The Asia Legal Information Network
The Asia Legal Information Network
The Asia Legal Information Network
institutes, and government agencies in Asia committed to enhance the legal culture, and
legislative environment in the region by sharing legal information, experience and expertise.
It is an event that aims to provide a collaborative platform for exchange of legal information
among Asian countries, building institutional capacity to foster better law in Asia.
The following are the summary of the 17th ALIN international conference held last September
15, 2021 that discusses about the Legal Measures for Tackling Pandemic in Asia: Lessons
learned and the way forward in every country in Asia.
1. Cambodia
Dr. Phalthy Hap shared that in 1991 they are affected with the arrival of AIDS/HIV
virus, and so they created an organization which is the National AIDS Authority in
1999 in order to disseminate the information about the disease not just to the people
who are infected already but also to those people who doesn’t have an idea what
AIDS/HIV is. And in order to prevent and protect the people from the outbreak of the
disease. In 2020 they have created their first law on prevention and control of
AIDS/HIV which makes education part of the delivery of health services through
health care workers and personnel and to provide education and information
dissemination on AIDS/HIV and additional training. The experience that they have
with AIDS/HIV is no difference with the Covid-19. They implemented rules to
prevent Covid-19 outbreak including the closure of establishment to protect the
people. The way forward that Dr. Phalthy shared during the conference includes a
wider variety of work opportunities that should b carefully taken into consideration.
Loans and policy with low interest rate to the affected people should be highly
encouraged by the government and the tourists’ sites should be well prepared during
the pandemic for sustainably attracting tourists after the pandemic.
2. Indonesia
The presenter which is Professor Andy Oman emphasizes 4 important laws which is
the law of emergency, law on contagious diseases, law on disaster management and
law on health quarantine on preventing disease, which have been the bases in
responding the Covid-19 pandemic. He also emphasizes the challenges they have
experience in responding the pandemic which he states that it is the weakness of their
government like, the government officials do not rely on the science as when issue
policy. The government is not firmed in fighting against the pandemic. The lack of
coordination in issuing polices in early stage of crisis and the lack of consistent
enforcement in implementing the PSBB. Moreover, he shared the initiatives done by
the government in overcoming Covid-19, which have been a great instrument for
them to prevent the spread of the disease, such as to establish laws and regulations,
issued policies. Improving the coordination and respecting human rights. Covid-19 is
not over yet but they are doing their best to at least protect the Indonesian people.
3. Malaysia
Mr. Pardis Moslemzadeh Tehrani a senior lecturer at the University Malaya Faculty
of Law discussed the Malaysian government policies and the existing legal
frameworks that have been formulated for curbing the covid-19 pandemic. It also
includes the foundational and background explanation on Malaysia’s legal system.
The legal framework for tackling pre-and post-covid-19 pandemics. It identifies the
legal issues in utilizing technology in responding to Covid-19. The digital contact
tracing applications are discussed in her presentation and also the legal and the
technical issues involved in the use of contact tracing application Malaysia and the
purpose and functionality of the applications to assess is they adequately protect the
liberty and privacy of individuals in Malaysia.
4. Philippines
The President of the Philippines, President Rodrigo Roa Duterte declared the entire
country in state of calamity and expanding the coverage of lockdown. Just like the
other country the government of the Philippines implemented a law to prevent the
spread of the Covid-19 disease. Laws, like social distancing, lockdown policies,
contact tracing protocols and leadership. The Philippine health system is not prepared
for the massive attack of Covid-19. It leads to a prolonged response. However, the
government takes initiative of on how the country should handle and overcome the
problem. The numbers of those who are medicated or recovered from the virus are
increasing over a period of time. The Philippines started to distribute vaccines to the
different regions of the country and hoping that one of this day’s life will be back to
normal. As the statement of Professor Annabelle B. Canazare-Mindalano, as we move
forward from lockdowns to sustain efforts in increasing capacity in the different
components of the pandemic response and effectivity communicate to the public
about the importance of public health intervention.
5. Thailand
Mr. Dawat Satayanurug the representative of Thailand emphasizes that they have
encountered lots of diseases before Covid-19 was born. Like Sars and etc. he also
emphasizes the decreasing financial assistance of Thailand and it includes the
establishment of the mutual fund, financial assistance and rehabilitation and the
reduction of interest rate, they also implemented a new law which is for the online
meeting for new normal operation. Lastly, the reducing spread which they have
created a regulating entry of the Civil Aviation Authority of Thailand and the
National Vaccine Security. Measures implemented via ESD are: Prohibition of entry
into risk prone areas. Closure of risk prone areas. Prohibition of the hoarding of
goods. Prohibition of assembly of persons. Presentation of news. Measures to
maintain public order and the Disease prevention measures. Their ways of moving
forward are being abbreviated with COVID-19 which is the:
Coverage
Organization
Vaccines International Cooperation
Duty to protect
1 goal
9 core human rights conventions which stands
6. Vietnam
Vietnam Is one of the countries who had a small number of cases compared to the
other countries of Asia like Philippines, Thailand, Japan, Indonesia and etc. They
have implemented a law to prevent and control the spread of Covid-19. The highlights
in over all policies on prevention and control of Covid-19 in Vietnam are to determine
the force participating system, especially the people. Vietnam’s policies and direction
always show initiative, even taking place earlier than the recommendations of the
WHO, responding quickly and promptly to the developments of the pandemic. They
also develop policies to support affected workers and businesses. Ms. Nga Thuy Thi
Pham shares a lesson whish is also the same with the other countries.
7. Bangladesh
The curbing spread of online misinformation has been alarming to the country of
Bangladesh. In many cases the lack of implementation and enforcement of the legal
instruments and lack of coordination during post Covid-19 has been the greatest
challenge they have encountered. They also face corruption during post-covid-19
which is not new to them and to other countries. For them to be able to move forward
and prevent the spread of the disease, the hospitals, both public and private needs
have been regularly monitored to make responsible for any kind of negligence.
