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Rights breached!
Letters
April 16, 2020

Rights breached!

Dear Editor,

The mishandling of the issues surrounding the Jamaican cruise ship workers, I suspect, may be actionable.

The release from the Ministry of Foreign Affairs correctly states:

“The vessel did not come into the Jamaican harbour/port on April 2, 2020, but was anchored at the California Bluffs, 12 miles south of Port Royal for refuelling.”

Coincidentally, normally, the territorial waters extend to 12 miles offshore, but because Jamaica, being a archipelagic State, with Pedro Keys being a part of the archipelago, the 12 miles are measured from that location. So there should be no doubt that the ship was in Jamaica territorial waters.

What is even more egregious is that certain rights are enshrined in the Jamaican Constitution, and these given and protected rights were summarily breached.

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, guarantees:

“(f) the right to freedom of movement, that is to say, the right:

(i) of every citizen of Jamaica to enter Jamaica; and

(ii) of every person lawfully in Jamaica to move around freely throughout Jamaica, to reside in any part of Jamaica, and to leave Jamaica;”

So recent attempts to bolt the gates after the horses have left would be an infringement on guaranteed rights.

Clearly, either ill advice abounds or a cavalier approach is being pursued. Government has a duty to protect the country, but it must be guided by a desire to respect and guard those rights and principles enshrined in the constitution.

The least that could be done for these citizens aboard the ship, whose sole desire was to return to their homeland, was to admit them under any conditions deemed necessary to preserve any negative exposure to the population. There ought to be protocols of controlled entry to include, if warranted, State quarantine.

Ralston Nunes

ralstonnunes@gmail.com

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