OHCHR: UK border reform bill increases the risk of serious human rights violations

The UN High Commissioner for Human Rights, Michelle Bachelet, urged the United Kingdom to reconsider proposed changes to its border policy and to ensure that the proposed Nationality and Borders Bill avoids undermining the protection of human rights for refugees and other migrants. The reform was introduced in the House of Commons last July to ‘allow the UK to take full control of its borders and prevent abuse’. Among other provisions, the bill proposed treating asylum seekers differently depending on how they arrived in the UK territory, as well as criminalising irregular entry and facilitation of irregular migration. The reform would also make it easier to prosecute asylum seekers before claiming asylum. The key provisions were rejected by the House of Lords, and the body also recommended changes more appropriate in light of international standards.

The High Commissioner’s Statement criticising the reform was released on 17 March 2022. The UN official stressed that the proposal “to broadly criminalise those who facilitate irregular migration could punish and deter people from rescuing migrants in distress at sea, potentially resulting in dire consequences, including the more tragic loss of life in the Channel”. According to Ms. Bacheled, the reform would criminalise vulnerable people that enter the country by irregular means. The High Commissioner expressed her concern about proposed offshore processing centres, as they increase the risk of forced transfers, extended periods of isolation and violations of human rights and dignity of asylum seekers. She also warned that “the Bill as originally formulated would allow for British nationals to be deprived of their UK citizenship without notice and in an arbitrary manner, risking increased Statelessness.”

Ms. Bachelet emphasised that any such development of the UK legislature would contravene international law and standards. She urged the Government and MPs to bring the proposed reform into conformity with the 1951 Refugee Convention and with international human rights law. She also highlighted that the Lords’ rejection should send a compelling signal to the UK Government that the amendments are indeed required.