Submission to the Universal Periodic Review of the United Kingdom of Great Britain and Northern Ireland & More News Here

Introduction

1. Human Rights Watch submits the following data concerning the United Kingdom’s (UK) implementation of suggestions it accepted by its third Universal Periodic Review (UPR) in 2017, in addition to details about further worldwide human rights obligations and points not addressed in the 2017 overview. This submission isn’t an entire overview of the implementation of all 227 suggestions both absolutely or partially supported by the UK, neither is it a complete overview of the UK’s safety of human rights in the home sphere.

Chagos Islanders

2. As the International Court of Justice has said, “Between 1967 and 1973, the entire population of the Chagos Archipelago was either prevented from returning or forcibly removed and prevented from returning by the United Kingdom.”[1] The UK continues to stop the Chagossians, together with the descendants of these forcibly eliminated 50 years in the past, from exercising their proper to return and dwell of their homeland.

3. On 30 July 2008, the Human Rights Committee, on the foundation of Article 12 of the International Covenant on Civil and Political Rights, really useful that the UK “should ensure that the Chagos islanders can exercise their right to return to their territory”.[2]

4. During the third UPR cycle, Mauritius really useful that the UK “respect the legitimate right of resettlement of the Chagossians” (134.226).[3] Although the UK has expressed remorse over the means Chagossians have been eliminated, it has said that it doesn’t consider resettlement is possible.[4]

5. The United Kingdom ought to:

  1. Acknowledge that the Chagossians have been forcibly faraway from their houses and have a proper to return;
  2. Ensure full reparations for all Chagossians, together with guaranteeing that they’ll freely and with none hindrance train their proper to return to all the islands, obtain full compensation for the losses they’ve skilled, and acknowledgment of the harms inflicted on them;
  3. Ensure that such abuses can by no means be repeated, together with by guaranteeing that each one attainable crimes linked with compelled removing and prevention of return of a whole inhabitants, and racial discrimination, are absolutely and independently investigated and prosecuted. 

6. Questions:

  • Does the UK acknowledge that the Chagossians have been forcibly transferred from the Archipelago? What is it doing to treatment this?
  • Does the UK acknowledge the proper of Chagossians to return to dwell of their territory? If not, why not?

Business and Human Rights 

7. The UK is falling behind different nations’ legislative efforts to regulate company conduct that contributes to human rights abuses and environmental hurt globally, in their very own operations and their worth chains. In February 2022, the European Commission printed a draft proposal on company obligatory due diligence associated to human rights and surroundings, the textual content of which might be finalized by a trialogue in the forthcoming months. France, Germany, and Norway have already adopted laws. The Netherlands and Austria have proposals underway.

8. The UK is but to take concrete motion following the 2017 suggestions of the Parliament’s Joint Committee on Human Rights. The Joint Committee really useful that “the Government should bring forward legislation to impose a duty on all companies to prevent human rights abuses, as well as an offence of failure to prevent human rights abuses for all companies, including parent companies, along the lines of the relevant provisions of the Bribery Act 2010.”[5] Recommendation 134.153 urged the UK to “[c]onsider aligning its corporate criminal liability regime with international human rights law in order to ensure accountability and effective remedy for victims of serious human rights abuses involving the operations of United Kingdom companies abroad”.

9. The UK has initiated efforts to introduce anti-boycott legal guidelines that might successfully prohibit Boycott, Divestment, and Sanctions (BDS) campaigns. Such efforts not solely cut back the house for democratic actions, but in addition unreasonably and excessively intervene with investor selections to responsibly disengage in keeping with the UN Guiding Principles on Business and Human Rights, the OECD Guidelines on Multinational Enterprises, and the OECD Due Diligence Guidance. They even have the potential to stop state our bodies from complying with their obligations below these Principles, in addition to obligations not to contribute to or facilitate worldwide crimes and violations of worldwide legislation extra typically. It additionally immediately contradicts suggestion 134.80 to the UK Government to “intensify its efforts to provide oversight over British companies operating abroad with regard to any negative impact of their activities on the enjoyment of human rights, particularly in conflict areas, which includes situations of foreign occupation, where there are heightened risks of human rights abuses.”[6]

10. The United Kingdom ought to:

  1. Propose draft laws in keeping with the Joint Committee on Human Rights’ suggestions and in session with a broad swathe of civil society teams, together with the UK Corporate Justice Coalition, and work in a time-bound method to undertake laws;
  2. Refrain from passing anti-boycott or associated legal guidelines that unlawfully intervene with the rights of public sector employees and might stop public our bodies from complying with their worldwide human rights obligations and obligations.

