UK Government Introduces Draft Law Empowering Ministers to Disregard Human Rights Laws in Asylum Cases

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ICARO Media Group
Politics
06/12/2023 20h38

In a bid to advance their flagship Rwanda policy, the UK government has introduced a draft law that grants ministers the power to override certain human rights legislation. The bill, set to be presented in Parliament on Thursday, aims to establish Rwanda as a safe country for asylum seekers under UK law. However, the proposed legislation falls short of the demands made by some right-wing Conservative MPs.

The draft law specifically aims to address concerns raised by the Supreme Court, which recently ruled against the government's plans to deport asylum seekers to Rwanda. Despite repeated delays stemming from legal challenges, no asylum seekers have yet been sent to Rwanda from the UK.

The bill, subjected to a parliamentary vote, includes provisions that would compel courts to disregard key sections of the Human Rights Act, effectively circumventing the existing Supreme Court judgment. It also orders courts to overlook other British laws and international regulations, including the international Refugee Convention, when it comes to deportations to Rwanda.

Nonetheless, the proposed legislation does not go as far as some Conservative MPs had advocated. Former Home Secretary Suella Braverman and her supporters had pushed for the bill to override the entire Human Rights Act, the European Convention on Human Rights, the Refugee Convention, and all other international laws.

Under the draft law, ministers would have the authority to dismiss any emergency order from the European Court of Human Rights, which could potentially halt a flight to Rwanda while an individual asylum case is still being considered. Additionally, migrants would retain the right to legally challenge their removal to Rwanda on individual grounds of significant personal risk.

Critics, including those close to Suella Braverman, argue that the bill is fundamentally flawed and likely to become entangled in lengthy court battles. They express dissatisfaction with the bill's perceived failure to address the concerns of Tory voters and the majority seeking an end to what they view as an ineffective asylum system.

The government, however, asserts that the bill will put an end to the legal challenges impeding the removal of asylum seekers to Rwanda. Notably, the draft legislation acknowledges that it may not align with minimum human rights safeguards—a rarity in legislative proposals. Legal experts caution that the measures outlined in the bill could still face legal challenges, with the Supreme Court potentially finding them incompatible with human rights obligations.

Vincent Biruta, Rwanda's foreign affairs minister, stresses that the scheme can only proceed with lawful cooperation from the UK. He emphasizes the importance of upholding the rule of law and complying with international legal standards for both countries involved.

Prime Minister Rishi Sunak hails the proposed emergency legislation as a pivotal step in securing borders, deterring dangerous Channel crossings, and alleviating the burden of incessant legal challenges in the courts.

The Home Secretary, James Cleverly, recently signed a new treaty with Rwanda, complementing the government's efforts to move forward with the Rwanda policy. The government hopes that the treaty, combined with the proposed legislation, will provide the necessary framework for the scheme to proceed.

Meanwhile, the Labour Party vows to scrap the policy if they win the next election. Shadow Home Secretary Yvette Cooper criticizes the government and the Conservative Party for their internal disarray, referring to open disputes within the party, the commencement of the next leadership race, and the subsequent consequences affecting the country as a whole.

As the draft law awaits parliamentary approval, some critics argue that it does not go far enough to address the underlying challenges and concerns surrounding the government's Rwanda policy.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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