HRCSL proposes guidelines to regularize COVID-19 quarantine process

The Human Rights Commission of Sri Lanka (HRCSL) has proposed a list of guidelines with the view of regularizing the COVID-19 quarantine process of the country.

In a letter addressed to Minister of Health Pavithra Wanniarachchi and Head of the National Operation Centre for Prevention of COVID 19 Outbreak (NOCPCO) Army Commander Lieutenant General Shavendra Silva, the HRCSL commended the efforts taken to curb the COVID-19 outbreak in the country.

The letter reads that while the Commission recognizes the need to restrict freedom of movement and liberty of people in the interests of public health and public order, it has received a variety of complaints and expressions of concerns relating to the quarantine process.

HRCSL further says that it welcomes confirmation that first contacts of the COVID-19 infected patients who were earlier sent to quarantine centres, will now be home quarantined.

However, as it is incumbent on the Commission under Act No. 21 of 1996 to examine whether restrictions on liberty are compatible with our Constitution and international human rights obligations, considering the concerns raised by the public, the Commission has proposed a set of guidelines.

The Commission states that the quarantine process can be regularized under the law by:

1. Transparency in the delegation of powers by the “Proper Authority”;
2. Vest powers of testing on designated qualified personnel;
3. List the places designated as quarantine centres and the designating authority.
4. Clarify the period of required quarantining.
5. Create a receipt system for quarantined persons including the reason for quarantine, the place they are being taken to, and the length of isolation;
6. External scrutiny of quarantine centres, especially by the “proper authority”;
7. Prohibit those handling quarantine from informing the media of the proposed quarantining efforts, exposing those being quarantined to the public gaze as though they were offenders rather than unfortunate victims of a virulent virus.

The Commission also says that the hardships imposed by the quarantining process can be ameliorated by:

1. Ensuring quarantined period is considered paid/ duty leave;
2. Ensuring financial or any other assistance to families of those in quarantine;
3. The Grama Niladhari be immediately informed when a person is quarantined;
4. In the circumstances where the vulnerable dependents in the families are left behind due to the quarantine process, the Grama Niladhari to ensure the provision of all necessary support to vulnerable persons including alerting the proper authorities.

However, HRCSL emphasized that nothing in these recommendations should be construed by any member of the public to act contrary to health guidelines issued by the public health authorities in regard to the COVID-19 pandemic or act in a manner that would be harmful to public health in general.

The Commission reiterated that placing the persons of the first contact with COVID-19 patients under home quarantine will remove most of the concerns listed above, but is issuing these recommendations in the event the government wishes to establish quarantine processes again in the future.

The letter issued by the Commission: 

HRCSL Guidelines on Quarantine Process by Ada Derana on Scribd