China's isolation and medical observation measures made applicable to some foreign air passengers with no symptoms of the virus have raised some concerns in the affected nations.

China's measures might sound a bit strict, but does it constitute an act of discrimination against foreign citizens?

According to Article 1 of the Convention on the Elimination of All Forms of Racial Discrimination, the term "racial discrimination" refers to "any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".

Simply put it means there should be at least two different kinds of treatment for Chinese and foreigners or for Mexicans and non-Mexican foreigners. But when we look into the holistic measures that China has taken to guard against the spread of the A (H1N1), it's apparent that China's actions are measures against the flu per se, instead of being aimed against people of any specific ethnic or national origin.

First, the preventive measures being implemented make no distinction between Chinese and foreigners. Take the AM 098 flight from Mexico City to Shanghai for example. When a Mexican passenger was later diagnosed in Hong Kong as having influenza A (H1N1), all Chinese passengers on the flight with him were traced and put under medical observation for seven days before being cleared as potential risks. When Chinese citizens are quarantined in the same way as Mexicans, there is not the least basis for accusing China of practicing discrimination against other nationals.

Second, the preventive measures are no different for other foreigners; they are the same as for the Mexicans and Canadians. Apart from Mexican passengers, 25 Canadian students have reportedly been isolated and put under medical observation for seven days by authorities (of course, the necessity of the quarantine is being questioned by the Canadian government, too).

Common to Canada and Mexico is that both are countries with quite large number of confirmed A (H1N1) cases. This means China does not determine what measures are to be taken against the flu simply on the basis of nationality. Instead, the decision is based solely on scientific considerations.

Third, the preventive measures are based on China's laws. Both the Law of the PRC on the Prevention and Treatment of Infectious Diseases and Frontier Health and Quarantine Law of the People's Republic of China have prescribed very strict and standard procedures on the prevention and control of infectious diseases. The A (H1N1) is covered by these two laws and is deemed as a type B infectious disease, which requires corresponding prevention and control measures. Article 39 of Chapter 4 of the Law of the PRC on the Prevention and Treatment of Infectious Diseases stipulates that people in close contact with suspected patients shall be placed under medical observation in a designated area.

Fourth, China's conscientious response is natural and only to be expected given its experience of SARS. As the biggest country in the world, a spread of A (H1N1) in China will prove to be hard for the rest of the world, too. This approach is endorsed by WHO, which described China's preventive measures as "appropriate".

The government's measures enjoy wider acceptance and are also appreciated by the general public. According to a survey conducted by Shanghai-based Oriental Morning Post, 84.3 per cent of those polled were ready to accept isolation and medical observation if need be.

A consideration of the foregoing points shows that there is nothing to suggest China has violated the human right to equal treatment. That said, the distress, unease and anxiety of the passengers isolated for medical observation could be more than what may be commonly imagined.

Authorities across the country should make every effort to make the stranded passengers feel at home, regardless of whether they are Chinese or not. For the international guests, the government may have to do even more to assure them that China is a welcoming place; that the government has no intention of discriminating against anyone; and, that China's objective is none other than ensuring compliance with norms laid down for the health of the world community.

With the arrival of the aircraft carrying the 98 Chinese stranded in Mexico by the A (H1N1) flu scare in Shanghai on May 6, there appears to be less room for making accusations of discrimination against China. All passengers and crew had to spend a week in quarantine in a hotel near the airport, even though they all appeared to be healthy with no symptoms of the dreaded flu. And, they are all Chinese.

The author is a doctoral scholar with the Institute of Human Rights and Humanitarian Law, China University of Political Science and Law

(China Daily 05/13/2009 page8)