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Agriculture damage due to Typhoon Odette hits P12.7B

PHILIPPINE COAST GUARD FACEBOOK PAGE

DAMAGE to the agriculture industry caused by Typhoon Odette (international name: Rai) has risen to P12.7 billion, according to the Department of Agriculture (DA).

The storm affected 396,585 farmers and fishermen across 443,419 hectares of agricultural land, the DA said, with the lost volume of production estimated at 267,809 metric tons (MT).

The fisheries sector sustained damage valued at P4 billion, with 41,181 fishermen affected.

Losses to the rice crop came in at P2.6 billion on volume of 139,399 MT across 114,777 hectares of farmland.

The high-value crop sector, including banana and cacao, tallied P1.6 billion in damage, coconut P1.5 billion and sugarcane P1.2 billion.

Damaged production areas were mainly in the Calabarzon (Cavite, Laguna, Batangas, Rizal, Quezon), Mimaropa (Mindoro, Marinduque, Romblon, Palawan), Bicol, Western Visayas, Central Visayas, Eastern Visayas, Zamboanga Peninsula, Northern Mindanao, Davao, Soccsksargen (South Cotabato, Cotabato, Sultan Kudarat, Sarangani, and General santos City), and Caraga regions. — Luisa Maria Jacinta C. Jocson

Tourism workers starting to receive booster shots

PHILSTAR

TOURISM INDUSTRY workers are starting to receive booster shots to bolster their protections in the wake of the spread of the Omicron variant of coronavirus disease 2019 (COVID-19), the Department of Tourism (DoT) said.

Tourism Secretary Bernadette Romulo-Puyat said in a statement on Wednesday that booster COVID-19 shots are now being administered to tourism workers who had been fully vaccinated around the National Capital Region (NCR) and Boracay Island.

She added that booster shots will also be rolled out for tourism workers in other destinations like Baguio City and Davao.

According to the DoT’s National Capital Region office, 12,693 of 25,385 workers have received COVID-19 booster shots.

The DoT said the National Task Force against COVID-19 has committed to allot 20,000 COVID-19 vaccine doses as booster shots for tourism workers in Boracay Island.

“We are glad to see the willingness of our tourism workers to get vaccinated grow over the past few months. We continue to encourage them to avail of the free vaccine as this is a critical component for the industry to rebound and thrive in the new normal,” Ms. Romulo-Puyat said.

According to the DoT, 282,780 individuals, or 88.38% of the initial target of 325,489 tourism workers, have been fully vaccinated against COVID-19 as of the end of 2021.

It added that 38,931 individuals have yet to receive their first doses.

“The inoculated workers are employed in accommodation establishments temporarily operating as isolation/quarantine facilities, regular hotels, tourism enterprises, tourism support services, and community-based tourism organizations,” Ms. Romulo-Puyat said.

The DoT said vaccination rates in the Cordillera Administrative Region exceeded the target for full coverage, with the initial lineup of 12,019 tourism workers deemed fully protected. Doses were administered to 12,485 workers to include some individuals who had acquired new jobs after the initial count, for a vaccination rate of 104.24%.

“CAR is followed by NCR with 99.8%, or 44,186 of the region’s 44,234 initial target tourism workers,” the DoT said.

“Also registering high rates of vaccination are: Davao Region (99.11%); Central Luzon (98.91%); Northern Mindanao (98.48%); Bicol Region (95.49%); Eastern Visayas (94.04%); Soccsksargen (91.89%); and Central Visayas (90.98%),” it added. — Revin Mikhael D. Ochave

A closer look at recent amendments to the CREATE IRR

The new year seems like a good time to leaf through recent developments in legislation, simply as a prudent exercise in picking up from where we left off due to the long holidays. Worth noting are the latest amendments to the Implementing Rules and Regulations (IRR) of RA 11534 (or CREATE Law). On Dec. 2, the Department of Finance (DoF) and Department of Trade and Industry (DTI) issued the following amendments:

Availment period — First, the IRR prescribed a maximum period for availing of non-income-related tax incentives. These incentives refer to the exemption from customs duty on importations of capital equipment, raw materials, spare parts or accessories; the VAT exemption on imports; and the VAT zero-rating on local purchases. Thus, registered export enterprises may avail of these incentives for a maximum of 17 years, while registered domestic market enterprises are eligible for customs duty exemption for a maximum of 12 years. The period is counted from the date of registration, unless otherwise extended under the Strategic Investment Priority Plan.

