AFRICA’S GOVERNANCE RESPONSE TO COVID-19 | PRELIMINARY REPORT 2020 treaty obligations during emergency situations. temporarily held in quarantine are to be treated at all times as free agents, except for the limitations necessarily placed upon them in accordance with the rule of law and on the basis of scientific evidence. Thus, the containment and prevention measures should not constitute punishment. Further, member states need to ensure that these measures are implemented in a manner that does not undermine livelihoods, particularly of vulnerable populations. In countries, such as Kenya and Malawi, the courts have therefore ruled that declarations of states of emergency must be made within the framework of the law, and that the use of force in enforcing curfews is unreasonable and security forces need to respect citizens’ rights to life and dignity. These courts are also insisting that individuals who are being 39