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Directive constitutes serious breach of human rights and violates provision in Federal Constitution, says Muslim consumer group

PETALING JAYA: A circular issued on July 12 by the office of the Education Ministry secretary-general warned all ministry employees that disciplinary action would be taken against them if they failed to obtain complete Covid-19 vaccinations.

It said the warning was issued in light of Service Circular No. 4/2021, Covid-19 Immunisation Implementation Policy for Federal Public Service Officers.

“To ensure smooth administration of the policy, relevant officers must submit all proof of disciplinary action (that has been taken) to the state education department or ministry before July 31.”

The circular warned department heads that action would be taken against them as per Regulation 3C (1) and (2), Public Officers (Conduct and Discipline) Regulations 1993 if they failed to submit their reports to disciplinary authorities.

The warning has been issued despite global controversy about the need for Covid-19 vaccinations and a class action suit initiated on May 23 by the Malaysian Muslim Consumers Association (MMCA) against the government on behalf of eight individuals.

In the suit, the plaintiffs claim they or their next of kin suffered health damage or died after being forced to take the vaccine with unproven safety and efficacy records and some faced discrimination at work for being unvaccinated.

After the circular came to light, a teacher complained on the “Kami Guru Malaysia” Facebook page that her school took disciplinary action against her for not taking the Covid-19 booster shot.

MMCA urged those affected by vaccination related issues to submit official complaints so that appropriate action can be taken.

Its chief activist Datuk Nadzim Johan said: “Disciplinary action taken against ministry staff for declining to take the Covid-19 vaccination constitutes a violation of Article 2 of the Federal Constitution, which is a serious breach of human rights.”

However, National Union of the Teaching Profession secretary-general Fouzi Singon said the disciplinary action against the teacher for not taking the Covid-19 booster dose is justified.

“The action is in line with service regulations that public servants must follow. Public service officers, including teachers, who refuse to take the booster dose should face disciplinary action.”

Congress of the Union of Teachers in the Public Service secretary-general Mohd Azizee Hasan said teachers facing disciplinary action can discuss the matter with their school heads.

“If they cannot get the booster dose, they need to provide evidence to the school.”

Nadzim said it is important for the public, including civil servants, to understand they have rights and should not be afraid to claim them.

“Teachers are not slaves and it is important to address their concerns. MMCA will fight against whoever takes advantage of their rights.

“It is important to explore alternative paths when necessary. Lodge a report with the relevant ministry and if nothing is done, reach out to Prime Minister Datuk Seri Anwar Ibrahim as he is open to receiving public complaints.”

In 2021, the government approved financial assistance for local and foreign nationals who experienced adverse effects after taking the Covid-19 vaccine.

On July 11, Health Minister Datuk Seri Dr Dzulkefly Ahmad said over nine million doses of Covid-19 vaccines procured during the pandemic had expired as of June, resulting in a RM185 million loss for the government.