MHRC protests mandatory Covid-19 vaccination
Malawi Human Rights Commission (MHRC) has faulted government over its intention to introduce mandatory vaccination for Covid-19 among its frontline workers from January next year.
MHRC, which has become the latest institution to slam the decision, said the move interferes with the human rights of bodily integrity.
Others who have voiced their concerns are Malawi Law Society (MLS), Centre for Democracy and Economic Development Initiatives (Cdedi) and civil rights activists, who feel government is overstepping its bounds by making the vaccines mandatory.
The concerns follow Minister of Health Khumbize Kandodo Chiponda’s announcement on December 8 that government will roll out mandatory Covid-19 vaccination for frontline workers as well as those working in the social sector, including journalists.
Some institutions have also attached end of year bonuses and gifts to vaccination while Parliament has communicated that all legislators, staff and stakeholders that are not vaccinated will not be granted access to its precincts from January 2022.
In a statement issued on Tuesday, MHRC chairperson Scader Louis said compulsory vaccination is an interference with the human rights.
She argued that a fundamental principle within international human rights law is that vaccinations, like any other medical interventions, must be based on the recipient’s free and informed consent.
Louis said: “Compulsory vaccination is an interference with the human right of bodily integrity, which is a part of the right to private life enshrined in the Universal Declaration of Human Rights.
“In this regard, the commission is not in support of mandatory Covid-19 vaccination as it violates fundamental human rights.”
Cdedi executive director Sylvester Namiwa also said in a statement Tuesday that Malawians have a right to freely choose life and go for the vaccine, while others can also choose life by deciding not to take the jab.
Earlier this month, MLS president Patrick Mpaka said if refusal to get vaccines is based on a belief, then it goes beyond privacy rights but premises on freedom of conscience and belief protected in Section 33 and entrenched in Section 45 of the Constitution.
He said where the rejection to vaccination is based on belief or conscience, Section 45 of the Constitution makes that right not limitable.
In an interview yesterday, Ministry of Health spokesperson Adrian Chikumbe said they welcome the discussion on the matter, and the ministry is closely monitoring all recommendations.
He said: “The discussions are healthy, we welcome all views from all concerned parties. We encourage this kind of discussion to go on. This is why we did not want to have the recommendation gazetted immediately.”
Chikumbe said there is no timeframe yet for the roll out of mandatory vaccination programme.
He said: “The Presidential Task Force on Covid-19 is monitoring whatever is being said, and other legal experts that we consulted through the Attorney General are also monitoring the discussion.
“But we also have to bear in mind that rights are there, but within the same legal framework the Public Health Act advises accordingly on such issues.”
The Public Health Act chapter 34.01 stipulates that the Minister of Health may by notice published in the Gazette declare any area to be a compulsory vaccination area and shall in such notice specify a period within which the vaccination of all unprotected persons dwelling in such area shall take place.