Sunset period — A sunset period was also imposed on the non-income-related tax incentives of existing registered business enterprises (RBEs) under their respective registrations. Export enterprises registered with ecozones and freeports are to enjoy the incentives until the sunset period ends. If the existing RBE is entitled only to an income tax holiday (ITH), then the sunset period will run until the expiration of the ITH. However, if the existing RBE was granted the 5% gross income tax rate, whether solely or after the expiration of the ITH, the sunset period is set for 10 years from the effectivity date of CREATE. On the other hand, existing RBEs registered with the Board of Investments (BoI) are eligible for duty exemption for five years from the date of registration.

Zero rating — Rule 2 Section 5 on VAT Zero-Rating and Exemption was further amended to delete the clause relating to the 12% VAT on indirect exports (i.e., transactions falling under Section 106(A)(2)(a) (3), (4), and (5), and Section 108(B) (1) and (5) of the Tax Code, as amended). The enumeration of goods and services that qualify as for the “direct and exclusive use for the registered project or activity” was expanded to include packaging materials, provision of basic infrastructure, utilities and maintenance, repair and overhaul of equipment. Finally, the grant of VAT zero-rating on local purchases requires the endorsement of the concerned Investment Promotion Agency (IPA), as well as meeting the documentary requirements of the Bureau of Internal Revenue (BIR).

ITH — The three-year income tax holiday that may be granted to qualified expansion projects or activities shall be followed by the Special Corporate Income Tax (SCIT) or enhanced deductions, as may be applicable. Non-income-related tax incentives may also be given.

Duty exemption — Existing RBEs qualify for duty exemption until the expiry of the Certificate of Authority to Import or Admission Entry for imports which were ordered, loaded, or are still in transit during the effectivity of Executive Order 85, series of 2019. Executive Order 85 provided for duty-free imports of certain capital equipment, spare parts and accessories by BoI-registered enterprises with new or expansion projects.

Offshore gaming — An additional section lays down the transitory rules for offshore gaming licensees and accredited service providers registered with IPAs before CREATE took effect. They may continue to enjoy the incentives until the expiry of the sunset period or of their license/registration, whichever comes first.

Notably, some amendments were highly anticipated by stakeholders, such as the deletion of the clause relating to 12% VAT on indirect exports, and the expansion of the list of goods and services classified as for “direct and exclusive use.” While not intended to be exclusive, the expanded list provides additional guidance on what purchases qualify for VAT zero-rating.

However, some IRR amendments may not be in harmony with CREATE, particularly, the availment and sunset periods for non-income-related tax incentives.

These periods are not found under the law. Sections 296 and 311 of CREATE, which provide the availment and sunset periods, respectively, speak only of ITH, SCIT (or the 5% gross income tax under special laws), and enhanced deductions. Since the law was silent as to any period applicable to non-income-related tax incentives, RBEs should be entitled to such incentives for the duration of their registration. For existing RBEs, it means that they should continue to enjoy the non-income-related tax incentives granted under their existing registrations and not repealed by CREATE.

It is also worth noting that, even before the amendment, Rule 2 Section 5 on VAT Zero-Rating and Exemption was inconsistent with CREATE. Following the definition of the terms under CREATE and its IRR, RBEs are classified as either export enterprises or domestic market enterprises. Section 295(D) of CREATE provides that RBEs are entitled to the VAT incentives, yet the IRR restricted these incentives to registered export enterprises only. Sadly, this interpretation was retained under the amended IRR.

Undoubtedly, the validity of the rule-making power of administrative agencies or “subordinate legislation” is well-recognized under our legal system. Administrative agencies may promulgate rules and regulations to implement laws enacted by the Legislative Branch. No less than the Supreme Court has declared that these rules and regulations have the force and effect of law. However, delegated legislative authority does not come unbridled. Equally recognized is the principle that IRRs should not modify, expand, or restrict the statute they seek to implement. To be a valid exercise of the rule-making power, IRRs must not contradict but should conform to the provisions of the law.

