Council of trade unions challenges legality of ‘No jab, no job’ policy from covid-19 used by Attorney General to block new appointment for SICAC’s director general position

BY JOHN HOUANIHAU
The trades union council has called on the national government to act and clarify whether the ‘No jab, no job’ covid-19 policy is still being implemented.
Tony Kagovai, president of the Solomon Islands Council of Trade Unions (SICTU), in a statement yesterday [Jan 26] questioned the continued validity, legality and moral justification of the government’s “No Jab, No Job” policy and called for government’s urgent action.
The SICTU statement comes in light of the Attorney General’s rejection of Solomon Kalu for the Director General position at the Solomon Islands Independent Commission Against Corruption (SIICAC).
Mr Kalu, a former chairman of the Leadership Code Commission, a lawyer, and the current Team Leader for Governance at the United Nations Development Programme country office, was recommended for the role by an independent interview panel.
SIICAC has remained without a substantive Director General since the expiry of John Kouni’s contract in April last year.
Despite the panel’s recommendation, Attorney General John Muria Junior advised the Judicial and Legal Service Commission (JLSC) to reject Mr Kalu’s appointment, citing his alleged non-compliance with the former government’s “No Jab, No Job” COVID-19 policy.
Kalu was one of three candidates interviewed for the position, alongside former Director General John Kouni and former Law Reform Commission Chairman Frank Paulsen.
Mr Kagovai, in the SICTU statement, said the policy, enacted during the height of the global health crisis, is now an outdated policy that continues to unfairly victimise hardworking citizens across our nation.
He said the disciplinary employment conditions attached to vaccine mandates are no longer defensible, as the public health landscape has evolved significantly.
He said that the policy’s enforcement constitutes a severe violation of workers’ rights, including the right to fair treatment, the right to work, and the right to freedom from discrimination, causing immense personal and financial hardship for many Solomon Islanders and their families, who were unjustly separated from their livelihoods in both the public service and the private sector.
President Kagovai calls on the Government to immediately invalidate and officially rescind the outdated “No Jab, No Job” policy across all sectors, and for the Recall and Reinstatement of all workers in the public service and private sector who were unfairly targeted, suspended, or terminated as a result of this policy.
These citizens must be restored to their positions with their full rights, benefits, and seniority recognised according to Kagovai.
He calls on the government and all Employers across Solomon Islands to immediately cease using this policy as grounds for any employment decision.
He said continued enforcement against workers is unacceptable and will be viewed as an act of bad faith and victimisation.
He said that SICTU stand in solidarity with any worker further targeted by this defunct policy.
He further said that SICTU is actively studying the legal foundations of this policy at the time of its enactment and its current validity under the nation’s laws and constitutional protections.
He said that the SICTU preliminary assessment raises serious legal questions regarding its proportionality and its infringement on fundamental rights.
He said SICTU will consider options, including seeking legal redress through the courts to challenge the policy’s legality and to secure justice for the victims if the government fails to act promptly and justly to rectify this injustice.
“Our nation must move forward with unity and compassion, not with policies that divide and punish. We urge the Government to do the right thing, restore dignity to our people, and repeal this unjust policy without delay,” he said.
The Solomon Star newspaper broke the news on Monday this week.
Kalu confirmed receiving the ‘written decision of the JLSC’ but declined to comment further, the SolStar report said.