Extract from ABC News
By Jacob Kagi
The federal government's ban on its own citizens returning from India has been described as "immoral and un-Australian", with the former race discrimination commissioner questioning why the subcontinent has been treated differently to other parts of the world that suffered devastating COVID waves.
Key points:
- The rules mean anyone who has been in India within the previous 14 days is prohibited from entering Australia
- Former race discrimination commissioner Tim Soutphommasane said he hoped inconsistencies in the policy were not related to race
- Australians in India say the policy makes them feel "angry, scared and worried"
The new rules, which threaten citizens who travel back from India with jail terms up to five years and fines of up to $66,000 have also devastated Australians stranded on the subcontinent.
The crackdown is designed to prevent Australians travelling home from India via a third country, after some were able to make the journey through Doha.
The rules, described by the government as "drastic but necessary", mean anyone who has been in India within the previous 14 days is prohibited from entering Australia.
Among those critical of the move, which comes into force on Monday and will last until at least May 15, is Kylie Moore-Gilbert — a recently-freed Australian academic who was detained for more than two years in Iran.
"I know what it means to do time for absolutely no reason whatsoever," she tweeted.
"I also know what it means to be rescued from a COVID-riddled overseas hellhole and be brought back to Australia [yes into quarantine].
Some advocates are also questioning whether the ban could potentially be a violation of Australia's international law obligations.
"The section that the minister has made the emergency direction under also requires whatever action is the least restrictive and least intrusive way of dealing with the risk," peak civil rights group Liberty Victoria's president Julia Kretzenbacher said.
"We have hotel quarantine to deal with the risk, so in Liberty Victoria's view the actions taken are not the least restrictive or least intrusive way of protecting Australians."
The Australian Human Rights Commission says it holds "deep concerns" about the new restrictions' impact on Australians' human rights.
The commission said it was approaching the government directly with its concerns, as well as urging Parliament's Senate Select Committee on COVID-19 to review the restrictions.
"The need for such restrictions must be publicly justified. The government must show that these measures are not discriminatory and the only suitable way of dealing with the threat to public health," it said in a statement.
Former race discrimination commissioner Tim Soutphommasane said there was an inconsistency in the government's policy, that he hoped was not related to race.
"We didn't see differential treatment being extended to countries such as the United States, the UK, and any European country even though the rates of infection were very high and the danger of arrivals from those countries was very high," he said.
The government has acknowledged the policy is difficult but said it was implemented on the back of expert health advice.
"We have taken drastic action to keep Australians safe and what we face in India is a very serious situation where the medical advice has been to put in place these measures," Treasurer Josh Frydenberg said.
"It's temporary, it's based on the medical advice and it will be reviewed on the 15th of May."
Mr Frydenberg described the situation in India as "dire", on the same day the country recorded more than 400,000 COVID-19 cases — a global record.
State and federal leaders, as well as health experts, have voiced growing concerns about the number of cases in Australia's quarantine system from India – in particular after two separate leaks from Perth's hotel set-up in just over a week.
That led to calls for the government to do more to restrict travel from India, ahead of this move.
"India is an epicentre of death and destruction as we speak," WA Premier Mark McGowan said last week.
"I don't think there is any need to go to India, I don't."
But for Australians stranded in India, the commentary and the decision-making has been deeply hurtful.
'This could be the last time you are speaking with me'
Kim flew to India after her father's death in December and had been due to fly back to Australia next Tuesday.
When the COVID-19 situation began to escalate in India, she brought that forward to last week.
But the suspension of flights derailed that within days of her planned departure.
At our current pace of roughly 320,000 doses a week, we can expect to reach the 40 million doses needed to fully vaccinate Australia’s adult population in early August 2023.
Now, with the ban in place, Kim is stuck in Mumbai indefinitely – with her husband thousands of kilometres away in Perth – a situation she says is devastating.
"I don't know how we can cope with the emotional stress, the financial stress and I don't know how long we can hang in there," she said.
And, with case numbers continuing to surge and thousands of COVID-caused deaths reported each day, Kim said the worries she felt were very real.
"You never know, this could be the last time you are speaking with me," she said.
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