Rwanda Deportation Bill

Source: Reuters
GS II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora

Overview

1. Safety of Rwanda (Asylum and Immigration) Bill 2023
2. Why Bill Is Controversial?
3. 1951 Refugee Convention
4. Indian and 1951 UN Convention

Why in the News?

The Safety of Rwanda (Asylum and Immigration) Bill 2023, which parliament has approved.

News in Brief

• Purpose: The UK government’s latest attempt to deport asylum seekers to the East African country as part of efforts to cut irregular immigration, after previous attempts were ruled illegal.
• The deportation scheme, for asylum seekers deemed to have entered the UK illegally”, was first proposed in 2022 as a way of tackling small boat crossings of the Channel from northern France.

Migration of Asylum Seekers

• So far this year 6,265 people have been picked up trying to make the journey and brought ashore, taking to more than 120,500 the total number of people detected in small boats since 2018.
• Issue With Asylum Seekers: Unsustainable financial pressures from increasing numbers of asylum seekers on public services and accommodation have been beset by legal challenges.

Safety of Rwanda (Asylum and Immigration) Bill 2023

• The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by enabling the removal of 5 persons to the Republic of Rwanda under provision made by or under the Immigration Acts.
• The new treaty is legally binding in international law.
• Details of The Bill
  • Any person removed to the Republic of Rwanda under the 15 provisions of the Treaty (a “relocated individual”) will not be removed from Rwanda except to the United Kingdom.
  • Any relocated individual is to be made available for return to the 20 United Kingdom following a request from the Government of the United Kingdom.
  • The system for the processing of protection claims by relocated individuals is to be improved.
  • Relocated individuals are to be treated equally, irrespective of the status that they are granted in the Republic of Rwanda.
  • Relocated individuals are to be provided with legal assistance for 25 the purposes of their protection claims and any appeals relating to such claims.

Why Bill Is Controversial?

• Proposals override any laws preventing a migrant identified for removal from being deported and compel courts and tribunals to treat Rwanda as a safe country.
• The new law also orders courts to ignore other British laws or international rules, such as the International Refugee Convention, that prevent deportations to Rwanda.
• Ministers would be allowed to ignore any emergency order from the European Court of Human Rights in Strasbourg to temporarily halt a flight to Rwanda while an individual case is still being considered.
• In 2023, the Supreme Court declared the scheme unlawful, pointing out that Rwanda was not a safe country and that the plan went against the European Convention on Human Rights (ECHR).

1951 Refugee Convention

• The 1951 Refugee Convention is a pivotal international treaty crafted to protect the rights of refugees.
• It was adopted on July 28, 1951, in Geneva, Switzerland, and entered into force on April 22, 1954.
• The Convention defines who is a refugee, outlines their rights, and establishes the legal obligations of states to safeguard these individuals.

Key Provisions

• Definition of a Refugee: The Convention defines a refugee as someone who has a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and is unable or unwilling to return to their country of origin.
• Non-refoulement: This principle prohibits states from returning refugees to a country where they may face persecution or threats to their life or freedom. It is considered a fundamental principle of international refugee law.
• Rights of Refugees: The Convention outlines various rights that refugees are entitled to, including the right to seek asylum, access to courts, education, and employment, as well as the right to documentation such as identity papers and travel documents.
• Responsibilities of States: Signatory states are obligated to adhere to the principles outlined in the Convention and provide protection and assistance to refugees within their territories. This includes granting asylum to refugees and facilitating their integration into society.

Impact and Significance

• Since its adoption, the 1951 Refugee Convention has served as the cornerstone of international refugee protection, providing a framework for addressing the needs of millions of forcibly displaced individuals worldwide.
• It has been supplemented by the 1967 Protocol Relating to the Status of Refugees, which removed the geographical and temporal restrictions of the original Convention, thereby broadening its scope.
• As of January 2022, there are 149 parties to the 1951 Refugee Convention and 146 parties to the 1967 Protocol, indicating widespread international support for its principles.

Challenges and Criticisms

Despite its importance, the Convention faces several challenges and criticisms. One major criticism is the lack of a comprehensive mechanism for enforcing its provisions, leading to inconsistent implementation across states. Additionally, the definition of a refugee has been debated, particularly concerning individuals fleeing armed conflict or environmental disasters.

Indian and 1951 UN Convention

• India is not a signatory to the 1951 UN Convention.
• It does adhere to certain principles outlined in the Convention and has a longstanding tradition of providing refuge to those in need.
• India has historically welcomed refugees from various parts of the world, including Tibet, Sri Lanka, Afghanistan, and more recently, Myanmar.

Key Facts

• Tibetan Refugees
  • Following the Tibetan uprising in 1959, India granted asylum to the 14th Dalai Lama and thousands of Tibetan refugees.
  • Today, India hosts one of the largest Tibetan exile communities in the world.
• Sri Lankan Refugees
  • During the civil war in Sri Lanka, which lasted from 1983 to 2009, India provided shelter to thousands of Sri Lankan Tamil refugees fleeing persecution and conflict.
• Afghan Refugees
  • India has been a host to Afghan refugees, particularly during the Soviet invasion in the 1980s and later during the Taliban regime.
  • It continues to host a significant Afghan refugee population, although their numbers have decreased in recent years.
• Rohingya Refugees
  • In recent years, India has also been involved in assisting Rohingya refugees fleeing violence and persecution in Myanmar.
  • Although its approach has been more cautious, given geopolitical considerations.

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