Suella Braverman in Washington DC during a three day visit to the US. 25 September 2023
Photo:  picture alliance / empics | Stefan Rousseau
Suella Braverman in Washington DC during a three day visit to the US. 25 September 2023 Photo: picture alliance / empics | Stefan Rousseau

In a keynote speech at a think-tank in Washington DC, the UK's interior minister Suella Braverman has questioned whether the United Nations Refugee Convention is "fit for our modern age".

The keynote address by the UK's interior minister Suella Braverman held at the centre-right American Enterprise Institute was intended to lay out an international plan to deal with the refugee crisis, a central political issue for her struggling Conservative party back home.

Braverman called the UN convention "an incredible achievement of its age". However, she sought to point out that "we now live in a completely different time" since the Convention was signed 70 years ago, citing a study that allegedly says the Convention now gives 780 million people the potential right to move to another country.

"It is therefore incumbent upon politicians and thought leaders to ask whether the Refugee Convention, and the way it has come to be interpreted through our courts, is fit for our modern age. Or whether it is in need of reform," she stated.

Also read: 'Immigrants from all over the world are coming to the UK': The paradoxes of the UK's post-Brexit migration policies

The UN Refugee Convention

The UN Refugee Convention was drawn up in 1951 following World War Two, which left millions of people displaced across Europe. Initially it focused specifically on European post-war refugees -- but an amendment made in 1967 removed the time and geographic limits in the original text in order to make the Convention universal. The Convention is considered the foundation of the international asylum system with 150 signatory countries.

The Convention defines a refugee as: "someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion."

It also establishes basic minimum standards for their treatment and states' legal obligations to protect them and removing penalties for breaching immigration rules while fleeing.

One of the core principles of the convention is non-refoulement, which asserts that refugees should not be returned to a country where they face serious threats to their life or freedom.

The controversial approach to immigration indicates that the UK government is willing to implement policies contrary to the UN Convention.

Also read: UK: Bone scans to be introduced for asylum seekers

UK's policies incompatible with international law

In June, the UN’s refugee agency (UNHCR) claimed that the UK government’s £140m (€161m) deal with Rwanda was "incompatible with the letter and spirit" of the Convention. The refugee agency questioned the legality of transfer arrangements of asylum seekers, referring to article 34 of the Convention, which calls on states to "facilitate the assimilation and naturalization of refugees".

Protests in London at the UK government's migration policy and Braverman's visit to Rwanda | Photo: Vuk Valcic/SOPA Images via ZUMA Press Wire
Protests in London at the UK government's migration policy and Braverman's visit to Rwanda | Photo: Vuk Valcic/SOPA Images via ZUMA Press Wire

Braverman has strongly defended her Rwanda plan, and has further criticized the asylum system stating that Western countries will not be able to sustain it "if in effect simply being gay, or a woman, and fearful of discrimination in your country of origin is sufficient to qualify for protection."

In her remarks Braverman has undermined not only the core principles of international human rights and refugee law, but also the fundamental values shared by the signatories of the Convention.

Enver Solomon, the chief executive of the Refugee Council, said that a world where the UK and other Western nations "pull up the drawbridge and turn their backs on those who have been tortured, persecuted and faced terror because of their gender, sexuality or any other reason, is a world which turns its back on a belief in shared humanity and shared rights."

"After the horrors of the second world war, the international community chose to stand up for those principles. Abandoning them is not an option."

Also read: UK government to challenge decision on Rwanda plan before Supreme Court 

Braverman's policies: cruel and costly

The UK's conservative government has attempted to position itself as 'tough on immigration'. However, the failure of the government to provide adequate accommodation, as well as the criminalizing irregular migration and sending unsuccessful asylum seekers for resettlement in Rwanda, have come at a significant human and financial cost at a time when the country is facing a cost of living crisis.

The huge backlog in asylum claims has made processing lengthy, with major cost implications as many asylum seekers are currently being housed in hotels while they await processing. Almost 24,000 people have made the trip this year, adding to the record backlog and heaping pressure on ministers who promised to "take back control" of UK borders after leaving the European Union.

The Bibby Stockholm barge at Falmouth docks in Cornwall, July 8, 2023 | Photo: Matt Keeble/empics/picture alliance
The Bibby Stockholm barge at Falmouth docks in Cornwall, July 8, 2023 | Photo: Matt Keeble/empics/picture alliance

In March of this year, the Refugee Council published its assessment of costs relating to the implementation of the UK's Illegal Migration Bill. The report, which was based on available data related to migration and detention costs, stated that the legislation could cost the government over €10 billion just for accommodation over the next three years.

The human rights concerns surrounding housing, the Rwanda plan and the 'stop the boats' policies will also expose the government to further legal challenges under both national and international law.

The government, which is currently languishing in the polls, has been struggling to stem the flow since Brexit of boat crossings from mainland Europe.

Also read: Housing asylum seekers in hotels is costing the UK £8 million per day

Avoiding the real issues

Braverman, a lawyer who has criticized the European Convention on Human Rights (ECHR) for blocking the Rwanda scheme, also condemned the ECHR in her address today. She stated that a system where "people are able to travel through multiple safe countries... while they pick their preferred destination to claim asylum, is absurd and unsustainable."

The Refugee Council said the UK should instead be "addressing the real issues in the asylum system, such as the record backlog, and providing safe routes for those in need of protection" rather than taking aim at the UN convention.

Home affairs spokesperson for the opposition Labour Party, Yvette Cooper, accused Braverman of having "given up on fixing the Tories' asylum chaos" and is "looking for anyone else to blame."

While in the United States, Braverman is meeting US Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland for talks on migration, among other topics.

Also read: UK relaxes visa rules for foreign construction workers

With AFP