11. Questions:

  • What time-bound steps are being taken to suggest laws as really useful by the UK Parliament’s Joint Committee on Human Rights to maintain firms accountable for human rights abuses and environmental harms, in their very own operations in addition to their international worth chains?
  • Considering efforts to move anti-boycott legal guidelines, what steps is the UK taking to be sure that it’s (a) not unlawfully interfering with the rights of public sector employees, together with freedom of speech, (b) not stopping public and personal our bodies from complying with their obligations below worldwide human rights requirements, reminiscent of the UN Guiding Principles on Business and Human Rights, and (c) appearing persistently with its obligation not to contribute to or facilitate violations of worldwide legislation, or the fee of worldwide crimes, together with apartheid and persecution?

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Refugee and Migrant Rights

12. The UK has proposed a brand new draft legislation, the Nationality and Borders Bill,[7] which raises important considerations concerning the UK’s compliance with its obligations below worldwide refugee and human rights legislation.

13. The Bill introduces into UK home legislation provisions which might put the UK in breach of its worldwide obligations and undermine elementary tenants of the worldwide refugee safety regime in the UK.[8] At the time of writing, the Bill consists of provisions criminalizing individuals in search of asylum (introducing a brand new offence for anybody who “knowingly arrives” with no legitimate entry clearance, rising the sentence for “illegal entry”, and widening the definition of “assisting unlawful immigration”); permitting asylum seekers to be eliminated to a “safe country” for offshore processing; subjecting refugees to differential therapy based mostly on their mode of arrival; introducing powers to push again boats at sea; and granting immunity to immigration and enforcement officers from civil or legal legal responsibility throughout the efficiency of their maritime capabilities.[9]

14. The UK has no statutory restrict on the quantity of time an individual could be held in immigration detention and can lead to individuals being indefinitely detained, regardless of UPR suggestions calling for a prohibition of the use of indefinite detention for migrants (134.217, 134.218, 134.219, 134.224).[10] The UK established two alternate options to detention pilot packages and dedicated in October 2021 to utilizing their evaluations to inform future alternate options to detention.[11] However, the Nationality and Borders Bill would broaden immigration detention and authorize offshore detention.[12]

15. The United Kingdom ought to:

  1. Immediately withdraw the Nationality and Borders Bill and respect the precept of non-refoulement, prohibition on collective expulsion, obligation to rescue individuals in misery at sea, and the rights of people to depart any nation and to search and get pleasure from asylum in the UK;
  2. Not interact in any follow that has the impact of undermining entry to asylum in the UK, endangering life or penalizing asylum seekers for in search of asylum, together with by pushbacks, offshore detention and legal offences;
  3. Provide entry to asylum procedures on UK territory and at the UK’s juxtaposed border controls in France and present extra choices for asylum seekers and migrants to journey safely to the UK;
  4. Establish a transparent time restrict on the size of immigration detention and take pressing steps to implement long-term alternate options to detention.

16. Questions:

  • Considering the Nationality and Borders Bill, what steps are being taken to (a) guarantee entry to asylum procedures on UK territory, together with for these in search of asylum by irregular means, and (b) to open extra routes to journey to the UK for asylum seekers and migrants?
  • Will the UK introduce a time restrict on immigration detention? If sure, when? If not, why not?

Economic and Social Rights

17. The UK has persistently failed to absolutely incorporate the International Covenant on Economic, Social and Cultural Rights (ICESCR) treaty into home legislation and give these whose rights are violated an efficient treatment at home degree. The UK has not ratified the Optional Protocol to the ICESCR, and because of this individuals whose rights are violated additionally wouldn’t have recourse to the UN’s grievance mechanism. This is regardless of suggestions 134.16 and 134.7 urging the UK to ratify the OP-ICESCR and suggestion 134.15 urging the UK to withdraw reservations from the ICESCR.

18. In explicit, the UK Government is failing in its obligation to guarantee the proper to an ample commonplace of residing together with the rights to ample meals and housing, and the proper to social safety.

19. During the third UPR cycle, the UK supported suggestions to develop clear nationwide methods for the eradication of youngster poverty (134.168, 134.191). However, at the nationwide degree, the UK Government lacks a complete technique to deal with both poverty typically or youngster poverty particularly.

