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The UK wants to send refugees to Rwanda. Is that legal?

The U.K. has signed a deal to send asylum-seekers to Rwanda for processing and resettlement. Critics say that is illegal, unfeasible, and inhuman.

By Shafi Musaddique, Contributor
LONDON

When the U.K. government last month announced a deal to send asylum-seekers to Rwanda for processing and resettlement, officials said the extreme measure was intended to 鈥渇ix the broken asylum system.鈥

It may not get the chance. The plan has triggered widespread condemnation in Britain, with critics branding it inhuman and unworkable, and it is already facing legal challenges.

More than 4,000 miles away, many citizens in Rwanda also object. But their complaints spring from a different perspective: By taking in and housing migrants, the government would be prioritizing the newcomers over Rwandans.

The reactions in both the United Kingdom and Rwanda go to the heart of some of the quandaries presented by the controversial Nationality and Borders Bill. The new policy also underscores the contrast between the way migrants from Europe are welcomed to Britain and the way those from Africa and the Middle East 鈥 who will make up the majority affected by the bill 鈥撀燼re treated.

More than 50,000 Ukrainians have been offered humanitarian visas and free housing in Britain over the past three months.

Even on a continent grappling with a backlash against surging migrant numbers in recent years, the new U.K. policy stands out for its hard-line stance.聽

Amnesty International, the human rights watchdog, has branded the plan 鈥渢he very height of irresponsibility鈥 that 鈥渟hows how far from humanity and reality the government is.鈥

鈥淲hat they鈥檙e doing is unprecedented in so-called Western democracies,鈥 says Paul O鈥機onnor, a civil servant with the Public and Commercial Services Union, which has brought a case against the U.K. government. 鈥淭his is being driven entirely by racism. It鈥檚 not a rational response to asylum and immigration policy.鈥澛

Despite the criticisms, the British government has moved fast to implement聽its policy.聽Prime Minister Boris Johnson has said that the government is notifying 50 individuals that they will be transferred to Rwanda by the end of May.聽On Thursday, a spokesperson for the Rwandan government said the country is preparing to accept the first batch of asylum seekers. 聽

Seeking jobs or protection?

The government says the new policy will deter those who make risky journeys to Britain, and put people smugglers out of business. Under the聽deal, those deemed to have arrived in the U.K. unlawfully, in small boats, or hidden in trucks, crossing the English Channel, for example, will be sent to Rwanda. There, Rwandan officials will hear their asylum claims.

Successful claimants would be given refugee status in the East African country. Britain will pay Rwanda $210 million to fund education, housing, skills training, and language lessons for them. The Rwandan government has promised they would be 鈥渆ntitled to full protection under Rwandan law, equal access to employment, and enrollment in healthcare and social care services.鈥

Those not granted asylum would be allowed to stay in Rwanda, although without refugee status, or given the option to claim protection in a different country, according to government spokeswoman Yolande Makolo.

U.K. Interior Minister Priti Patel has said that 90% of those entering the U.K. illegally are not genuine refugees, but rather single men seeking economic opportunities. But an analysis by the Refugee Council, a respected British charity, found last year that almost two-thirds of those who crossed the channel did qualify聽for refugee status in the U.K.

Britain鈥檚 Memorandum of Understanding with Rwanda, along with a similar deal that Denmark is negotiating with the government there, represents a major break with international norms established since the end of World War II.

Specifically, scholars say, the U.K. deal breaches the 1951 Refugee Convention, since it singles out for removal to Rwanda those migrants who have entered the U.K. illegally. The convention, recognizing that most refugees have no choice but to travel irregularly, prohibits governments from penalizing them for doing so.

A law passed last year in Denmark, paving the way for its current talks, 鈥渞isks undermining the foundation of the international protection system for the world鈥檚 refugees,鈥 the U.N. refugee agency, the UNHCR, warned.

Who gets priority?

