On the 4th of May 2023, six Special Rapporteurs and one Working Group issued a communication OL GBR 9/2023 on the United Kingdom’s (UK) Illegal Migration Bill and the impact it would have, if adopted, on the human rights of migrants. They declared that the proposed legislative text could severely restrict access to the territory of the UK, including by limiting the access to regular migration channels and procedures for international protection. The provisions could also seriously undermine, inter alia, the right to seek asylum, the right to liberty, the principle of non-refoulement, the prohibition of collective expulsions, and the rights and best interests of the child hence violating the UK’s obligations under international human rights law. They further noted that, when introducing the Bill, the UK Home Secretary mentioned their inability to make a statement required under section 19(1)(b) of the Human Rights Act 1998 meaning that the provisions of the Bill “are compatible with the ECHR rights” and further noted that the Government nevertheless wishes the House to proceed with the Bill. In this connection, it is worrying that clause 1(5) exempts the Bill from section 3 of the Human Rights Act, which requires legislation to be interpreted and given effect to in a way that is compatible with the ECHR. Therefore, the Special Rapporteurs and the Working Group urged the UK to halt the legislative passage of the Bill and bring UK domestic law in line with international human rights standards.
UN Special Procedures communication on UK Illegal Migration Bill