With due respect, the limitations imposed on the period within which non-income-related tax incentives may be enjoyed and the distinction created between export and domestic market enterprises on the eligibility for the VAT incentives amount to an undue expansion of the law.

Time and again, the Supreme Court has struck down provisions of IRRs that conflict with the law they are supposed to implement. The raison d’état lies in the old legal maxim that the spring cannot rise higher than its source. Thus, there may be a need to revisit the amended IRR.

The views or opinions expressed in this article are solely those of the author and do not necessarily represent those of Isla Lipana & Co. The content is for general information purposes only, and should not be used as a substitute for specific advice.

 

Dorothy Jane Puguon is an assistant manager at the Tax Services Department of Isla Lipana & Co., the Philippine member firm of the PwC network.

dorothy.jane.puguon@pwc.com

Active Philippine COVID cases hit record 208,164

EN.WIKIPEDIA.ORG

By Kyle Aristophere T. Atienza, Reporter

ACTIVE coronavirus infections in the Philippines hit a record of more than 200,000 on Wednesday amid a surge probably spurred by the highly mutated Omicron variant, as the country posted 32,246 more cases.

There were 208,164 active cases, 6,435 of which did not show symptoms, 197,091 were mild, 2,872 were moderate, 1,468 were severe and 298 were critical, the Department of Health (DoH) said in a bulletin.

Total infections hit 3.06 million, while deaths increased by 144 to 52,654. Recoveries rose by 5,063 to 2.8 million, the agency said.

It added that 45.7% of 63,0-3 samples on Jan. 10 tested positive for coronavirus disease 2019 (COVID-19), way above the 5% threshold set by the World Health Organization (WHO).

The agency said 99% of the cases occurred from Dec. 30 to Jan. 12. The top regions with new cases in the past two weeks were Metro Manila with 17,902, Calabarzon with 6,838 and Central Luzon with 3,268 cases. Of the deaths,14% occurred in January, 6% in September and 22% in August.

It said 85 duplicates had been removed from the tally, 68 of which were reclassified as recoveries and one was tagged as a death, while 125 recoveries were relisted as deaths. Eleven laboratories failed to submit data on Jan. 10.

DoH said 43% of intensive care unit beds in the country had been used, while the rate for Metro Manila was 56%.

The country is struggling to contain a fresh spike in infections spurred by the highly contagious Omicron variant.

Health Secretary Francisco T. Duque III said deaths and hospitalizations were lower than during the surge spurred by the Delta variant.

“It looks like the deaths now continue to go down compared with Delta,” he told an online forum. “When you talk about deaths, there is no such thing as an improvement but I guess the numbers are better.”

“The number of deaths continues to go down because the severe and critical cases are lower, preventing hospitalizations and deaths,” he added.

Mr. Duque noted that based on their study of 8,500 hospital admissions, there were only about 700 severe cases. “Only 217 are critical or about 3%.”

“Hopefully, our intensive care unit utilization rate continues to be down compared with when the Delta surge was happening.”

NOT MILD
Mr. Duque said it was premature to say that the lower number of coronavirus infections on Tuesday showed a downtrend. Cases recorded on Tuesday were from the testing output on Sunday. Testing output is usually lower on Sundays because some laboratories are closed.

“This is not an indication that the peak is over,” Mr. Duque said. “We might still be in the acceleration phase of our surge but of course, we are doing our best to hopefully contain this as soon as possible.”

Mr. Duque spoke before the Health department came out with coronavirus numbers. Wednesday’s tally was higher than Tuesday’s 28,007 infections.

WHO Director-General Tedros Adhanom Ghebreyesus earlier noted that while the highly mutated Omicron variant appears to be less severe than Delta, it should not be categorized as mild.

“Just like previous variants, Omicron is hospitalizing people and it’s killing people,” he said on Jan. 6, based on an article published by The Tampa Bay Times.

Omicron might soon become the dominant coronavirus strain in the country, replacing Delta, WHO representative to the Philippines Rabindra Abeyasinghe separately told a televised news briefing on Wednesday.

“We have been trying to understand the spread of Omicron in the Philippines and it is not surprising because the transmissibility of Omicron is significantly higher than the currently dominant Delta variant,” he said. “We would expect to see Omicron displacing the Delta variant.”

