AFRICA’S GOVERNANCE RESPONSE TO COVID-19 | PRELIMINARY REPORT 2020
Other commonly used containment measures are
quarantines (the systematic isolation of infected
persons or those suspected to be infected), the
tracking and tracing of the contacts of infected
persons (for which South Africa is using mobile
technology), the encouragement of social
distancing, encouraging citizens to wash their
hands frequently, and the wearing of protective
and preventive equipment such as face masks.
With respect to handwashing, Sierra Leone has
installed handwashing stations in many of its
health facilities, markets and schools.
Similarly, Mozambique has sought to redirect its
industrial sector toward the production of goods
required for the prevention and mitigation of the
pandemic.
As far as treatment of those suffering from
COVID-19 is concerned, Cameroon has
established specialized treatment centers in its
regional capitals. Senegal is also spearheading
the development of affordable ($1) testing kits,
working with its research institutions.
The disease containment and prevention measures
have implications for citizens’ enjoyment of
human rights. For example, quarantines may have
adverse impacts on the ability of vulnerable groups
to earn a living (since they are likely to lose their
jobs as they cannot go to work) and access basic
necessities such as food and healthcare. Such
groups also often do not have access to social
security, and so measures such as quarantines are
likely to have harmful consequences for them.
Typically, in most countries, persons arriving from
areas or countries highly affected by the virus are
obliged to undergo a two-week quarantine (one
month in the case of the Republic of Sudan).
These quarantines are administered in different
ways. In some cases, the affected individuals are
required to self-quarantine. In other cases, they
are quarantined in government facilities or hotels,
either at their expense or at the expense of the
government. Thus, in Kenya and Ethiopia, affected
travellers are quarantined at their expense.
A common challenge, however, is that the
affected travellers may not be able to afford the
quarantine expenses. Further, requiring infected
persons to meet the quarantine costs may be
counterproductive as it could discourage people
from getting tested.
These measures should therefore be imposed and
implemented within a framework that respects the
rule of law and the human rights of citizens. In this
respect, the International Covenant on Civil and
Political Rights permits states to take measures
that derogate from their obligations under this
Covenant in emergency situations (Article 4).
However, the Covenant only permits such
derogations where a state officially proclaims a
state of emergency and the measures it proposes
are proportional, meaning that they are strictly
required by the exigencies of the emergency.
Further, the Covenant prohibits derogations from
certain fundamental rights, including the right to
life, prohibition of cruel or inhuman punishment,
and the principle of legality. In contrast, the African
Charter on Human and Peoples’ Rights does
not allow member states to derogate from their
Invariably, countries have tasked their security
forces (including the police and armed forces)
to enforce the prevention and containment
measures, with varying outcomes and impacts.
Another challenge for member states has been
ensuring the availability and accessibility of
personal protective equipment. Egypt has sought
to resolve this challenge by tasking its state-owned
enterprises linked to the military to produce the
required preventive and protective equipment.
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