Page - 557 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

557Border Closures: A Pandemic of Symbolic Acts in the Time of COVID-19 With global infectious disease outbreaks comes pressure on national governments to close their borders to citizens or resi- dents of affected countries. Too many governments give way to this pressure. Border closures against high-risk regions, implemented by dozens of countries within the first two months of the COVID- 19 outbreak (see Figure F4.1), isolate vulnerable communities, dev- astate fragile economies, and disincentivize affected governments from reporting new cases of disease. Targeted border closures also violate the International Health Regulations (IHR)—the legally bind- ing instrument that governs how 196 countries respond to pandemics like COVID-19—and that in turn undermines our global public health system and the rules-based world order on which we depend.1 This chapter takes a critical look at national border closures in the time of COVID-19. After explaining why targeted border closures do not work and how they violate international law, we examine the more complicated case of total border closures and present the quar- antining of incoming travellers as a reasonably available less restric- tive alternative that is likely to be equally effective. We end by asking why nearly every government has implemented some form of border closure, if most are not supported by science or law. We conclude that border closures represent an irresistible opportunity for political lead- ers to show they are doing something and to redirect blame outside their jurisdiction. Such political theatre of symbolic acts means that citizens must contest and challenge border closures as they would any other questionable government action. Citizens must not unduly defer to scientists or lawyers on COVID-19 border closures because these are primarily political—not scientific or legal—decisions. Targeted Border Closures Are Ineffective In theory, targeted border closures are intended to prevent all incom- ing travel by people who might have been exposed to a pathogen, who might be carrying it, and who might transmit that pathogen to others. If people from affected areas cannot leave their country, then 1. Roojin Habibi et al, “Do Not Violate the International Health Regulations During the COVID-19 Outbreak” (2020) 395:10225 The Lancet 664 [Habibi]; Steven J Hoffman & Roojin Habibi, “Opinion: Canada Should Not Join Other Countries in Instituting Travel Restrictions – Or in Breaking International Law”, The  Globe  and Mail (11 March 2020), online: <https://www.theglobeandmail.com/opinion/ article-canada-should-not-join-other-countries-in-instituting-travel/>.