He said Omicron is dominant based on a recent sequencing of samples collected from the National Capital Region (NCR) and returning overseas Filipinos.

“To say whether it is the predominant variant in the country, it will soon be so but because we have very few sequencing results from the other regions, it’s difficult to conclusively judge,” he added. “But it’s not entirely a surprising result, and we believe that in the near future, Omicron will displace Delta variant as the predominant variant as it has done in several other countries.”

Omicron had now dominated Philippine coronavirus infections Mr. Duque said on Tuesday, citing the latest genome sequencing. He said 60% of the samples were positive for the Omicron variant.

The virus reproduction number in Metro Manila had decreased to 4.69 as of Jan. 8, the OCTA Research Group said in a report, noting that it has been higher than 5 since Dec. 30. It added that the reproduction rate was 6.16 on Jan. 2.

“A decreasing reproduction number indicates that the trend is slowing down,” OCTA said. “One way to think of this is a decreasing growth rate — cases are still rising but at a slower pace.”

OCTA noted that in past surges, “a peak is always preceded by a decreasing reproduction number.” “Because the trends being observed are based on limited data, there is still uncertainty when the peak might happen.”

Gov’t told to limit RT-PCR tests to symptomatic

BLOOMBERG

THE PHILIPPINES should limit RT-PCR tests to patients who show symptoms of the coronavirus especially the elderly and seriously ill people, the World Health Organization (WHO) said on Wednesday.

“Targeted testing is a better use of resources on RT-PCR tests,” WHO representative to the Philippines Rabindra Abeyasinghe told an online news briefing.

There is no need to confirm testing of household members living with a COVID-19-positive person as long as they don’t show symptoms, he said. “You just need to assume that it’s Omicron, because it’s milder. It’s more prudent to just isolate or quarantine as the case may be.”

Health advocates have asked the government to conduct free mass testing amid a fresh surge in coronavirus infections probably spurred by the highly mutated Omicron variant.

“It would not be necessary to test and confirm every infection unless of course you’re in vulnerable groups,” Mr. Abeyasinghe said.

The local healthcare system can manage coronavirus cases until about Jan. 27 or 28 if the third alert level is kept, he said.

“We are looking closely at the current Alert Level 3,” he said. “We are seeing a significant reduction in mobility. If yesterday’s reduction in numbers is an indication, maybe the current alert levels are adequate.”

People who show symptoms of the coronavirus should be isolated immediately to reduce transmission and the need for a stricter lockdown “because that has very serious economic consequences,” he added.

“We should try to help people live with this variant rather than locking down. It’s health and economy not health versus economy,” the WHO representative said.

The government should also boost vaccination to protect people from getting hospitalized, severe illness and death, he added.

The government aims to vaccinate as many as 90 million people by the end of the second quarter, vaccine czar Carlito G. Galvez, Jr. told a taped Cabinet meeting on Monday night. The government missed its goal last year of fully vaccinating at least 54 million people.

He also said more than 71 million adult Filipinos were expected to get booster shots against COVID-19 by the end of the third quarter. They will come from the projected 90 million fully vaccinated Filipinos by June.

Mr. Galvez cited a need to buy 17 million more booster doses this year, while 26 million lower doses were needed to inoculate children aged 5 to 11 years.

Meanwhile, 97 areas in Metro Manila covering 463 people were under a granular lockdown, according to the Interior and Local Government department.

Nationwide, 107 areas were under a targeted lockdown, affecting 679 people, Interior Undersecretary Jonathan E. Malaya told a televised news briefing.

Police and village law enforcers have been used to enforcing the granular lockdown, he said.

He said more than 700 policemen were guarding hotels where almost 19,000 international travelers were quarantined. Police have set up help desks in these hotels, which they guard round the clock.

At Monday’s Cabinet meeting, President Rodrigo R. Duterte said the state has a duty to restrain unvaccinated citizens from going out.

“We have every right to restrain them,” he said. “We cannot wait for a law,” he added, noting that Congress was on recess and passing a bill would take time.

