IN the press conference on September 3, Education Minister Mohd Radzi Md Jidin said schools will resume physical classroom teaching and learning in stages beginning October 3 in phase 2 and phase 3 states.

He also disclosed that there still were around 2,500 teachers who had not been vaccinated, while 85.26% teachers had completed both vaccinations and another 11.44% teachers had been partially vaccinated.

According to Radzi, to ensure school is a safe setting, the Education Ministry (MOE) had decided that unvaccinated teachers would not be allowed to interact with students face-to-face when school reopens.

Also, he disclosed that MOE was having discussions with the Public Service Department (JPA) on action to be taken against teachers who are unwilling to be vaccinated.

In a separate event, Health Minister Khairy Jamaluddin also said that despite the current vaccine roll-out programme still being on a voluntary basis, he will discuss with Radzi on the legal implications of whether the government can create a “sectorial mandate” vaccination programme for the teaching profession.

In general, the vast majority of social media users and some civil society groups welcome the idea of mandatory vaccination for teachers.

On the issue of mandatory vaccination, we should debate from a wider angle and decisions made should not solely be determined by the number of new cases. Let’s start the discussion by referring to the policy published by the World Health Organization (WHO), which provides ethical guidance for countries and authorities who may be considering making Covid-19 vaccination mandatory.

The paper implicitly emphasises six factors to be considered, which are: 1. Necessity and proportionality; 2. Sufficient evidence of vaccine safety; 3. Sufficient evidence of vaccine efficacy and effectiveness; 4. Sufficient supply; 5. Public trust, and 6. Ethical process on decision making.

While worldwide data are showing that vaccines are effectively reducing the risk of severe symptoms and deaths, it does not completely shield us from virus infection and transmission.

Reduced effectiveness is more or less owed to the tricky Delta variant. Malaysia’s recent data show the partially and/or fully vaccinated person making up a substantial proportion of daily new positive cases. Therefore, it indicates that the much-touted goal of herd immunity via vaccination looks impossible to achieve.

Evidence shows that the fully vaccinated person is still able to transmit the virus to others when they get infected, therefore MOE’s proposal of mandatory vaccination for teachers to eliminate transmission risk in schools stands on very shaky foundation, if taking look at the WHO’s proposed ethical considerations (1) and (3).

In general, Covid-19 vaccines are safe with low risk of severe side effects. However, a considerable number of fatalities – caused directly or indirectly by vaccination – has been reported worldwide, and there have been suspected cases reported in Malaysia.

If a teacher who is vaccinated against their will dies after receiving a jab under the “sectorial mandate”, who will be accountable?

Given the decades of information opacity track record in the Malaysian government, will the public know the truth when such incidents take place?

I am referring to the WHO’s considerations (2) and (5) here, and hence forecast the possible unnecessary public trust catastrophe awaiting ahead if MOE implemented the idea.

Unlike temperate countries, most public-funded schools in Malaysia have non-air-conditioned classrooms, except for some minted institutions and those in the private schools, and therefore the air-circulation issues are milder concerns in the classroom.

On top of that, Malaysia’s schooling system is only half-day classes, which reduces the risk of transmission and outbreak in school to a minimum level compared to overseas education institutions.

Unlike in healthcare, particularly hospitals, which are air-conditioned confined spaces, schools are not that high risk. Again, the necessity is very arguable here for mandatory vaccination.

More importantly, the WHO ethical guidance has stated that even under a mandatory vaccination programme, which is ethically justified, i.e. mandatory vaccination for any employment in a healthcare setting, this certainly doesn’t mean the authority can impose compulsory vaccination and penalise those not committed.

Governments and institutional policymakers should use facts and arguments to encourage voluntary vaccination against Covid-19 before contemplating mandatory vaccination.

Several ethical considerations and caveats must be explicitly discussed and addressed through ethical analysis when considering whether mandatory Covid-19 vaccination is an ethically justifiable policy option before implementation (6).

More importantly, will the MOE, Health Ministry and Public Service Department consult the AG’s Chambers for the legitimacy of rolling out such a policy? If yes, will all mechanisms and justification processes meet the conditions?

Living under extraordinary circumstances does not confer any individual, organisation or authority absolute power to bypass proper procedures, violate the rule of law and invade civil liberties.

The sectorial mandate vaccination programme is not valid and applicable for teachers, and many other sectors.

Given that the Covid-19 is going to be endemic in many places, we should tap into this chance to improve our institution and public engagement via discussion and communication, rather than imposing authoritarian measures. The price of mandatory vaccination is too hefty. – September 6, 2021.

* Chong Kok Boon is a member of Agora Society. He is a self-declared Peter Pan who advocates science in forging a more democratic and humane society.