Jurist UN expresses concern over moves by UK government to facilitate Rwanda removal plan for migrants

[Dadparvar]

The UN expressed concern Monday over the UK government’s action to make the Rwanda deal operational. The Rwanda deal facilitates the prompt removal of asylum-seekers to Rwanda.

The UN High Commissioner for Human Rights, Volker Türk, stated, “You cannot legislate facts out of existence.” He warned of the negative human rights implications, stating:

The combined effects of this bill, attempting to shield Government action from standard legal scrutiny, directly undercut basic human rights principles. Independent, effective judicial oversight is the bedrock of the rule of law – it must be respected and strengthened. Governments cannot revoke their international human rights and asylum-related obligations by legislation.

The UK’s Select Committee on the Constitution echoed the concern voiced by Türk. The House of Lords appoints the committee “to examine the constitutional implications of public bills.” Clause 2(1) of the Bill states, “Every decision-maker must conclusively treat the Republic of Rwanda as a safe country.” The select committee explained that even when there is clear evidence that refugees sent to Rwanda are at risk of refoulement, decision-makers and courts must still regard it as a safe country when determining whether to send refugees there. Section 2(5)(b) also prevents courts from relying on provisions in the Human Rights Act 1998, which enable courts to interpret legislation in a way that is compatible with Convention rights.

The committee concluded that this may be a breach of the separation of powers. The ability of the court to review parliamentary decisions is a key feature of UK constitutional law and ensures one body does not hold too much power, thereby protecting the rule of law. New legislation may put this at risk.

This comes after the UK Supreme Court ruled in November 2023 that the Rwanda policy was unlawful. The UK then entered into a new treaty with Rwanda to ensure human rights were protected.

Türk argues that excluding one group of people from equal protection of the law is harmful, undermining Article 14 of the Human Rights Act, which protects against discrimination in the application of human rights.

The UN has urged the UK government to adhere to international human rights obligations and reappraise its current immigration policies.

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