Mr. Duterte urged the public anew to get vaccinated against the coronavirus. — Norman P. Aquino

Lawmaker presses for immediate release of P8-B testing, laboratory funds

PHILSTAR

A SENATOR on Wednesday called on the administration to expedite the release of funds allocated for laboratories and expanded testing to cope with demand as the country faces a surge in coronavirus cases fueled by the more transmissible Omicron variant. 

Senator Emmanuel Joel J. Villanueva, in a statement on Wednesday, said there is an P8-billion laboratory network budget under the Department of Health in the 2022 General Appropriations Act (GAA). 

The amount should be “downloaded without delay” to public health facilities so they can address the spike in testing requests, he said. 

Any delay, he added, “would be a case of underspending that leads to undertesting, which then leads to undercounting of cases.”

Based on the latest report released by the Health department, there were only 63,903 RT-PCR tests conducted on Jan. 10, from which a 45.7% positivity rate was recorded. 

There are currently 310 accredited coronavirus disease 2019 (COVID-19) testing laboratories, including private and state-run, in the Philippines, which has a population of about 111 million. 

The senator said under the special provisions of this year’s GAA, the laboratory network funds should be used to set up swab booths and for other operations involving swab specimen collection and antigen rapid diagnostic testing. 

“This can be read as mandate for free swab testing,” Mr. Villanueva said.

These funds are also needed for public hospitals and clinics to purchase and stock up on testing kits and laboratory commodities, he added.

Neither antigen nor RT-PCR testing are widely available for free in the country.

Under a Health department circular that took effect Sept. 6, price caps for RT-PCR tests were set at P2,800 for plate-based and P2,450 for GeneXpert for public laboratories, and P3,360 for plate-based and P2,940 for GeneXpert in private laboratories.

In addition to the purchase of testing kits and lab commodities, consumables, and reagents, Mr. Gatchalian said the money could be used for the training of swab personnel, quality control, recalibration of equipment, and facility maintenance, among others. 

Part of the funds are allocated as “assistance” to the University of the Philippines National Institutes of Health and UP Philippine Genome Center. — Alyssa Nicole O. Tan 

Comelec denies petitions on election postponement, reopening of candidacy filing 

THE COMMISSION on Elections (Comelec) has dismissed a petition to postpone the May 2022 national and local polls, and another filing seeking to reopen the filing of candidacy, which ended on Oct. 8.

“Both of them resoundingly denied,” the poll body’s spokesperson, James B. Jimenez, said in a press briefing on Wednesday. 

He said the Comelec, in an en banc session, denied the National Coalition for Life and Democracy’s move to postpone the elections to 2025.

He also announced that the petition filed by a faction of the ruling PDP-Laban party to reopen the submission of Certificate of Candidacy (COC) was junked.

“The setting of the date of the filing of COCs is not, in anyway, arbitrary, that’s why we denied it,” Mr. Jimenez said in a mix of English and Filipino.

He noted that the petitioners did not take into consideration that there are other election preparation activities aside from ballot printing. 

“One of the main allegations is that the deadline is set by the Comelec itself, right?… One of the justifications forwarded by the commission in response to that allegation is that, obviously the allegation does not take into consideration all of the other preparatory activities that are being conducted by the Comelec.” 

He also underscored that this is not the first time the Comelec will be holding elections while there are disqualification and other cases pending. — Jaspearl Emerald G. Tan 

Privacy commission orders Comelec to send probe results, calls for meeting on reported breach

THE NATIONAL Privacy Commission (NPC) has directed the Philippine poll body to submit the results of their investigation into the alleged hacking and data breach incident on Jan. 21, before they appear in an online clarification meeting on the 25th.

In a statement on Wednesday, NPC said it also directed Manila Bulletin Publishing Corp. and its technology news editor, Art Samaniego, to attend the meeting. 

“The COMELEC (Commission on Elections) must address the serious allegations made in the Manila Bulletin news report and determine whether personal data were indeed compromised, particularly personal information, sensitive personal information, or data affecting the same, which were processed in connection with the upcoming 2022 national and local elections,” Privacy Commissioner John Henry D. Naga said.

The NPC’s Complaints and Investigation Division is conducting its own probe. 

“Rest assured that the NPC does not tolerate any act in violation of the Data Privacy Act including negligence in implementing organizational, physical, and technical security measures on personal data processing systems, whether in government or private institutions,” Mr. Naga said. 

