Carolyn Cooper | Medical doctors afraid of speaking out

Several doctors contacted me and my sister Donnette last week in response to my column, “ICU-B at the UHWI needs more intensive care.” They all told the same disturbing story. Jamaica’s public health system is in a terrible condition and there’s very little they can do about it. I suggested to one of the doctors that she should turn her email into an anonymous letter to The Gleaner editor. She was unwilling to do so. She feared that the letter could be traced back to her, with punishing repercussions.

One of the emails was revealing: “I am aware that the public does not understand that doctors and nurses in the public health system are repressed by the Official Secrets Act and by the fact that we are emergency workers. We do not have the power to strike. When we attempt to take industrial action in protest against poor conditions in the public health system, we are ordered back to work by the Industrial Disputes Tribunal. Anyone who whistleblows loses their job and is blacklisted.”

It’s not cowardice, plain and simple, that makes medical doctors very cautious about speaking out about the dread state of the public health system. The Official Secrets Acts are a powerful deterrent. There’s an alarming “Declaration” that public officers, including medical doctors, must sign when they are appointed. Here’s the first sentence: “My attention has been drawn to the provisions of the Official Secrets Acts, 1911 and 1920, which are set out on the back of this document, and I am fully aware of the serious consequences which may follow any breach of those provisions.”

The second sentence explicitly addresses the issue of unauthorised disclosures to the press: “I understand that the sections of the Official Secrets Acts set out on the back of this document, [sic] cover articles published in the Press or in book form, and that I must not divulge any information gained by me as a result of my employment to any unauthorized person, orally or in writing, without the previous sanction of the head of the Department.”

The third sentence of the “Declaration” extends its reach: “I understand also that these provisions apply not only during the period of my employment but also after my employment in the public service has ceased.” It’s bad enough that public officers are muzzled during employment. But even after? These provisions in the “Declaration” appear to violate a fundamental protection guaranteed by the Jamaican Constitution: “All persons in Jamaica are entitled to the right to freedom of expression and the right to seek, receive, distribute or disseminate information, opinions and ideas through any media.”

A COLONIAL ACT

Last week, I sent an email to the Medical Association of Jamaica (MAJ) asking if they could not speak out collectively about the desperate state of our public health system. Even if individual doctors are understandably afraid, the MAJ ought to be able to fearlessly speak on behalf of members who are intimidated by the Official Secrets Acts. Surely, there must be safety in numbers. We need whistleblowers to initiate change. I haven’t gotten a response from the MAJ as yet, presumably because of Hurricane Beryl.

Why should a colonial Act, over a century old, still prevent widespread access to vital information about the deterioration of the public health system? This is yet another example of the legacies of our brutal history that must be fearlessly confronted. There have been some attempts to change the law. The Jamaica Information Service website carried this 2011 report by Latonya Linton:

“Prime Minister, the Hon. Bruce Golding, said he wants to see the Official Secrets Act removed from the law books in another 18 months, noting that such legislation has no place in an independent country. ‘This has no place and if next year we’re going to be celebrating 50 years of independence, then I would like to say bye-bye to this before we celebrate that 50,’ he said.”

The report confirmed the Opposition’s objection to the Acts: “Member of Parliament for East Kingston and Port Royal, Phillip Paulwell also noted that the Secrets Act has outlived its purpose. ‘It is time for us to abolish the Official Secrets Act,’ he said.” But Golding appeared to backpedal: “The Prime Minister, while expressing agreement, said that the ‘notion of simply just dispensing with it and then we move on is something that we need to be cautious about. There is going to have to be a framework dealing with confidentiality within the public service.’ he added.” More than a decade later, the ancient laws are still on the books.

NO SECRET

I got an email last week from a Jamaican living abroad. His experience with our public health system was life-changing: “5 years ago, my son (asthmatic) was with us on vacation in Ochie. After waiting in St. Ann’s Bay ER for 3 hours, I could now hear the wheezing.

“A (godsend) Nurse sent us to a Private Dr. who helped us immensely with medication and a prescription. We had bought a condo in Ochie, which was to be our retirement home. Knowing that we can’t afford to get sick in Ja, we sold it. We still come home, but, listening to Tufton get so defensive over any criticism, or observation, makes me wonder. Don’t get me wrong, I love Ja.”

No matter how much we love Jamaica, we must admit that getting sick here is an extremely risky business. No Official Secrets Act can protect us from that knowledge. It is no secret, official or otherwise, that our public health system is in terrible decline. The real secret is the full extent of the disaster.

Carolyn Cooper, PhD, is a teacher of English language and literature and a specialist on culture and development. Email feedback to columns@gleanerjm.com and karokupa@gmail.com