
UN warning of "serious consequences" of a British draft law on illegal immigration
- Europe and Arabs
- Wednesday , 19 July 2023 12:15 PM GMT
London - New York: Europe and the Arabs
Two senior UN officials warned in a press release that the illegal immigration bill passed by Parliament in the United Kingdom contravenes its obligations under international human rights law and asylum law, and that this would have dire consequences for people in need of international protection. According to the United Nations news bulletin, a copy of which we received on Wednesday morning
According to the statement issued on Tuesday, the bill would revoke the right to access asylum in the UK for anyone who arrives in the country "irregularly", after passing through a country - even for a short period - where they did not face persecution.
The bill also bars people from making refugee protection or other human rights claims, no matter how difficult their circumstances. In addition, the bill would require their transfer to another country, without ensuring that they would necessarily be able to seek protection there. The bill would grant new and broad powers of detention, with limited judicial oversight.
The bill was passed in the House of Commons and remains to be voted on in the House of Lords, the second chamber of the British Parliament.
UN High Commissioner for Refugees, Filippo Grandi, said UNHCR “shares the UK Government’s concern about the number of asylum seekers embarking on perilous journeys across the English Channel. We welcome current efforts to make the existing asylum system function more effectively through prompt, fair and efficient processing of asylum claims, This provides an opportunity for integration for those found to be in need of international protection, and rapid repatriation for those who have no legal basis to remain in the country.
But he added, "Unfortunately, the new legislation will significantly undermine this progress," stressing the importance of cooperating with European partners along the routes along which refugees and migrants move.
Contradiction with human rights
The bill would deny access to protections in the UK to anyone who falls within the scope of that protection - including unaccompanied and separated children - regardless of whether they are at risk of persecution, whether they have suffered human rights abuses, or whether they are A survivor of human trafficking or modern-day slavery.
“Carrying out deportations under these circumstances contravenes the principle of the prohibition of refoulement and collective expulsion, the right to due process, family and private life, and the principle of the best interests of the children concerned,” said UN High Commissioner for Human Rights Volker Türk.
The 1951 Refugee Convention expressly recognizes that refugees may be forced to enter the country of asylum irregularly.
For most people fleeing war and persecution, they either do not have or cannot obtain official documents such as passports and visas, and safe and legal routes are rarely available.
The statement from the two UN commissioners said that in the absence of viable deportation arrangements with third countries, or without sufficient operational capacity to deport large numbers of asylum seekers, thousands can be expected to remain in the UK indefinitely in precarious legal situations.
Exacerbation of the fragile situation
The Human Rights and Refugee Commissioners stated that this legislation would exacerbate the already fragile situation of people arriving irregularly in the UK, significantly limiting their enjoyment of human rights and exposing them to risks of detention and destitution.
As a result, their rights in terms of access to health facilities, an adequate standard of living and employment opportunities are compromised, exposing them to risks of exploitation and abuse.
"The UK has always been committed to upholding international human rights law and refugee law, and we need that unwavering commitment now more than ever," said the UN High Commissioner for Human Rights.
Volker Türk called on the UK government to “renew this commitment to human rights by repealing this law and ensuring that the rights of all migrants, refugees and asylum-seekers are respected, protected and fulfilled without discrimination. This must include efforts to ensure prompt and fair processing of asylum and human rights claims, and to improve reception conditions, and increased availability and access to safe pathways for regular migration.”
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