20. The UK Government is at the moment failing in its obligation to guarantee the proper to ample housing for homeless households. As a consequence of persistent coverage failures by central and native authorities, kids in London are rising up in substandard and uninhabitable short-term lodging, typically for years at a time. People interviewed by Human Rights Watch described circumstances together with poisonous mould, chilly temperatures, and an absence of ample house of their short-term lodging. These poor circumstances represent a violation of the proper to ample housing and kids’s rights to an ample commonplace of residing, schooling, and well being.[13]

21. The UK Government is failing in its obligation to guarantee the proper to meals. Food financial institution use and reliance on emergency meals help has elevated 12 months on 12 months since 2009, with meals banks reporting a surge in demand throughout the Covid-19 pandemic. The improve in individuals needing meals help is carefully linked to over a decade of austerity-motivated cuts to welfare spending, significantly associated to kids and households, and an overhaul of the nation’s social safety system.[14]

22. After six consecutive years of freezing social safety assist ranges, with the introduction of the pandemic, in April 2020 the authorities launched a weekly “uplift” of £20 in social safety assist to individuals on the authorities’s Universal Credit program. People on older “legacy” social safety packages – an estimated 2 million individuals, many with incapacity advantages – by no means noticed a commensurate improve.[15] In October 2021, the authorities ended the improve, regardless of wide-ranging proof on the doubtless hurt to human rights from such a transfer, chopping social safety assist in actual phrases to pre-pandemic ranges. Inflation was at 5.5 per cent in January 2022, and specialists count on it to exceed 6 or 7 p.c throughout the 12 months, making a cost-of-living disaster with a very critical affect on individuals on low incomes.

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23. The United Kingdom ought to:

  1. Ratify the OP-ICESCR;
  2. Enshrine the proper to meals and the proper to housing in home legislation as particular enforceable rights, and as half of the human proper to an ample commonplace of residing, be sure that all who expertise violations of these rights, have entry to an efficient treatment;
  3. Create a legally enforceable short-term lodging requirements framework with extensive and inclusive session, and guarantee a enough provide of housing, together with by rising the quantity of reasonably priced social housing with long-term tenancies;
  4. Ensure that social safety assist by Universal Credit and “legacy” advantages retains tempo with inflation and protects peoples’ proper to an ample commonplace of residing, particularly factoring in its sufficiency for affording primary wants reminiscent of meals, housing and power prices;
  5. Develop a complete nationwide anti-poverty technique, together with a particular youngster poverty technique, to guarantee the proper to an ample commonplace of residing for all, alongside a technique to cut back the want for meals financial institution use which examines the extent to which insufficient social safety assist is a driver of poverty and meals financial institution use.

24. Questions:

  • What steps are being taken to tackle (a) the disaster in habitability in short-term lodging, (b) the improve in reliance on emergency meals help, (c) insufficient social safety assist for individuals on low incomes, or (d) all of the above?
  • What concrete steps are being taken to enhance the measurement of poverty and to develop a complete nationwide anti-poverty technique to be sure that the UK Government meets its obligations to defend financial and social rights?

Women’s Rights and Domestic Abuse

25. Despite ongoing guarantees to fight violence towards ladies and ladies in the UK, and considerably elevated reporting of home violence throughout the Covid-19 pandemic, the UK has failed to enact laws that adequately ensures safety from violence for all ladies and ladies.[16]  The Domestic Abuse Act, billed as once-in-a-generation laws, doesn’t present key protections or assist for migrant ladies experiencing home abuse, together with ladies who at the moment have No Recourse to Public Funds and are subsequently ineligible for many authorities advantages due to their visa standing.[17] The Support for Migrant Victims scheme, put forth by the authorities as a possible answer, fails to present the promised, much-needed security web of assist for migrant ladies survivors of home abuse.[18] Potential information-sharing between police and immigration management stays a big barrier to migrant ladies reporting violence or in search of assist.[19] This is regardless of the UK supporting suggestion 134.84 to dedicate extra assets to guarantee equality and non-discrimination in present laws by complying with measures to battle towards prejudices, xenophobia and violence towards ladies.

26. The authorities has failed to acknowledge or treatment historic underfunding of and lack of assist for providers run by and for Black, Asian, migrant and different minoritized communities. Violence towards ladies organizations in the UK have repeatedly referred to as for ring-fenced funding for specialist “by-and-for” providers, which are sometimes excluded or neglected in present funding streams, leaving already-marginalized ladies with out ample tailor-made help.[20] The authorities ought to urgently tackle this hole to guarantee implementation of the public sector equality obligation below the Equality Act and duties in the Domestic Abuse Act.