Meanwhile, a congressman has filed a resolution urging the House of Representatives to investigate the matter.

Bayan Muna Rep. Isagani T. Zarate submitted House Resolution 2434 on Tuesday calling on the suffrage and electoral reforms committee to launch a probe. 

“This cannot just be dismissed outrightly by placing the onus of proving that it actually happened, or, did not happen at all, to the one reporting it.” Mr. Zarate said in a statement. 

“The credibility of the coming elections will be put into question if this issue is not swiftly, independently and efficiently probed and addressed.” — Jaspearl Emerald G. Tan 

Senator calls for waiver on online transaction fees

JCOMP-FREEPIK

A SENATOR on Wednesday urged the central bank and financial institutions to suspend fees on online transactions as the capital region grapples with mobility restrictions and shorter branch operations due to a surge in coronavirus cases.  

“With a number of banks shortening their operating hours, some banks even temporarily closing as some of their employees have also contracted the disease or manifested symptoms of COVID-19 (coronavirus disease 2019), it would be a wise move if the public resort to electronic banking to lessen face-to-face transactions,” Senator Sherwin T. Gatchalian said in a statement. 

“While most are currently burdened with expenses brought about by medicines, COVID-19 testing fees and hospitalization, a fee-less money transfer service and payment transaction can also be a temporary relief measure to the public,” he added. 

The senator suggested that companies offering e-wallet services do the same to lessen cash transactions and avoid queues at payment counters. 

Banks and payment system firms suspended fees in the initial months of the pandemic in 2020, with some extending the waiver to the end of that year.

“The return of our lifestyles to normal will be quicker if we help one another,” the senator said. — Alyssa Nicole O. Tan 

Supreme Court asked to stop Comelec decision barring new Bangsamoro villages from local vote   

BM DULIA D. SULTAN FB

A PETITION has been filed asking the country’s Highest Court to stop a Commission on Elections (Comelec) ruling that bars around 200,000 voters in 63 villages from voting for local positions in the May elections. 

The 63 barangays used to be part of Cotabato province but are now under the new Bangsamoro region after a majority voted yes during a referendum on the transfer in Feb. 2019.

These barangays, considered as “Special Geographic Areas” (SGAs), have yet to be designated their new local government unit as required under the Bangsamoro Organic Law.

Cotabato province formally turned over these SGAs, which are spread across six towns, to the Bangsamoro regional government on Nov. 20, 2019.

The disputed Comelec resolution allows voters in these areas to vote for national positions in the May poll, but not anymore for local positions in their previous town designations within Cotabato. 

The petition for certiorari and prohibition, which also asks for a temporary restraining order, was filed by a group led by Cotabato Provincial Board Member Dulia D. Sultan, who represents the league of barangays.

“The instant petition…. seeks for the declaration of nullity and unconstitutionality of Comelec Minute Resolution No. 21-0953,” reads part of the filing.

Cotabato Vice Governor Emmylou Taliño-Mendoza, head of the provincial board, has expressed support for the petition. 

“While we respect the Comelec decision, we are one with the call of our Moro brothers and sisters to… be allowed to vote for local positions in Cotabato,” she said in a statement.  

The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) government has also appealed to the Comelec to reconsider its ruling.

The Bangsamoro Transition Authority, which administers the BARMM, is responsible for redistricting the new areas. — Maya M. Padillo 

Djokovic isn’t the populist freedom fighter many believe

WWW.SANTABANTA.COM/WALLPAPERS

NOVAK DJOKOVIC may yet defend his Australian Open tennis title, but he’s not the freedom fighter many of his supporters believe.

As governments around the world struggle to guide their nations through a third year of the COVID-19 pandemic, tolerance for anti-vaxxers is waning. The uproar in Australia to news that a Melbourne court, over the objections of the federal government and immigration authorities, had cleared the Serbian to enter the country without being vaccinated is not the bleating of a backward land at the far end of the world. Instead, it’s a sign that he really is among a global minority that’s shrinking by the day as the high-speed spread of the Omicron variant energizes a new round of vaccinations.

