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Haiti - FLASH : Presidential decree setting the general rules for protecting the population from Covid-19 23/05/2020 10:02:44
Decree : "[....] Article 1.- This Decree sets the general rules for protecting the population in the event of a pandemic / epidemic. These rules apply from the entry into force of the Decree declaring a state of health emergency until its repeal. Article 2.- In order to slow down the spread of the pandemic, hygiene and social distancing measures, known as 'barriers', defined at national level, and all other necessary measures depending on the nature of the pandemic, adopted by Order adopted Council of Ministers, must be observed in all places and in all circumstances. Article 3.- Any driver of vehicle or transport equipment shall cleaning with disinfectant of the vehicle or transport equipment at least once a day. The vehicle or transport equipment is permanently ventilated. The violation of these provisions by the driver is liable to three thousand (3,000.00) Gourdes of fine, five (5) days imprisonment or fifteen (15) days of community service to be determined by the Municipal Council. Article 4.- The driver of a vehicle or transport equipment communicates to travelers the hygiene and social distancing measures, called 'barriers', or any other measures necessary according to the nature of pandemic / epidemic, including in particular the obligation for the travelers to wear a protective mask or personal protective equipment protecting at least the mouth and nose. The driver ensures that these measures are respected by travelers. In the event of a violation, he is liable to one of the penalties provided for in the third paragraph of article 3. Article 5.- The driver is authorized to refuse access to the vehicle or transport equipment to any person who refuses to wear a protective mask or personal protective equipment protecting at least the mouth and nose or who does not comply not to the other measures to combat the pandemic / epidemic adopted by Decree taken in the Council of Ministers. Article 6.- Any gathering, meeting or activity bringing together more than five (5) people simultaneously, in an enclosed or open environment, is prohibited on the territory of the Republic, under penalty of three thousand (3,000.00) Gourdes of fine, five (5) days imprisonment or fifteen days of community service to be determined by the Municipal Council. Article 7.- Having regard to the health situation: 1) Conservation care is prohibited on the body of the deceased suffering from or probably suffering from the virus responsible for the pandemic / epidemic at the time of their death; 2) The deceased, affected or probably affected by the virus responsible for the pandemic / epidemic at the time of their death, are immediately put in Berre. The practice of mortuary toilet is prohibited for these deceased, to the exclusion of post-mortem care by health professionals. The care and toilet which are not prohibited by this article are practiced in appropriate sanitary conditions. The violation of these provisions is punished with three thousand (3,000.00) Gourdes of fine, five (5) days of imprisonment or fifteen (15) days of community service to be determined by the Municipal Council. Article 8.- The wearing of a protective mask or personal protective equipment, protecting at least the mouth and nose or any other equipment for combating the pandemic / epidemic, determined by Decree taken in the Council of Ministers, is mandatory for anyone on or on public roads, under penalty of three thousand (3,000.00) gourdes fine, five (5) days imprisonment or fifteen (15) days of community service to be determined by the Municipal Council. This obligation applies in all shopping centers and establishments, public and private institutions and all spaces or areas open to the public. The provisions of the first paragraph do not apply to children under five (5) years of age, people with breathing difficulties or those who can justify other situations of necessity or force majeure. The mask should not cover more than 30% of the nose. It should leave the ears visible. Any other device used for health protection purposes must leave more than 70% of the nose, eyes, ears and forehead visible. In no case can a hood replace or be substituted for a mask. The heads of these centers and institutions, the guards of these spaces and zones ensure compliance with these provisions under penalty of fine of three thousand (3,000.00) gourdes, five (5) days imprisonment or fifteen (15) ) working days of general interest to be determined by the Municipal Council. The obligation to wear a mask or personal protective equipment, protecting at least the mouth and nose, does not preclude being asked to remove it for the strict necessity of checking the identity of the carrier. Article 9.- The curfew is maintained from 8 p.m. to 5 a.m. in the event of a pandemic / epidemic, under penalty of three thousand (3,000.00) gourdes of fine, five (5) days imprisonment or fifteen (15) days of general interest work to be determined by the Municipal Council. The curfew hours can be modified by Decree taken in the Council of Ministers according to the nature and the evolution of the pandemic / epidemic. The provisions of the first paragraph do not apply to journalists, law enforcement officers on duty, medical personnel, firefighters, paramedics on duty, or other categories of professionals or persons with an authorization issued under the conditions provided by Decree taken in the Council of Ministers. Anyone using a false professional identity card to pass themselves off as the professionals provided for in the third paragraph is prosecuted and punished in accordance with the Penal Code. Article 10.