Frontliners are well equipped with the updated and efficient medical supplies such as
oxygen, medications and personal protection gears. They also ensure proper
implementation of the laws and policies by following WHO guidelines through
coordination among the responsible bodies.
8. India
Indian history already had the epidemic disease act of 1897 that tackles about the
Bombay Plague Epidemic in 1986 in India. The government of India prescribed
regulations that are to be observed by public to contain the spread of the disease. They
also have a series of tough measures like prevented the crowds from gathering during
heath emergencies. The law has prescribed penalty for violating the regulations such
as during the lockdowns those people who are not allowed to go out but insistently
violet the rule or law will be fined for them to be able to learn that obeying the rules
and regulations can save not just their selves but also to those people around them
specially their loved once. I think all of the country has the same realization about the
lessons in dealing and in surviving the Covid-19 pandemic
9. Nepal
Fundamental right related to health includes the right to free basic health services,
emergency health services and equal access to health services and to have an
assurance to have information about medical treatment. They have Infectious Disease
Control Act of 1963 that is designed to grant sweeping authority to the government
for the purpose of limiting spread of the infectious disease, and the government of
Nepal widely used this authority to issue lockdown orders to contain the spread of the
virus.
10. China
The Covid-19 pandemic revealed that those existing laws in China fall short and were
insufficient to address the problems that arises from the pandemic. In response to the
shortfalls in health law revealed during Covid-19 pandemic. The law on prevention
and treatment of infectious diseases employ’s a vertically organized system of
reporting and coordination and on the other hand emergency response law employ’s
horizontally organized emergency response system where in the health care workers
needs to report to the higher-level institutions. Mr. Alexander Svetlicinii shows how
they assess the law/ system/ policies in response to Covid-19 pandemic. The problem
is in legal and institutional fragmentation of the public health and emergency response
systems. Their initial response is the intervention of the central government and
political authorities, and for the further improvement the existing regulatory
framework in line with the experience shortfalls and best practices.
11. Japan
Hyun- Jin Son discussed the infectious disease- related laws and issues in Japan. This
is in according to the policy and legal system related to the infectious disease control
like the management of the patients and prevention of infectious diseases while in the
process of curbing tuberculosis since World War 2, and coping at the level of social
welfare systems such as medical, public, health and welfare. The government of Japan
has links to local government, medical personnel, and NGOs including patients and
medical care of infectious diseases. They have experienced lack of management
system for the national medical service and lack of control tower. The circumstance
and content of infectious diseases are different depending on regions. So, it is
necessary to secure medical preparedness differentiated between the national and
regional levels.
12. Korea
The shortfalls of Korea include the quarantine act and infectious disease control and
prevention act are strictly implemented. It tackles about the “3Ts” which is Testing,
Tracing, and Treatment. Mandatory testing is regularly taken into action and by
gathering and disclosing information on footsteps those who are tested are being
catered to the treatment facility which the governments pay for the expenses and
compel treatments. The government also supplies masks. Export control and rationing
masks for a very low price. Moving forward Korea is confident of overcoming the
Covid-19 pandemic in no time even if life would not be the same as before.
13. Mongolia
The spread of the virus exacerbated pre-existing issues in Mongolia like over
burdening the healthcare system. Bringing poverty and hunger back on the rise,
struggling to meet basic needs including adequate food and nutrition and some other
issues that are not new tom what we are experiencing right now. There are resolutions
that has been implemented with 23 measures to be taken in prevention of Covid-19
pandemic.
14. Taiwan
Before the Covid-19 pandemic. The whole country of Taiwan has experienced the
SARS outbreak in 2003. A special act for prevention, relief and revitalization was
enacted for SARS to provide subsidies or resources for those people who are in need.
Moreover, the control measures of the disease include surveillance and real-time
reporting system and compulsory wearing f face masks and following safety
protocols. The act is also applied as a response to the onslaught of Covid-19
pandemic.
15. Kazakhstan
Kazakhstan’s legal methods to combat the pandemic was being presented by Mr.
Marat Sarsembayen. He shares the corona virus case in the republic of Kazakhstan.
Out of 701,345 people who got infected only 577,882 people were cured and 7,751
people died because of the virus. Kazakhstan responded the pandemic through the
following: Remote work regime/ Remote study, Maintain social distancing, full and
partial restrictions, Establishment of the control over food prices, Provision of the
social benefits, Restriction for leaving home, Limitation for travelling to other
localities, Restriction for leaving the country and Complete prohibition and partial
restriction of mass events and in order to win coronavirus, it is advisable to develop
and adopt a new domestic laws.
16. Russia
Ms. Olga Igorevna Miroshnichenko emphasizes the legal framework tackling
pandemics post-covid-19. On January 30, 2020, WHO declared the Covid-19
outbreak a “Public Health Emergency” of international concern. They adopted the
federal law on “Biological Safety in the Russian Federation” that defines the types of
biological threats and the general objective for preventions to name a few, restrictions
on the dispensing and sale of drugs were also introduced by the law.
17. Uzbekistan
Mr. Aziz Ismatov the representative of Uzbekistan presented the governing through
strong executed orders. He concentrated on what he perceived to be the challenges
that arise from rejecting the constitutional and statutory framework. He demonstrated
how executive bylaws can be used to substitute legislative statutes and judicial
judgements, resulting in a powerful top-down, super-presidentialism rule hierarchy.
Despite the fact that the strategy may be beneficial, he believes it is dangerous since
unrestricted authority can lead to abusive and unproportionate measures that are
difficult or impossible to reverse by legal means.