This comes after the Sarawak government announced last Monday that only individuals who have been fully vaccinated against Covid-19 are allowed to work or enter any business premises in the state, with exceptions being given to those with one dose of the vaccine until the end of August.
I see that this is a discrimination under the law and against human rights if the Sarawak government only allows only fully vaccinated individuals who are fully vaccinated against Covid-19 are allowed to work or enter business premises in the state. I don't think the government could not be brought to court because the law should not restrict people's liberty and movement anyhow.
I am seriously studying the legal implications of the government's policies concerning controlling of citizens' movement in the state after spending time brainstorming and sharing notes with some lawyers, medical experts and activists nationwide in a Zoom meeting recently.
I think the law cannot simply allow the government to impose any rule to say only those who have been fully vaccinated are allowed to work. I see this as unconstitutional because to impose such rule affects rights to livelihood and the right to life under Article 5 federal constitution.
It could be unconstitutional under Article 8 of the federal constitution too because on issue of equality before the law. Such an imposition creates two classes of society, with one class classified as "vaccinated" and the other class "not vaccinated". The vaccinated class has more rights that the unvacinanted class.
This is apartheid policy because it segregates the population. Such action is against human rights because citizens are supposed to move and mixed around freely with each other and all should be treated as in the same class and are equal to each other.
To require people to be vaccinated before being allowed to work or to enter certain premises should be viewed as coercion by the government and this could nullify the consent form signed by the vaccine takers.
It could also be nullified if the consent was not an informed consent and I doubt this was done in most, if not all cases in Sarawak. For "informed consent", there are certain procedures that medical staff need to follow in accordance with medical practices in the world. Merely by satisfying the vaccine takers in answering a few questions, perhaps, may not be able to satisfy this.
Many who were vaccinated suffered side effects or even deaths. There are cases that fully vaccinated individuals are carriers of the virus.
Voon Lee Shan
Parti Bumi Kenyalang
26 August 2021