Djokovic may have secured a win when the court quashed the cancellation of his visa. But it’s a Pyrrhic victory in the battle against science and the thousands of researchers developing and rolling out inoculations to protect global populations. The European Union has around 80% of its adults fully immunized. Australia, which may yet deport Djokovic if the government decides to push the case further, has 91% of people 12 years and over fully vaccinated.

Even in the US, where a misinformation campaign has deepened partisan divides over the response to COVID-19, more than 79% of the population aged five and older has had at least one dose.

From vaccine and mask mandates at Broadway shows in New York to school closures in Italy, life as we once knew it is in disarray. Leaders who’d hoped that vaccine rollouts would guide their countries back to normalcy are increasingly frustrated with the few who are not only opposed, but continuing to spread misinformation even as they are more likely to die from the disease.

Italian Prime Minister Mario Draghi is among the latest to show his annoyance. With 100,000 new cases and 700 hospitalizations on Monday, the nation is grappling with whether to reopen schools. While his government won a court battle against Italy’s Campania region that had fought to keep them shut, he made clear where he thinks the true trouble lies.

“Most of the problems we have today stem from the fact that there are people who are not vaccinated,” Draghi said. And that’s a distinct minority, with more than 90% of the adult population having had at least one dose by the end of December.

Policies that exist in various countries of excluding those who’ve chosen not to be vaccinated from places like restaurants and public buildings has been labeled vaccine apartheid, a decidedly off-key reference to South Africa’s policy in the mid-20th century of separating people by race. But the difference is stark — individuals have a choice of getting immunized or not. That wasn’t the case for victims of decades of legalized racist oppression.

As solid majorities in wealthier countries become vaccinated, some leaders have tired of persuading the holdouts and grown unapologetic about pressuring them. French President Emmanuel Macron said what many others are likely thinking, that he wants to “piss off” the unvaccinated until they get their shots. And he may not have far to go — 93% of adults in France have received at least one dose.

Much was made of the uproar against such language, and Macron’s vocalization of disdain for a minority that’s unlikely to vote for him anyway in presidential elections in April. Indeed, criticizing them might shore up his support within the vaccinated majority. But his logic, from a public policy perspective, can’t be faulted. “The idea of freedom brandished by some of our fellow citizens to say, ‘I’m free not to get vaccinated.’ That stops where you impinge on others’ liberty, where you put others’ lives in danger,” he later said.

All that anyone wants at this point is the freedom to return to something resembling life pre-COVID. The people preventing that from happening are not the vaccine advocates — a group that by now includes even Donald Trump — but those, like Djokovic, who put their own idiosyncratic views before the welfare of those who are less young, healthy, and powerful. He’s said he opposes vaccines, but later clarified that he’s open-minded about them while refusing to get inoculated against COVID-19. The 34-year-old has previously stated that positive thoughts could cleanse polluted water, among other claims.

At this moment, roughly one in 44 Australians is infected with COVID-19, one of the highest rates in the world. The fact that the country is now able to ride this out without stringent lockdowns or a devastating wave of deaths is a tribute to the vast majority who have taken their shots to support the health of their fellows and neighbors. This is what a return to normality looks like — and, given the ingenuity of SARS-CoV-2 in generating new variants, it will require continued vigilance around booster shots and modest distancing measures for some time to come.

By chipping away at the public health measures that Australia has used to give itself this outcome, Djokovic has given succor to those who would flout vaccine rules and leave the world less capable of coping with the next variant, and the next pandemic. Liberty for a world No. 1 tennis player that leaves the less fortunate captive to the risks of a fatal infection is no true freedom.

BLOOMBERG OPINION

Special justice?

SAM HOJATI-UNSPLASH

Over the weekend in Melbourne, Australia, the world’s most dominant tennis player, Serbian player Novak Djokovic, won his appeal to overturn the Australian government’s cancellation of his visa. With this victory, Djokovic can compete in the Australian Open which starts on Jan. 17, and aim for a record-breaking 21st tennis grand slam title. Reports say that “at the heart of the decision was a procedural error of the Australian Border Force and they conceded he was not given enough time to consult legal professionals.”

