Tolerance and Diversity Institute

Statement on restrictions imposed on Indian citizens

On 15 April 2021 new restrictions within the ordinance N322 of the Government of Georgia on the Approval of Isolation and Quarantine Rules came into force. [1] The document imposes different conditions for students and individuals traveling from India to Georgia. In particular:

  • Any individual coming from the Republic of India, regardless of his/her citizenship and full course of vaccination, will be subjected to present a negative PCR test result at the border taken within the last 72 hours prior to their visit to Georgia, followed by a mandatory 14-day quarantine at their own expense.

  • With respect to the students, foreign students traveling from the Republic of India, regardless of their citizenship and the full course of vaccination, will need to submit a negative  PCR test result taken within the last 72 hours before visiting Georgia and will also be subjected to a 14-day mandatory quarantine.

  • In addition, the amendment stipulates that the students traveling from the Republic of India will be able to enter Georgia only by charter flights.

It is noteworthy that as early as 13 April, Ordinance N322 also introduced amendments concerning individuals and students traveling from India, [2] however for  similar cases the regulations established only 3-day self-isolation. Therefore, the restrictions  have been extremely tightened within a day.

Students from India  are already facing such a reality in Georgia. They  have not had any information regarding new regulations before their departure on 14 April, 2021. At their arrival 180 students from India  have been subjected to a 14-day mandatory quarantine in one of the Tbilisi hotels. According to Euronews, 150 of them  had already taken two doses of Astrazeneca vaccine. As an additional expense, they have to pay an average of 150 GEL per day, which their families cannot afford. [3]

Placing individuals, including students, coming from India in a 14-day quarantine and allowing them to enter Georgia only  by a charter flight may be considered as discrimination based on nationality, citizenship and place of origin.

According to the Law of Georgia on “Elimination of All Forms of Discrimination”, [4] indirect discrimination is a situation whereby formally neutral and substantively discriminatory provision, criteria or practice restricts individual’s rights, based on one of the grounds, when such restriction has no objective and reasonable justification, or the means used to limit the right are not proportional with the legitimate aim pursued.

Hence, the selective measures approved by the government against individuals / students coming from India are overly stringent, unreasonable, disproportionate and discriminatory.

It is noteworthy that in 2020, during the COVID pandemic, foreign students, especially Indian citizens, faced a number of problems with the learning process. Part of the students left the country due to economic and financial difficulties and they were unable to return. At some point, the universities shifted to distance learning. However, later on, taking into account the recommendations of the Ministry of Health, they continued in the usual mode. However,  due to the epidemiological situation in their own country, financial problems and numerous uncertainties regarding their arrival  to Georgia, a large number of students were unable to return. As a result, they lagged behind in the learning process. In a situation where Indian citizens already face many obstacles both, in terms of entering Georgia and using various services, these additional disproportionate restrictions further aggravate their legal and social status.

We call on the Government of Georgia to immediately review the regulations regarding persons / students from India and replace them with proportionate and non-discriminatory measures.

 

[1] 14 April 2021 Ordinance N 170 of the Government of Georgia

[2]13 April 2021 Ordinance N 169 of the Government of Georgia 

[3]https://euronewsgeorgia.com/2021/04/15/shercheviti-karantini/?fbclid=IwAR3tXUoc__h7OzIlM8g9_yGQ-o-Nrt4yKOYyIrBcqa0vmOZOB3zii9vHAG0

[4] Article 2,  section 3 of the Law

 

Apr/2116