- Police officers, who are not on duty or who are not in uniform, are required to respect the curfew like any other citizen, under penalty of five thousand (5,000) fine gourdes , ten (10) days imprisonment or thirty (30) days of community service to be determined by the Municipal Council. Article 11.- any law enforcement officer, who checks the identity of a person, must wear his mask or personal protective equipment protecting at least the mouth and nose and respect a distance of at least one (1) meter of the person it controls or any other measures to combat the pandemic / epidemic adopted by Decree taken in the Council of Ministers, under penalty of five thousand (5,000) gourdes fine, ten (10) days imprisonment or thirty (30) days of work of general interest to be determined by the Municipal Council. Article 12.- Anyone who has been in close contact with a patient, suffering from the pandemic / epidemic virus, must automatically quarantine himself or go for screening within a period not exceeding forty-eight (48) hours or all shorter period of time provided for by the Ministry of Public Health, and comply with all other measures to combat the pandemic / epidemic provided for by Order adopted by the Council of Ministers. Article 13.- All forms of stigma and discrimination are prohibited, under penalty of the sanctions provided by law. Article 14.- The taking of photo, video or any other image capture technique of a patient suffering from the pandemic / epidemic virus is prohibited without his authorization, under penalty of ten thousand (10,000) Gourdes fine, fifteen (15) days imprisonment or thirty (30) days of community service to be determined by the Municipal Council. Article 15.- The publication of photos, videos or any other image capture technique, on social networks, of corpses of people who died from the pandemic / epidemic is prohibited, under penalty of twenty thousand (20,000) gourdes of fine, fifteen (15) days imprisonment or thirty (30) days of community service to be determined by the Municipal Council. Article 16.- The publication of a patient's test results is prohibited without his authorization. Article 17.- Any movement of a person affected by the pandemic / epidemic is prohibited except to go to the hospital or on authorization granted under the conditions provided for by Order adopted by the Council of Ministers. Article 18.- Anyone affected by the pandemic / epidemic, who voluntarily shares the virus with another person, incurs a fine of twenty-five (25,000) thousand gourdes, without prejudice to the other penalties provided for by the Penal Code. Article 19.- Any unhealthy speech or any form of disrespect manifested towards doctors, nurses, auxiliaries or any other member of the nursing staff, is prohibited in treatment centers for persons affected by the pandemic / epidemic. Article 20.- The use of firearms in the premises of treatment centers for people affected by pandemics / epidemics is prohibited without the authorization of the Chief of Police. Article 21.- Any worker with a symptom similar to a pandemic / epidemic must stop working to go home or go to the hospital. He is remunerated in accordance with the Law. Article 22.- With the authorization of the Minister responsible for Territorial Collectivities, the Mayors may, if necessary, take other necessary measures, in terms of travel restrictions, public gatherings, quarantine, for the purposes protection of public health in their municipality. Article 23.- The penalties provided for by this Decree are pronounced by the Single Police Court competent for all discontinuing cases, without surrender or rotation, without prejudice to damages. Article 24.- For the purposes of the application of the Decree, the Municipal Councils communicate to the Single Police Courts the list of works of general interest in their commune twenty-four hours after the publication of this Decree in the Official Journal "Le Moniteur" . This list is updated periodically in the forms and conditions determined by Order adopted by the Council of Ministers. Article 25.- The particular and special rules for the protection of the population in the event of a pandemic / epidemic, as well as the related sanctions in the event of violation, are determined by Order adopted by the Council of Ministers. Article 26.- The state of health emergency, declared by the Decree of March 19, 2020 and renewed by that of April 20, 2020, is renewed for an additional period of two (2) months from the publication of this Decree. Article 27.- This Decree repeals all Laws or provisions of Laws, all Decrees-Laws or provisions of Decrees-Laws, all Decrees or provisions of Decrees which are contrary to it and will be published and executed at the behest of the Prime Minister and all the Ministers, each as far as he is concerned. Given at the National Palace, in Port-au-Prince, on May 20, 2020, Year 217 of Independence. [...]" HL/ HaitiLibre
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