Nestled in emerald green hills in the center of the continent, Rwanda鈥檚 13 million citizens already live in one of Africa鈥檚 most densely populated nations.聽

Moses Muhoza, a builder in Kigali, feels that the pact casts Rwanda in a good light as a welcoming nation, but worries about being left behind.聽

鈥淚t appears as though our leaders are caring more for other people at the expense of the citizens. Commodity prices have shot up, there is limited work, rent is expensive,鈥 says Mr. Muhoza, who earns about $10 a day. 鈥淚 feel that we [Rwandans] should be prioritized.鈥

The government says locals and refugees will all gain, since U.K. funding will create jobs, particularly in the tech sector, for both groups. 鈥淭hese people will not live in camps but within communities and benefits will go towards everyone 鈥 migrants and citizens,鈥 says Ms. Makolo, the government spokeswoman.

Still, Frank Habineza, a vocal opposition member of Parliament, says Rwanda has no good reason to sign such an agreement.

鈥淲e are neither bigger nor richer than the U.K. There is pressure on natural resources and it is likely to bring conflict,鈥 he says.聽

The economic windfall that will come from the U.K. deal, Mr. Habineza says, is 鈥渘ot clean money. Rwanda is being complicit in human rights violations by the U.K.,鈥 he adds.聽

In London, on the other hand, activists are concerned that the deal could land refugees in a country that is itself beset by allegations of human rights abuses by President Paul Kagame鈥檚 administration.聽

Mr. Johnson has brushed off such worries, calling Rwanda 鈥渙ne of the safest countries in the world.鈥 But just last year, his ambassador for human rights, Rita French, regretted at the U.N. Human Rights Council that its government had refused to carry out 鈥渃redible and independent investigations into allegations of human rights violations including deaths in custody and torture.鈥

In the early years of his tenure, Mr. Kagame was feted by the West as he stabilized and rebuilt a country shattered by genocide. But two decades on, critics have accused his government of becoming increasingly authoritarian, and of ordering political assassinations both at home and abroad.

Mr. Habineza, the opposition politician, once felt obliged to withdraw from a presidential election after his vice presidential running mate was killed and beheaded.

Details to follow 鈥

Much is still unclear about how exactly the refugee deal would work in practice. 鈥淲e are still working out the operational details,鈥 says Ms. Makolo.

One uncertainty concerns the numbers of refugees who would be processed in Rwanda. Mr. Johnson has said that an 鈥渦nlimited鈥 number of people could be relocated. Rwanda will have 鈥渢he capacity to resettle tens of thousands of people in the years ahead,鈥 he said the day the deal was unveiled.

On Thursday, government officials showed off three reception centers where they said asylum-seekers will be housed, with a capacity of 722 beds.聽Last year, according to British government figures, over 35,000 people entered the U.K. irregularly, 28,526 of them by boat.

鈥淲e are jointly assessing with the U.K. at every step how many are to be sent,鈥 Ms. Makolo explained.

To be sure, Rwanda has a long history of welcoming refugees. Mr. Kagame, who himself grew up in a refugee camp, has overseen one of the continent鈥檚 most inclusive resettlement programs. A fraction of the U.K. in population and size, Rwanda already hosts some 130,000 refugees 鈥 almost the same as Britain.

Burhan Almerdas is among them. Before fleeing Yemen in 2019, he knew nothing about Rwanda. Now, he runs a successful restaurant business in an up-market district of the capital where he and his wife have resettled. 鈥淚 know many 鈥 do not want to come because they would rather prefer a good European lifestyle,鈥 he says.

鈥淏ut if you are looking for a place where you can make a living for your family in relative safety,鈥 he adds, 鈥渢hen this is the place to be.鈥

Felly Kimenyi contributed reporting to this article from Kigali, Rwanda.

Editor's note: This article has been amended to reflect the Rwandan government's insistence that it will not send failed asylum seekers back to the countries from which they have fled.