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. 38

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