All passengers are subject to local law in an international airport, whether they are in transit, departing from or arriving at their destination, according to South African attorney, Brett Evans LLB, MBA. A recent incident at Doha Airport, Qatar, has cast a spotlight on just how vulnerable foreign visitors can be in certain circumstances, even in one of the most modern hubs in the world.
A number of women transiting on a Qatar Airways flight through Doha International Airport to Sydney were forcibly deboarded when a newborn baby was found abandoned in a toilet in an airport terminal.
According to several press reports, airport officials forced all the adult women who had already boarded a Qatar Airways flight bound for Sydney to disembark, escorted them through the airport to ambulances (without blinds) on the tarmac, where they were ordered to remove their underwear and lie down on a table according to several foreign press reports.
Passengers told the New York Times that at least a dozen men were standing outside, while the female passengers were subjected to invasive physical examinations to determine whether any of the women could have recently given birth to the abandoned baby.
The majority of the female travellers were Australian citizens, and the incident has led to an outcry from the Australian government, which has formally registered its concerns about the treatment of the women and has referred the case to the Australian federal police.
Australia’s Foreign Minister, Marise Payne, was reported by BBC referring to the incident as “a grossly disturbing, offensive, concerning set of events” where the treatment of the women was “beyond circumstances in which they could give free and informed consent”.
“My legs were just wobbling. I was terrified they were going to take me away somewhere. Why didn’t they explain to us what was going on? It was absolutely terrible. I can’t imagine what it was like for those poor young girls,” reported Qatar Airways passenger, Kim Wills, to UK newspaper, The Guardian. Kim believes she was spared the full examination, as she was over 60. Other passengers told the New York Times that the female passengers were visibly upset, and many were crying when they were later permitted to re-board the flight.
Australian travel industry website, Travel Weekly, has reported that allegedly women from 10 different aircraft were off-boarded and examined.
Hamad International Airport initially issued a statement saying: “Medical professionals expressed concern to officials about the health and welfare of a mother who had just given birth and requested she be located prior to departing. Individuals who had access to the specific area of the airport where the newborn infant was found were asked to assist in the query.”
The Qatari government then responded, saying: “…those responsible for these violations and illegal actions had been referred to the Public Prosecution Office.” Qatari Prime Minister, Sheikh Khalid bin Khalifa al-Thani, also stated on Twitter that the searches were unacceptable and that the perpetrators would be held responsible for their actions.
But the incident certainly raises questions about the safety of foreign women and men travelling through the airport in any country where a different set of laws governs everyday life including the lives of travellers.
Can foreigners in transit in a country legally be subjected to the country’s law enforcement procedures?
Yes, says Brett.
He told Travel News that it was important for travellers to understand that, from the minute that they landed in a country they were subject to the laws of that country. He advises travellers to familiarise themselves with these laws, particularly if they are female or members of the LGBT community, who may be accustomed to exercising different levels of personal freedom in their home countries.
“Local laws and customs reflect the fact that Qatar is an Islamic country. There may be serious penalties for doing something that might not be illegal elsewhere. You are strongly advised to familiarise yourself with and respect local laws and customs,” states the UK Foreign Travel Advisory.
It adds: “You should dress modestly when in public. Women should cover their shoulders and avoid wearing short skirts. Any intimacy in public between men and women can lead to arrest. Homosexual behavior is illegal in Qatar. There have been some reports of individuals being punished for homosexual activity and/or sexual activity outside marriage. Some visitors attempting to film or photograph in sensitive areas have been arrested. Importing drugs, alcohol, pornography, pork products and religious books and material into Qatar is illegal. It is an offence to drink alcohol or be drunk in public. Offenders can be jailed or deported for swearing and making rude gestures.”
According to Brett, there are often safe spaces in Islamic states, such as within the premises of international hotel chains, where the open exercise of Western freedoms is often overlooked. He adds that Islamic states often opt to deport rather than prosecute foreign nationals who are arrested for exercising western freedoms that contravene local laws, due to fear of international relations being damaged. He said that despite this occasional leniency, foreign nationals should not consider themselves exempt from the laws of that particular country.
According to Travel Weekly, the Australian Transport Workers’ Union is reportedly considering industrial action against Qatar Airways over the alleged abuse of human rights, and is considering banning all servicing, cleaning, or refuelling of Qatar Airways aircraft that fly into Sydney Airport.
