed consent” which is manifestly lacking in this vaccination programme.

Q The gazette says that people who have taken a ‘minimum’ of three doses are considered fully vaccinated. Does that mean people would be asked to take more doses if more vaccines are introduced?

1. It is not clear what the Gazette means in terms of dosage,

2. Dr Asela Gunawardane, DG Health Services, gave a garbled idea of the dosages considered sufficient to be covered by the gazette- in an interview recently with one of the main news Channels. The explanation, to my mind, was a total contradiction in terms within and without.

3. If the next relative of Omicron arrives here from Africa as expected as per the Health Department and the present vaccines do not work against it, then obviously the US will dish out another combatant vaccine; so also will India, China and maybe Russia. And in Sri Lanka, Hurrah for the vaccine and Whack! Whack! Whack! And pop go the dollars down all sorts of byways and highways and the Sri Lankan economy goes down the drain.

Q Do you have any other concerns regarding  this matter?

Where the pandemic is concerned the eyes of the Government see only what they want to see; they are nearly blind and willful blindness is never a defence in law, in morality here and probably not even in eternity. I have no idea as to why the Government is forcing this rubbish down the peoples’ throats when there is no necessity to do so. The death rate in Sri Lanka is 15,700 odd out of approximately 22,000000 which gives a percentage of about 00.002%. Out of this percentage 95% of deaths relate to those over 60 years and out of that lot, 95% relate to persons with other complications. So, it is beyond my comprehension as to why the Government seeks to endanger the other 95% of the population to the risk of permanent physical and mental disabilities by irrevocably pumping this untested stuff down the people’s veins. 

There is also a serious dispute with regards to the accuracy of the PCR testing and also regarding the statistics published by the Government in relation to the pandemic. “The antigen tests are being challenged by medical authorities abroad. Some countries have banned various brands of vaccines. London has taken to the streets in protest of mandatory vaccinations. So also have some other countries. People have been shot dead during some protest demonstrations. The Government of Sri Lanka carries ion with gay abandon.
If this mandatory vaccination is put into effect, the nation will … “let slip the dogs of war that this foul deed shall smell above the earth with carrion men groaning for burial..” - Shakespeare’s Julius Caesar

The vaccine has not been mandated- but the Gazette prohibiting entry to public places without the vaccinations is also a not-so-clever attempt at mandating the vaccine. Not only is it a fundamental rights issue, but also a criminal offence in terms of d 327 of the Penal Code”
- Tirantha Walaliyadda President’s Counsel

“Unvaccinated persons are a public risk”

“I am personally FOR requiring a vaccine passport for public spaces,” opined Dr. Rishani Gunasinghe (PhD in Medical Science, University of Osaka, Medical School). “Side effects (fever, sore arm) were minimal and actually welcomed because that showed the immune system was activated. Deep down, I am sure even those who are against it must feel safer if people around them didn’t carry the disease. Who wants to be exposed? In a country where a large percentage of people use public transport, those who refuse to get vaccinated are a public risk. They can expose children who are not eligible for vaccination, vulnerable people with commodities, and the elderly to the virus, and may even become of the cause of death for some people. That is not a joke, or a personal choice. Even in countries like France, many people decided to get vaccinated after vaccine passports were required (and when they started charging for it).

Giving more freedom to people who are vaccinated may encourage more to get the jab. I find that many people who are refusing to get vaccinated by just believing in rumours or are just stubbornly convinced that the misinformation they believe in, is the absolute truth”
- Dr. Rishani Gunasinghe

“Giving more freedom to people who are vaccinated may encourage more to get the jab. I find that many people who are refusing to get vaccinated by just believing in rumours or are just stubbornly convinced that the misinformation they believe in, is the absolute truth, no matter how much you try to convince them. You can’t reason with them or convince them using science and facts because what they believe in is like a religion and not logic. I do agree that public awareness raising isn’t enough in this country, especially in Sinhala and Tamil, but the sad truth is people are ready to go behind myths and UNPROVEN herbal or other medicines, more than trust in science and the data available from all over the world that vaccinations have worked in drastically reducing hospitalisations and severe disease. Also, mutations happen when the vaccine is allowed to freely circulate. The virus has less chances of mutating into deadlier strains if it cannot infect many people. We know vaccination reduces infection. Even from that aspect, vaccinations are important. We must take every measure to protect the public and get our lives normalised.  However, those who have recently contracted Covid should be exempt from this for a certain period, and as it seems that the current cards can and are being forged, some sort of digital certificate with a QR code or something may be needed,” said Dr. Gunasinghe.

“State needs to launch public awareness campaign”

Dr. Tushara Wickramanayaka, family physician licensed in both Sri Lanka and UK, when contacted said that many countries have thought of introducing it, but rejected it later; eg UK where there are no strict internal border controls. “There are some people who may have severe allergic reactions called ‘anaphylaxis’ who may not wish to have the vaccine, or if they had side effects after the first one, eg blood clots, may not wish to have a second dose or for purely personal reasons don’t take any vaccines. In such cases, how is an individual meant to prove they have medical exemption? 

“In our country poor access to treatment as well as the stigma attached to getting infected in the Muslim and Tamil communities have driven people to hiding. The remedy is not another enforcement mechanism that will invariably discriminate against certain communities, but for the State to launch a public awareness campaign on the benefits of vaccine. How did they eradicate Polio? Just by radio & TV advertisement,” she added.

In our country poor access to treatment as well as the stigma attached to getting infected in the Muslim and Tamil communities have driven people to hiding. The remedy is not another enforcement mechanism that will invariably discriminate against certain communities,”
- Dr. Tushara Wickramanayaka

Further instructions need to be issued :
Dr. Herath

The gazette states that in order to be a fully vaccinated one has to received a ‘minimum of three doses’ of COVID vaccines. The public therefore questioned whether there would be a maximum number of doses. When inquired, Deputy Director General of Health Services Dr. Hemantha Herath said that at present in order to get the ‘fully vaccinated’ status one has to receive a minimum of three doses. “That’s why it says minimum. Some people may get more than three. Some people require two doses of the Pfizer vaccine.” said Dr. Herath. 

Responding to a query on how those who need to be exempted from getting COVID vaccines would be identified Dr. Herath said that those who are incapable of getting COVID vaccines should be given some kind of proof.
“Further instructions need to be issued from the regulatory side and matters such as this exemption should be considered and duly implemented,” he said. Addressing a media briefing recently, Director of Health Services Dr. Asela Gunawardena said that the definition of ‘fully vaccinated’ means two doses plus booster for people over 20; two doses only for those between ages 16-19 and one dose only for children between ages 12-15. The list of public places is yet to be announced. He further said that the vaccination is not forced on the people and it’s their right to get or not get vaccinated, but affirmed that they have no right to endanger another person’s life.

That’s why it says minimum. Some people may get more than three. Some people require two doses of the Pfizer vaccine,”
- Dr. Hemantha Herath Deputy Director General of Health Services

“Why force people?”