Mandatory Covid-19 tests on foreign workers trigger racism, human rights disputes

Following Gyeonggi Province, the Seoul Metropolitan Government has issued an administrative order obligating immigrant workers to take the coronavirus tests, causing controversy over racial discrimination and human rights violations.

Migrant workers are criticizing the recent administrative orders that demand mandatory Covid-19 tests as racial discrimination.

The move comes after the proportion of foreigners among confirmed cases has been rapidly increasing in Korea this year.

The share of foreigners in total confirmed cases in Seoul jumped from 2.2 percent in the last two months of 2020 to 6.3 percent in the first quarter of 2021. Gyeonggi Province also saw its foreign patients share double this year.

Aside from the Seoul metro region, administrations in three provinces-- North Gyeongsang, South Jeolla and Gangwon – took similar steps. The provincial governments have also said they would slap fines of up to 2 million won ($1,776) on foreigners who do not receive the test and claim the right to indemnity if Covid-19 patients occur by neglecting the order.

Gyeonggi Province has gone one step further, considering issuing an additional order, obligating employers to hire only foreign workers who have undergone diagnostic tests.

Local officials stressed that the orders are to prevent group infections centered on foreign workers. Still, most immigrant workers said the new measures show that the Korean authorities treat foreigners as coronavirus carriers.

"The local governments' administrative orders are discriminatory because only targeting a specific group for inspection could stigmatize it as a source of corona infection," the Joint Committee with Migrants in Korea said in a statement. "Also, the provincial governments’ order for migrant workers to receive a Covid-19 test in a short period of two weeks is oppressive as it does not consider the working condition of migrant workers."

The tight deadline has also led to many migrant workers crowding Covid-19 screening centers, the group added.

According to the committee, such measures have raised concerns about Covid-19 screening centers turning into new infection sources due to their relatively small number and limited time foreigners can visit there.

"Provincial police stations also told foreigners to refrain from visiting the screening center during rush hours," the committee said. "However, the guideline did not specify when the rush hours are, only giving the impression that migrant workers are a disorderly group."

It is also doubtful whether the officials will persuade small business owners and illegal migrant workers to use their time and energy to cooperate to quarantining efforts, it added.

Regarding Gyeonggi Province's plans to hire only foreigners who have undergone diagnostic tests, the migrant worker group stressed that it is an excessive regulation that discriminates migrant workers against their Korean counterparts.

"Already, migrant workers can find jobs only via the employment center of the Ministry of Employment and Labor, even if they do not go through an administrative order," the group said. "Therefore, it is very regrettable that the local governments are treating migrant workers as infectious agents for quarantine reasons."

The migrant workers’ association demanded that the government withdraw the discriminatory administrative order and present the actual quarantine support measures by, for instance, providing face masks.

A foreigner has made a petition on the Cheong Wa Dae website, asking the central government to invalidate Gyeonggi Province's mandate and prevent additional ones requiring only foreigners to receive Covid-19 tests. The petition has won 2,777 online signatures as of Thursday.

"The administrative order on all foreigners, whether they are symptomatic or not, to take Covid-19 tests is discriminatory and xenophobic," the petitioner said. "Gyeonggi officials have not made any similar demands for Korean nationals living or working in the area."

This mandate for foreigners is dangerous, as many who show no signs of having Covid-19 must go to screening centers and interact with people who are potentially infected, the petition went on to say.

petitioner also criticized that provincial officials gave no guidelines or exemptions to those who exhibit no signs of having Covid-19. That, in turn, has put some foreigners, who should avoid exposure due to underlying diseases, such as asthma and auto-immune disorder, at risk.

"However, these vulnerable individuals must make a choice between their health and safety or face severe consequences," the petitioner said. "This discriminatory Covid-19 testing mandate violates the rights of foreigners in Gyeonggi Province concerning their safety and health."

Some physicians and lawmakers expressed their sympathy for foreign workers.

Professor Lee Jae-gap of the Infectious Disease Department at Hallym University Kangnam Sacred Heart Hospital blasted the Seoul Metropolitan Government for approving such an inhumane method, pointing out that testing everyone is not the way to solve the problems.

Rep. Lee Sang-min of the ruling Democratic Party of Korea said, "This administrative order is ridiculous as it is an unfair and racist step against foreigners and is an act of human rights violations that can cause an international scandal."

The City Hall should withdraw the administrative order immediately, Lee added.