By Emmanuel Onwubiko
Followers of news, events, information and development from the United Kingdom would have noticed that the hottest topic on the lips of most British politicians and bureaucrats is immigration. Immigration is a big issue in Great Britain given their peculiar and unique circumstances regarding the sudden upsurge in the number of irregular migrants that pour into Great Britain through the dangerous canals connecting Britain through France. Besides, border security and affiliated issues are key to defining the sovereign authority of a nation state.
In view of the aforementioned background information, I perfectly understand and appreciate the fact that the British government has an obligation to control the levels of migration into their Country given the increasing rates of costs of living and the economic crises that were thrown up by COVID-19 pandemic that slowed down the economic fortunes of many nations. Controlling migration also addresses the critical questions associated with national security and wellbeing of a nation.
But
the British people and their government do also understand that they need to
balance their fears for massive irregular migration into their jurisdiction
from all kinds of places but most especially from the middle East and Far East,
and to realise that as an advanced economy and a good member of the
international community, that prosperous nation of Great Britain owe refugees the
duty of care and security in a World that has become increasingly terrorised by
wars, famines, economic brigandage, political upheavals and dictatorships.
Specifically, the 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the basis of UNHCR’s work. They define the term ‘refugee’ and outline their rights and the international standards of treatment for their protection. Refugees are among the most vulnerable people in the world. The 1951 Refugee Convention, supplemented by its 1967 Protocol, help protect them.
They are the cornerstone of refugee protection and the key legal
documents that form the basis of UNHCR’s work.The 1951 Convention provides the
internationally recognized definition of a refugee and outlines the legal
protection, rights and assistance a refugee is entitled to receive. UNHCR
serves as the ‘guardian’ of these documents. We also help governments translate
them into national laws to ensure refugees are protected and can excise their
rights.
Core principles The core principle of the 1951 Convention is
non-refoulement, which asserts that a refugee should not be returned to a
country where they face serious threats to their life or freedom. The document
outlines the basic minimum standards for the treatment of refugees, including
the right to housing, work and education while displaced so they can lead a
dignified and independent life. It also defines a refugee’s obligations to host
countries and specifies certain categories of people, such as war criminals,
who do not qualify for refugee status. In addition, it details the legal
obligations of the States that are party to one or both of these instruments.
History
of the 1951 Convention In the aftermath of the First World War (1914 – 1918),
millions of people fled their homelands in search of refuge. Governments
responded by drawing up a set of international agreements to provide travel
documents for these people who were, effectively, the first recognized refugees
of the 20th century. Their numbers increased dramatically during and after the
Second World War (1939-1945), as millions more were forcibly displaced.
In response, the international community steadily assembled a set of
guidelines, laws and conventions aimed at protecting the basic human rights and
treatment of people forced to flee conflict and persecution. The process, which
began under the League of Nations in 1921, culminated in the 1951 Convention
which consolidated and expanded on previous international instruments relating
to refugees and continues to provide the most comprehensive codification of the
rights of refugees at the international level. Common question. What is the
difference between the 1951 Convention and its 1967 Protocol?
Which countries are party to the 1951 Convention and its 1967 Protocol? What is the definition of a refugee? Why do refugees need protection? What rights do refugees have under the 1951 Convention? Does a refugee also have obligations? Can someone be excluded from refugee protection? How can States sign on to the 1951 Convention and its 1967 Protocol? Key documents and decisions 1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (Travaux préparatoires) Records of the 1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons.
The Refugee
Convention, 1951: The Travaux préparatoires analysed with a Commentary by Dr.
Paul Weis 1990 Conference of Plenipotentiaries on the Status of Refugees and
Stateless Persons: Summary Record of the Thirty-fifth Meeting 03 December 1951
Conference of Plenipotentiaries on the Status of Refugees and Stateless
Persons: Summary Record of the Thirty-second Meeting 30 November 1951 States
parties, reservations and declarations View the list of States that have
acceded to one or both the 1951 Convention and its Protocol. 1951 Refugee
Convention Relating to the Status of Refugees Link is external 1967 Protocol
Relating to the Status of Refugees. (UNHCR global website).
Having
exhausted the global legal dimension of the obligations of nations towards
genuine refugees, it is appropriate to recall vividly that during my most
recent vacation in Great Britain this June, i read in some of their vibrant
British press that the British premier Rishi Sunak had set a new goal of
bringing migration down below the level he “inherited”, which was about 500,000
net arrivals a year when he became prime minister.
Mind
you, Rishi Sunak is an immigrant from India. That was withstanding that the
current Prime minister has a history of migration into Britain, but as the head
of government foisted with the urgency of the now to confront their biggest
threats to their very existence and survival as a sovereign nation, the PM has
reportedly redefined his target on immigration after earlier in the first week
of June backing away from the Conservatives’ 2019 manifesto promise to reduce
it below the level then of about 220,000.
Sunak
said he would not put a number on the level of net immigration he would like to
see but he wanted it to come down below what it was when he took over. Figures
released in November show net immigration was 500,000 for the year to June
2022. Experts believe net immigration figures for this year could come in at
between 600,000 and 1 million, prompting a backlash among Conservative
backbenchers. Speaking to broadcasters at the G7 summit in Hiroshima, Sunak
said he was “crystal clear” he wanted to reduce immigration, but when pressed
on how far, he said: “I’m not going to put a precise figure on it but I do want
to bring them down.”
