KUALA LUMPUR: As the government prepares to enforce further measures to prevent the spread of Covid-19, Amnesty International Malaysia has called upon on the authorities to place human rights at the heart of its prevention, preparedness, containment and treatment efforts.
“Human rights save human lives. Rights should be protected without discrimination in the Covid-19 response and should not be sidelined during the imposition of emergency measures,” said Preethi Bhardwaj, Interim Executive Director of Amnesty International Malaysia.
She said measures taken should be temporary, necessary, proportionate and non-discriminatory, and not result in arbitrary restrictions.
Malaysia currently records the highest number of Covid-19 cases in Southeast Asia.
“There must be sufficient measures to protect the health of groups and people who are most at risk,” said Bhardwaj in a statement today.
She said the treatment for Covid-19 must be administered to all persons without discrimination, scientifically and medically appropriate, and of good quality.
Bhardwaj said that certain groups of people are especially vulnerable to the virus or may not be able to adequately take preventive measures on their own. These include the elderly, those with disabilities, those with pre-existing medical conditions, and those living in poverty.
Authorities should deploy measures to protect them regardless of identity or immigration status – including those in detention, irregular migrants and the country’s thousands of stateless peoples, she added.
“The government has to ensure that each and every single group is accounted for and afforded adequate healthcare to minimise the threat of the virus,” said Bhardwaj.
She said powers under the nationwide Movement Control Order (MCO) and to address the spread of misinformation when it comes to Covid-19 should be necessary and proportionate.
“The powers afforded to law enforcement should be checked so that the military and police force protect, and do not abuse human rights,” she said.
Bhardwaj said sufficient steps need to be taken to make sure the public is aware of the reasons for restrictions and are sufficiently supported to do so.
“The penalty of imprisonment for breaching quarantine is disproportionate and should be revised.”
She adds that since the MCO took force, there have been statements made by government officials telling Malaysians not to question the powers of the police and military enforcing the order, and authorising them to use “whatever means required,” including force, to ensure the public complies.
On March 20, Senior Minister Datuk Seri Ismail Sabri Yaakob warned Malaysians not to question the powers of the police and military.
The Defence Ministry also did the same, in posts on its official Twitter account.
Those who breach quarantine can face fines of up to RM 1,000 or up to six months in jail.
Given the elevated risks of transmission of Covid-19 in places of detention, using prison sentences to enforce quarantine restrictions in the name of safeguarding public health is counterproductive and therefore disproportionate.
Bhardwaj also called for criminal investigations and charges against individuals who spread “fake news” about Covid-19, brought under the Communications and Multimedia Act and Penal Code, to be dropped.
So far, at least 11 people have been charged for spreading “fake news” about Covid-19 under Section 233 of the Communications and Multimedia Act (CMA) and Section 505 of the Penal Code.
Those found guilty face a maximum fine of RM50,000 or imprisonment of up to one year or both under the CMA, or a maximum of two years of imprisonment or a fine or both under the Penal Code.
She adds that these laws have overly broad provisions, opening the possibility of arbitrary use by the government.
“Amnesty International Malaysia has long called for the abolition of draconian provisions that restrict free speech. Criminally charging disseminators of misinformation on Coronavirus using these provisions is a clear violation of freedom of expression, and we urge the government to drop these charges.
“The government must not abandon basic rights in these trying times. It should use human rights to guide their course of action – this is how we will get through this together ,” said Bhardwaj.
On March 16, Prime Minister Tan Sri Muhyiddin Yassin announced the MCO implementation between March 18 and March 31.
The order saw Malaysians being told to stay at home; social and religious gatherings were prohibited; and educational institutions as well as businesses were shut down except for essential services.
On March 25, the MCO was extended by another two weeks until April 14. The government announced that the second phase of the MCO will begin tomorrow with stricter rules being enforced by the authorities.