THE Constitution of Guyana speaks to the right of all Guyanese to live in an environment that is not harmful to his or her health or well-being, and the duty of every individual to participate in activities designed to improve the environment, and protect the health of the nation. Article 40 of the Constitution of Guyana states that every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want.

Such rights, however, must not in any way endanger or prejudice the rights and freedoms of others, or the public interest. In other words, such rights and freedoms are not absolute, and, therefore, have to be seen in the wider context of the concomitant responsibility by individuals to refrain from any form of behaviour that could endanger the health and well-being of the society as a whole.

Unfortunately, that constitutional right of individual freedoms are being twisted by some elements of our society to justify the actions of some people who refuse to take the COVID-19 vaccines, on the spurious grounds that it is a ‘violation’ of their constitutional right whether or not to take the COVID-9 vaccine. However, there is a growing body of opinion emanating from the legal community, both in Guyana and the wider Caribbean, to the effect that individual rights cannot override the collective rights of a community, especially in an environment of existential threats, as in the case of the COVID-19 pandemic.

This debate regarding individual rights versus the right of the State to act in a manner to advance the greater good of the society has a long history, but gained prominence since the days of philosophers Thomas Hobbes and Emanuel Kant, both of whom spoke of the importance of a ‘social contract’ between citizens and the State in which citizens voluntarily agreed give up some of their individual freedoms to the State in exchange for their own security and well-being.

We have to guard against a ‘culture of irresponsibility’ which is being encouraged in some quarters to justify persons who are reluctant to take the COVID-19 vaccines. The Guyana Teachers Union, in a recent statement, said that it will resist any attempt by any individual, organisation or body to subject teachers to a ‘tyrannical’ decision. This is unfortunate, coming from an organisation that has a responsibility to ensure the safety of not only its membership, but the nation’s children. The head of the Teachers Union is a Member of Parliament representing the APNU+AFC coalition, whose position on the issue is not dissimilar. The APNU+AFC recently staged a demonstration against what it considers to be ‘compulsory’ vaccination of the Guyanese people.

The position taken by the APNU+AFC is misleading, and a complete distortion of the facts. The government has made it pellucidly clear that the COVID-19 vaccine is not compulsory, and is urging all Guyanese to let good sense prevail, and take the vaccines for their own good, and that of their families.

Meanwhile, the Private Sector Commission (PSC) has issued a statement, calling on its member companies to require all of their employees to be vaccinated, and for those unvaccinated to provide evidence of a medically-current COVID-19-negative infection test as a prior condition for reporting to work, especially those operating in the hospitality and entertainment businesses.

The Guyana government, for its part, has already started to put in place several measures to contain the spread of the virus, such as insisting on proof of being vaccinated before gaining access to ministries and other government agencies. Those who, for whatever reason or reasons, remain unvaccinated can only access government services by appointment. These measures become all the more necessary, given the resurgence of COVID-19 infection rates in several countries, especially the new Delta variant. According to a release by the CDC, the Delta variant is spreading rapidly among the unvaccinated segment of the population, and even though there are still no known cases of the dreaded variant in Guyana, the potential risk of it reaching Guyana cannot be ruled out.

The Guyana Government must be applauded for making available an adequate supply of the vaccines to the population at a time when several other countries are unable to do so. It has a duty and responsibility to protect the health and well-being of its citizens, and, so far, it is doing an exceedingly good job, despite the resistance from some sections of the population, especially the political opposition. The good thing is that the vast majority of the Guyanese people are much more discerning and rational, and have responded well to the vaccination call.  The measures taken are not in any way punitive or discriminatory, and any attempt to create such an impression is not only ill-advised and short-sighted, but counter-productive, and not in the national interest.