He said: “The numbers are too high and we want to bring them down. Now,
the numbers last year were impacted by the fact that we welcomed Ukrainian
refugees to the UK. Again, that’s something I think we are proud of.” Asked by
Sky News whether he could bring down net immigration to below 500,000 by the
next election, he said: “I’m committed to bringing down the levels of migration
that I inherited, and I’m relentlessly focused on stopping the boats, that’s
one of my five priorities, and we’re doing absolutely everything we can to do
that.” Sunak has repeatedly said he wants to bring down levels of net
immigration but also defended the system of legal migration to the UK.
“When it comes to legal migration, the key thing for people to know is
we’re in control of why people are here, the circumstances and the terms on
which they are here, making sure they contribute, to public services like the
NHS, for example. Those are all now part of our migration system and they weren’t
before,” he said. The prime minister stressed that the difficult task of
stopping “illegal” migration in small boats across the Channel was a bigger
priority. “I do think most people’s number one priority when it comes to
migration is illegal migration, that is crystal clear to me,” he said.
Sunak’s redefinition of the Conservatives’ aims on immigration put him at
odds with the home secretary, Suella Braverman, and many on the right of the
Tories.
Braverman
said at the National Conservatism conference this week that the party should
honour its 2019 manifesto commitment to bring down net immigration, which was
then at about 225,000.
Adam Holloway, a Conservative backbencher, told GB News on Thursday:
“It’s completely insane. I mean, who would have thought that a Conservative
government would be drawing millions more people into the high-rate tax
bracket? Who would think that a Conservative government was presiding over
effectively uncontrolled immigration?”
I
will discuss briefly why this law needs to be an issue for us in Nigeria given
that we have a very large population in Great Britain today and of course many
more Nigerians, if given the opportunities,
It is indeed an issue so dear to our hearts because of the historical
links between our people and the British dating back to hundreds of years. In
addition, many Nigerians have natural citizenship status of that nation even as
many are attending different educational institutions. Corollary, Nigerians were also barred recently
from bringing their relatives whilst schooling in British schools contrary to
what has always been the cade in the past. So you can see that Nigerians have
double issues to be concerned about the reviewed migration laws in Great
Britain. So a detailed understanding of these new approaches to migration by
Great Britain is critical.
But
first, from a lay man’s perspective, I have asked myself what indeed
are the main areas of interest in this new body of laws and policies around
migration in Great Britain. We will read from the mouth of
the masters who evolved the new sets of legal framework and policies.
Around March 2023, the British press were agog with confirmation
that the Prime Minister Rishi Sunak and Home Secretary Suella Braverman have
confirmed the Illegal Migration Bill which is causing a huge debate – but what
exactly is it and what does it mean for the UK?
Rishi Sunak promised the UK he would tackle illegal immigrants when he
became prime minister and his latest immigration and asylum seeker laws are his
attempt at just that.
The
PM, and Home Secretary Suella Braverman, confirmed in the House of Commons this
week their new bill which will see people who arrive in the UK illegally
removed “within weeks” and receive a lifetime ban on claiming asylum.
Causing
much debate, with the UN refugee body saying they have huge concerns for the
new bill, Rishi Sunak has said he’s “up for the fight” and these “tough
measures” were the only way to tackle the migrant crisis and to stop unsafe
boats crossing the Channel.
He
said: “All I can say is that we have tried it every other way and it has not
worked. So I say again: my policy is very simple, it is this country—and your
government—who should decide who comes here, not criminal gangs.”
What is Rishi Sunak’s Illegal Migration Bill?
Essentially,
the new law, also nicknamed ‘Stop the Boats’ wants to end illegal entry,
especially via boats, as a route to asylum in the UK.
The main points
of the new bill are:
People
who arrive in the UK illegally will be detained and removed within weeks of
arrival. If safe, they will go back to their home country, if not, they will go
to a safe third country.
Under
18’s who arrive unaccompanied and illegally will remain in the UK until
adulthood and will then be removed to a safe third country. Limited
circumstances could change this.
Asylum
seekers who enter the UK illegally will not only be removed, but also face a
permanent ban from returning.
Any asylum claims from those
who travel to the UK illegally will be deemed inadmissible and reconsidered in
a third country.
Any legal claims that can prevent someone being removed from the UK will be limited. Modern slavery claims for those travelling illegally will be disqualified. There will be an annual cap on the number of refugees entering via safe routes. What have people said about Rishi Sunak’s new immigration bill?
The
tough new bill hasn’t come without criticism, as the United Nations High
Commissioner for Refugees has stepped forward to say it’s concerning.
Vicky Tennant, of the UNHCR,
said: “We’re very concerned. This is effectively closing off access to asylum
in the UK for people arriving irregularly.
“We
believe it’s a clear breach of the Refugee Convention, and remember even people
with very compelling claims will simply not have the opportunity to put these
forward.”
Labour’s
shadow home secretary Yvette Cooper branded the Bill a “con” and described the
plans as “Groundhog Day” in the wake of criticism from campaigners who said the
proposed policy would be unworkable.
My
recommendation is that Nigerians need to endeavour to read and apprehend the
import and Far reaching implications of this new set of immigration laws in
Great Britain so as to be properly guided to be on the side of the law.
*Emmanuel Onnwubiko is head of the HUMAN RIGHTS WRITERS
ASSOCIATION OF NIGERIA and was NATIONAL COMMISSIONER OF THE NATIONAL HUMAN
RIGHTS COMMISSION OF NIGERIA.
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