Others say that the ego of some people at the border may have been bruised when Djokovic loudly proclaimed and bragged on social media before leaving for Melbourne that he had obtained a medical exemption. Djokovic is unvaccinated and had tested positive for COVID on Dec. 16 last year. Despite that finding, he was captured on video in Serbia attending — unmasked — a children’s function and press conference arranged by his family. It was a classic example of flaunting the rules and getting a medical exemption.

Border Force officials probably felt, according to scuttlebutt, that “here’s another one of those super stars who feels entitled to special treatment.” Records show that over 93% of Australian adults are fully vaccinated. One can therefore understand if there is a backlash against Djokovic, who entered the country unvaccinated.

While Djokovic has been allowed to compete and is in fact practicing, his eventual participation in the Open is still uncertain as the immigration minister says there’s a possibility that the government can still cancel Djokovic’s visa. And it could eventually lead to that, given the government’s desire to send tough signals on travel to Australia and the mood of the public which does not hesitate to demonize him. A CNN report added that everyone fell silent when Djokovic entered the gym, as if everyone was wondering what he was doing there but knowing, too, that Djokovic was an exception.

It is to be noted that Australia has had, to date, more than a million COVID cases. The elderly have called Djokovic a selfish person. The implication seems to be that, like most mega stars or those who think they have achieved that status and belong to that exclusive club, they deserve to be exempted because they are special. What’s strange however is the silence of Tennis Australia, the federation governing the sport of tennis in Australia.

The Aussies are probably asking why an exemption is being given and, eventually, a visa, to Djokovic who was publicly seen in the company of children in Serbia after having tested positive. And all these events, which strangely did not appear to be factored into the decision to give or deny Djokovic a medical exemption, are now front and center. These events are probably entering the calculations of government officials who are most likely coming up with an airtight case and ultimately cancel Djokovic’s visa and risk criticism for its handling of the issue. The controversy has caused some international embarrassment for Australia because of the personalities involved. Already, another world-renowned player and Djokovic’s rival for the record-breaking 21st Grand Slam title, Spain’s Rafael Nadal, has weighed in. He has declared the whole matter a “circus,” perhaps unfairly to Djokovic since the Serbian thought that he had complied with all the requirements and there were no more issues. But then the Border Force had other ideas. Nadal has however said that “justice has spoken” and that Djokovic should be allowed to play and good luck to him. The Spaniard however added that all “these could have been avoided if Djokovic had been vaccinated.”

Another prospective Australian Open competitor, Czech female tennis player Renata Voracova, left Melbourne after her visa was cancelled and did not contest the cancellation. In an interview with CNN, Voracova said she “did not know what was going on.” The incident further highlights the need for closer coordination among federal and state authorities, tournament organizers, and the tennis federation.

In a sense Djokovic has become an integral part of what is now called “pandemic politics.” Prime Ministers of both Australia and Serbia have to discuss how to move forward with respect to the top-rated player walking onto center court.

The Association of Tennis Players (ATP) had urged its members to get their vaccines, 97% of whom have done so. The ATP says that vaccination is a requirement in international tournaments and for international travel. It added that the whole chain of events is “damaging all around.” The ATP obviously is referring to the effect on the physical preparations and mental strength of Djokovic. It is understandable that ATP would issue such a statement, even if there is general awareness that the Serbian is used to adversity throughout his life.

The talk around the circuit, and among people who have known Djokovic for some time, say that the Serbian is aware these types of controversies form part of a superstar’s life and he does enjoy every minute of being a superstar. Some fanatics add that he was born for superstardom.

Like all superstars, he will be subject to higher standards, fairly or unfairly. And at this time with all countries especially sensitive to enforcement of vaccination rules and procedures, there is a great tendency among governments to apply rules and laws coldly and evenly. Cultures tend to rebel against blatant displays of special treatment, particularly involving visiting celebrities or big shots.

I would not be surprised if Australian Immigration chose to make an example of Djokovic and deport him to send some kind of message to anti-vaxxers, and against the whole idea of preferential treatment or justice for certain groups of people or celebrities.

 

Philip Ella Juico’s areas of interest include the protection and promotion of democracy, free markets, sustainable development, social responsibility and sports as a tool for social development. He obtained his doctorate in business at De La Salle University. Dr. Juico served as secretary of Agrarian Reform during the Corazon C. Aquino administration.

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