27. The UK signed the Council of Europe Convention on Combating Violence towards Women and Domestic Violence (Istanbul Convention) in 2011 and supported suggestions 134.43, 134.44, 134.45, 134.46, 134.47 and 134.48 to ratify it. Despite repeated guarantees, it has but to ratify the conference or lay out a transparent timetable for ratification.[21] The Home Office’s 2021 report on progress in direction of ratification notes gaps in present assist for migrant victims of home abuse that contradict the conference. It means that the Support for Migrant Victims scheme will fulfil this authorized obligation.[22]

28. The UK supported suggestion 134.172 encouraging the devolved authorities of Northern Ireland to align its authorized framework on sexual and reproductive well being and rights, and its reproductive well being providers, with the relaxation of the UK. Despite decriminalization of abortion in Northern Ireland in 2019, authorized abortion stays largely inaccessible.[23] The Northern Ireland government has not commissioned essential providers to guarantee provision of abortion, even after route from the central authorities to achieve this by March 31, 2022.[24]

29. The United Kingdom ought to:

  1. Urgently revise the Domestic Abuse Act to guarantee safety and assist for migrant ladies, together with these with No Recourse to Public Funds, and take away limitations to migrant ladies reporting home or different gender-based violence, together with by establishing firewalls between police and immigration management for victims of home abuse;
  2. Ensure entry to providers for Black, Asian, and different marginalized ladies experiencing violence, together with by addressing historic underfunding of specialist “by-and-for” providers, so as to absolutely implement the Domestic Abuse Act, the public sector equality obligation below the Equality Act, and the Violence towards Women Strategy;
  3. Ratify the Istanbul Convention and guarantee home laws fulfils the conference’s obligations concerning entry to safety and providers for migrant ladies victims of violence;
  4. Urgently fee abortion providers in Northern Ireland and guarantee ladies and ladies can entry secure and authorized abortion all through the entirety of the UK.

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30. Questions:

  • What is the UK doing to be sure that migrant ladies victims can entry important providers in instances of home violence, can safely report abuse to police with out concern of repercussions due to immigration standing, and to guarantee Black, Asian, and different marginalized ladies have entry to specialist providers and safety in instances of home and different gender-based violence?
  • What is the UK doing to guarantee ladies and ladies have equal entry to secure and authorized abortion providers throughout the territory of the UK, significantly in Northern Ireland?

 

[1] Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (Advisory Opinion) [2019], I.C.J stories 95, web page 110, para 43. Available at: https://www.icj-cij.org/en/case/169 (accessed: 3 March 2022)

[9] See clauses 11, 12, 28, 36, 39, 40 and schedules 3 and 6, half A1, B1, J1 of HL Bill 82 (as introduced from the Commons).

[12] Clauses 15, 28, 47, schedule 3 of HL Bill 82 (as introduced from the Commons).

[17] Latin American Women’s Rights Services et al, ’The Right to Be Believed: Migrant ladies dealing with Violence Against Women and Girls (VAWG) in the ‘hostile immigration environment’ in London’, (2019). Available at: https://stepupmigrantwomenuk.files.wordpress.com/2019/05/the-right-to-be-believed-full-version-updated.pdf (Accessed: 6 March 2022); Southall Black Sisters, ‘A Briefing Paper on the Government’s pilot challenge to assist abused migrant ladies with No Recourse to Public Funds (NRPF)’, (2020). Available at: https://southallblacksisters.org.uk/wp-content/uploads/2021/02/SBS-briefing-Pilot-Project-1.pdf (accessed: 6 March 2022); Women’s Aid et al, ‘Joint written evidence submitted by 29 VAWG (violence against women and girls) sector organisations on the Domestic Abuse Bill (DAB32)’, (June 2020). Available at: https://publications.parliament.uk/pa/cm5801/cmpublic/DomesticAbuse/memo/DAB32.pdf (accessed: 6 March 2022); Bates, L., Gangoli, G., Hester, M. and Justice Project Team (2018), Policy Evidence Summary 1: Migrant Women. University of Bristol, Bristol. Available at: https://research-information.bris.ac.uk/ws/portalfiles/portal/188884552/Policy_evidence_summary_1_Migrant_women.pdf  (accessed: 8 March 2022); AWRS and Step Up Migrant Women, ‘Ending Violence against Women and Girls: Migrant Women and Safe Reporting of VAWG’, (2020). Available at: www.sistersforchange.org.uk/wp-content/uploads/2019/03/121-LAWRS_SUMW-2nd-Briefing-updated-final.pdf (accessed: 6 March 2022)

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