COVID-19 VACCINES: COMPULSORY FOR IMMIGRATION OR NOT

INTRODUCTION

Like many pandemics before it, the Corona Virus disease (“COVID-19”/” the Pandemic”) in December 2019, spread at a record speed from Wuhan, Hubei province in China and crept up on the rest of the world. Today, the pandemic is known for the adverse effect it caused and has continued to cause particularly the enormous health, economic, environmental and social challenges to the entire human population.[1] As a result of Covid-19, the travel and tourism sector significantly took a hit across all nations of the world, causing an adverse effect on the industry and this is obvious from the changes in international boarders, travel restrictions, and boarder closure that were prevalent in start of the pandemic up till date. . Several proclamations were made by many countries and even the United Nations in this time like express travel ban of some nations. The introduction of the COVID-19 vaccine suggests a possibility of containing the virus  and consequently having the travel and tourism sector revert to what it used to be. This article shall consider the effect of the pandemic on migration and whether the COVID-19 vaccine will be a prerequisite for traveling in the near future. 


COVID-19 IN NIGERIA

Nigeria witnessed its first case of the Corona virus in February 2020 which was a major cause of concern and consequently resulted in the immediate lockdown March 2020 to curtail the fast spread of the virus. This was the first instance of a total lockdown in the Country and took a jab at the global economy. As the virus continued to spread, many businesses in Nigeria continued to take the hit for it as in that time Nigeria experienced a decline in all sectors of the economy inclusive of its travel and tourism sector as it was recorded t hat there was a percentage decrease in the number of travelers by 20% percent[2]. Also, this can be alluded to the travel ban imposed by the Government as a preventive measure to ensure that no additional case of COVID-19 will be recorded in the country citizens. International travelers who had been to certain countries like China, UK, USA, France, and a host of other countries were prevented from entering into Nigeria. The cruise ships were also suspended from coming into the Country. Thereby, leading to a decline in the countries’   

 

COVID-19 VACCINE

In 2020, the world started to work towards creating vaccines that will curtail the virus, reduce the spread and reduce the fatality rate. While the extent of the vaccine is not exactly clear, it is presumed that the vaccine will aid to improve the immunity of vaccinated persons from the virus. The vaccines which are in place as of today, include the Pfizer vaccine, Moderna vaccine, AstraZeneca vaccine. Many speculations about the COVID-19 vaccine indicates that it will not entirely stop the transmission of the virus but will essentially douse its spread. Therefore, this begs the question of whether the vaccine would be the long-awaited solution to the loss suffered by the travel and tourism industry and ultimately reverse the sector to what it used to be before the pandemic.

COVID-19 VACCCINE AND IMMIGRATION

While the implication of the COVID-19 vaccine is not entirely known on the travel and tourism industry, one thing which is apparently clear is that the introduction of the vaccine has raised the question of whether or not the COVID-19 vaccine will, in the near future, become mandatory for all persons who intend to travel. Almost all the nations are struggling to slow down the transmission of the disease by using a hybrid system which allows testing, treating patients, quarantining suspected persons, contact tracing, restricting large gatherings, maintaining complete or partial lock down, international travel ban, travel restrictions vaccination, and other measures[1]. Most countries now, particularly, require a pre-travel test to waive the mandatory quarantine of up to Fourteen (14) days. Nigeria currently bans entry to non-Nigerian passport holders who have travelled to Brazil, India or Turkey in the preceding 14 days. International travellers to Nigeria are required to complete Nigeria’s International Travel Portal before boarding flights to the country. This requires the completion of a COVID-19 (PCR) test. However, the possibility that travel destinations and countries will soon start to require a COVID-19 vaccine to enter and move about with minimal restrictions is on the uprise as it is believed that a roll-out of COVID-19 vaccines is the only way for the whole world to move beyond the challenges posed by the COVID-19 and resume normal life and all it entails, including freedom of movement and international flying. While many destinations make proof of a recent negative COVID-19 test mandatory, to date, no country has announced plans to make proof of a vaccination mandatory.

Most cruise ships now require a vaccine to travel, and although this is the first travel sector to require a vaccine before traveling,[2] other Cruise lines like American Cruise Lines, American Steamboat Co and UnCruise Adventures have expressed the intention to put measure in place that would require a vaccine upon resumption of cruising to ensure that there will be no significant rebound in international travel until most travelers become vaccinated. However, the position of the airlines as to whether COVID-19 vaccines would be compulsory for travelers is not exactly clear. Some people are of the opinion that the vaccine will only be made compulsory by the Government and not by the airlines. Some countries have made a lot of progress in their vaccination campaigns, others have just started, and this highlights how the road to achieving global herd immunity to Covid-19 is still far ahead for the aviation industry. The industry cannot wait till vaccination becomes available worldwide as a vaccine requirement might discriminate against those who may not have easy access to good healthcare, thereby turning travel rights into a matter of privilege.

Towards the end of 2020, many countries worldwide had started to warn they would soon begin to issue documents to those vaccinated against COVID-19, which documents could also serve as a way to abolish travel restrictions for their holders. During this transition period, tests and vaccines together will play a key role in the industry recovery. Throughout the very first months of 2021, the governments started undertaking concrete steps to launch such documents, most commonly known as vaccine certificates and vaccine passports. In the European Union, the Member States and Schengen associated countries started to create vaccine passports. In Europe, two of the highest bodies of the European Union, the parliament and the Council, called on the European Union Commission to be careful about the certificates not being a pre-condition for travel. Also, Canada’s Prime Minister has signalled that vaccine passports for travel are “to be expected” in the months to come. Debates are happening across Canada and abroad about whether or not to introduce COVID-19 vaccine passports for many aspects of daily life, including international travel. It’s seeming more and more likely that vaccine passports, in some form or another, will become a reality for travel to Canada.

