Goverment Does Not Respect National Constitution
To the editor of the newspaper Salam Maulidur Rasul 1443 Bismillahirahmannirahim Vaccine-Premature Covid-19: Why the Government does not respect the National Constitution.
1. Clearly the government does not mandate immunization of Covid-19 Premature Vaccine.
2. The consent form for immunization also explains that the intake of Premature Vaccine is voluntary. In fact, there is no guarantee to the recipients that they cannot be re-infected with Covid-19 or ‘new variants/mutations due to Covid-19 Pandemic.
3. It is clear whether a person is taking the Premature Vaccine or not, the potential for infection or transmission of Covid-19/new variant/mutation can still occur.
4. The Speaker of Parliament states that there is nothing in the National Constitution that requires Members of Parliament to be vaccinated before coming to Parliament.
[https://www.thestar.com.my/news/nation/2021/07/22/unvaccinated-mps-willnot-be-barred-from-parliament]
5. The National Constitution is the main law of the national federation. (Article 4) All existing laws are subject to the main law of the country which is the National Constitution.
6. The National Constitution clearly ensures that all Malaysians, including members of parliament who do not want to be vaccinated, cannot have their lives taken away or deprived of their liberty, (Article 5) let alone to be forced to be vaccinated.
7. All Malaysians are equal before the law (Article 8) either the People and MPs who do not want to be vaccinated with the People and MPs who have agreed to and have been vaccinated. This includes as well
to the People who are vaccinated or who are not vaccinated to be free move, assemble and associate. (Articles 9 & 10)
8. Hence any form of discrimination against the People and the Member of Parliament
not wanting to be vaccinated is contrary and contradictory to the provisions
National Constitution.
9. In short, policies and regulations discriminate against the People and Members of Parliament who do not want to be vaccinated for difficult and free to move, assemble, no can enter the mosque/surau (for Muslims), can not eat in restaurants
or shopping at some shops/supermarkets set up by the Minister Health, MOH and NSC have challenged and violated the Constitution
Country.
10. All these forms of discrimination are also unreasonable and disproportionate.
11. In fact, many people ask only MPs who are not vaccinated protected by the National Constitution? Why the People who do not want in vaccines are not covered by the National Constitution? Why the policy is relevant Voluntary National Covid -19 Immunization Program [PICK] and as an option in view and found to have many elements of coercion,undue influence, no frank and full disclosure, and full
with the suppression of facts and in violation of the National Constitution
but international laws such as the “Nuremberg Code” and “International Ethical Guidelinesfor Health-related Research involving Humans ”provided by the Council for International Organizations of
Medical Sciences for the World Health Organization [WHO].
12. The Prevention and Control of Infectious Diseases Act 1988 (Act 342)
give the government the option to make recommendations/instructions/advice to the people in curbing the Covid-19 Pandemic with treatment or even immunizations. Act 342 gives the option of not just using vaccines in preventing and treating those found to be suffering from the disease
Covid-19. There are many early treatments that can prevent Covid-19 such as
the use of invermectin and natural/traditional treatments. Clearly the Minister Health and MOH in particular have failed in implementing the program
PICK includes the implementation of initial treatment for those in quarantine
and is suspected of having Covid-19.
13. The Occupational Safety and Health Act 1994 (Act 514) is clearly not allowing an employer to fire an employee, injuring him in his job or change his position so as to harm him simply by reason of the employee making a complaint about the matter
which he considers unsafe or a risk to health and The Minister also cannot make any medical treatment of a nature prevention such as forcing to be vaccinated.
14. Therefore, the directive to make it compulsory for civil servants to be vaccinated is violates the National Constitution and Act 342.Even any chief
federal and state government departments blocking entry any of its employees who do not want to be vaccinated from doing work-
his work is in violation of section 186 of the Penal Code.
15. It is also clear that coercion to be vaccinated and discrimination against
People who do not want the vaccine made by the Minister of Health primarily a criminal threat under sections 503 and 506 Penal Code, has intent to insult in order to create provocation to provoke a breach of peace under section 504 of the Code
Punishment and causing fear/anxiety and inciting for causing the crime of public treason under section 505 of the Code
Penalty.
16.PRN in Melaka on 20 November 2021 gives more space for the people to move freely and vote subject to the SOP. This is not a problem. The question here is whether the election campaign gives equal rights to the people and voters whether vaccinated or not in the vaccine can campaign and vote, move freely, eat in restaurants, enter the mosque/surau during the election period?
17. It is also a crime if there is coercion in the use of nasal swab test that has been sterilized with Ethylene Oxide on people who do not want to be tested because this is an intrusion on oneself, including using instruments/tools to be pricked and can violate sekayen 323, 325, 326 and 327 of the Penal Code.
18. Finally, Parti Rakyat Malaysia calls on all the people, whether vaccinated or not, to stand up and realize that we all reject the threats and discrimination made by the Government and the Minister of Health, especially in the issue of test vaccines or premature vaccines for violating the National Constitution.
Ahmad Jufliz bin Dato Faiza Vice President of Parti Rakyat Malaysia 19.10.2021 4.15 pm
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