The International Air Travel Association (IATA) created its own version of a digital passport, called the IATA Travel Pass, which was launched on April 15, 2021 on the Apple App store and subsequently on the Google pay store and it proposes to create a common digital Covid-19 vaccination certificate for easy access to users upon traveling. This digital app can make it easier for flyers to arrive and waive the quarantine restrictions that currently discourage long-distance travel and acts as a Travel passport, evidence of Pre-travel Covid-19 testing, Proof of vaccination and keeps track of all Travel itinerary. Like the NHS Covid Pass, the IATA Travel Pass will create a personalized QR code with test results and proof of vaccination, which travellers will use at check-in to make sure they are in compliance with entry regulations at their destination. As vaccines become more commonplace, airlines and governments will have to decide whether to make vaccinations mandatory or not, as well as compile a standardized list of which vaccines and tests will be globally accepted.[3] Thus, while the Government and airlines have not required that COVID-19 vaccine be compulsory for travel, this will likely be a decision the Nigerian Government must make soon as there is a history of governments worldwide making vaccination obligatory for other diseases, including measles, tetanus and polio, mandatory vaccination rules for which exist in as many as 105 of 193 countries in the world. In these countries, penalties are imposed against individuals who do not comply with the obligation. Nigeria also checks arriving passengers to ensure they have been vaccinated against yellow fever, by making it mandatory for passengers to carry their yellow fever vaccination certificate (yellow book) while travelling.[4] While the ethics of vaccine passports are largely debated, anti-vaccine groups have, in particular, pressured the governments to refrain from making vaccination against COVID-19 obligatory, insisting that such a move would be a violation of civil liberties[5]. For example, in April 2021, the White House of the United State of America ruled out introducing mandatory federal Covid vaccination passports, saying citizens’ privacy and rights should be protected. Other extremist pseudo-scientific or sometimes demonstrably fake claims are being used as a propaganda to state that the Covid vaccines are being used to implant microchips in people’s bodies.

The controversy over vaccines is nothing new. When Edward Jenner created the first vaccination against smallpox in 1796, it was initially seen as miraculous solution to a disease which was killing millions worldwide. However, before his vaccination began to attract opponents and when smallpox vaccination was made compulsory in the UK by the Vaccination Act of 1853, the legislation only served to increase resistance.

By the late 19th century there was strong anti-vaccination sentiment in parts of Britain. Anti-vaccination leagues were formed, and thousands took to the streets to demonstrate against what they saw as an invasive practice. Objections included religious or health concerns, along with the recurring theme of the trampling of individual rights, which resonate in the cries of present-day vaccine objectors. The scale of anger led to the legislation being amended in 1898 to allow for ‘conscientious objection’ to receiving a vaccine.[6]

However, even with the various objections that have arisen in the past, several vaccines have been made compulsory to enter into some countries. The following vaccinations are recommended for your protection and to prevent the spread of infectious diseases. Before you travel, the following vaccines should be reviewed and updated, if necessary, Tetanus, Diphtheria, Pertussis (Tdap), Measles, Mumps, Rubella (MMR), Polio and Influenza. In Nigeria, certain vaccinations against diseases like cholera, Hepatitis A, Polio, Meningococcal Meningitis, Yellow fever are necessary for travelers of a particular age and very possibly COVID-19 would join the long list of mandatory vaccinations. 

In the United Kingdom (UK), people would show proof of vaccination by using the NHS Covid Pass app in England or the equivalent of that app in other parts of the UK, in order to travel without a proof of a recent negative Covid-19 test. This prevents the requirement of being quarantined upon arrival at most destinations as allowed by the UK government. [7]

As at today, more than 30 countries, including Greece and Spain now accept the NHS Covid pass but holders/passengers must check their destination’s entry rules before booking and keep checking before travelling.


CONCLUSION

The implication of the COVID-19 vaccine of the travel and tourism industry is undeniable as it promises to provide a relief to the strict covid preventive measures put in place globally. However, while it remains uncertain whether the Nigerian Government and the international community will make the vaccine compulsory for all immigrants, the overriding public safety and interest may be the push that the government requires to make this decision.





[1] Ilaria Grasso Macola 15 Apr 2021 Should airlines make Covid-19 vaccination mandatory for travel? https://www.airport-technology.com/features/should-airlines-make-covid19-vaccination-mandatory-travel/

[3] What the COVID-19 vaccine could mean for the future of travel Sophie-Claire Hoeller Jan 13, 2021, https://www.insider.com/covid-19-vaccine-travel-requirement-2020-12

[5] Over 40% of Travellers Believe Vaccination Should Become Obligatory for Travel, Survey Shows

April 16, 2021 https://www.schengenvisainfo.com/news/over-40-of-travellers-believe-vaccination-should-become-obligatory-for-travel-survey-shows/

[6] Mandatory vaccination: legal, justified, effective? Anne McMillan Friday 19 March 2021 https://www.ibanet.org/article/70E1F93E-A23B-4F1A-A596-AEEF84750241

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Mobola Akinkugbe 

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mobola.akinkugbe@ao2law.com

Amaka Ukuta

Associate

amaka.ukuta@ao2law.com

Ajoke Olawuyi

Associate

ajoke.olawuyi@ao2law.com

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