British Institute of Human Rights releases Joint Civil Society Report to the UN Universal Periodic Review of the UK
The British Institute of Human Rights (BIHR) yesterday evening released its Joint Civil Society Report to the United Nations Universal Periodic Review of the United Kingdom (3rd Cycle).
The 84-page report was produced as part of the BIHR's 'Human Rights Check UK' project, which has been assessing human rights changes since the UK was last reviewed by the UN in 2012. Over 175 civil society organisations contributed to the report.
You can read the full report here.
The BIHR says a key theme across the evidence it received for the report was concern regarding the proposed repeal of the Human Rights Act, with civil society organisations concerned that a replacement Bill of Rights would offer weaker human rights protections, particularly impacting vulnerable members of society.
The report features a short separate section on immigration, asylum and trafficking (see page 28).
Immigration detention was highlighted as a particular concern, with the report noting: "The UK is still the only European country without a time limit on detention. Despite UK Government assurances that detainees are only held for the minimum period necessary, some are held for up to four years."
However, the BIHR welcomed the publication of Stephen Shaw's Review into the Welfare in Detention of Vulnerable Persons and the Government response to it.
Other immigration and asylum concerns raised by the BIHR report were as follows:
"• removing cases on the right to respect for private and family life (Article 8, HRA) in immigration matters from automatic legal aid. Our submissions suggest this may deter valid concerns.
• the 'deport first, appeal later' procedure. Our submissions suggest this may discourage deportees to appeal.
• the requirement on landlords to check tenants' immigration status. Our submissions suggest this may lead landlords to discriminate against people who 'appear' foreign.
• restrictions on appeal rights at the Asylum Support Tribunal.
• the criminalisation of undocumented workers who now face custodial sentences and having their wages seized as 'proceeds of crime'."
Further concerns were:
"• the unnecessarily personal evidence LGBT asylum seekers are asked to produce to ‘prove’ their sexuality
• the treatment of women seeking asylum who have experienced violence, particularly the disparity in treatment of women settled in Europe and those travelling to Europe to seek asylum."
On the subject of trafficking, the report raised concerns over the fact that "victims face significant difficulty in accessing medical, counselling and legal services, which can impact destitution, detention, or re-trafficking."
Among its recommendations, the BIHR says the Government should reform law, policy and practice to ensure immigration detainees' access to justice within the UK, and that it should amend the regressive measures introduced by the Immigration Act 2016.
Page 35 of the report outlines issues with regards to general access to justice and highlights the following key concerns:
• applying for and receiving legal aid (under the ‘LASPO’ law)
• significant tribunal fees increases
• arrangements for funding and approving of judicial review claims
The report states: "There is widespread concern that cuts to legal aid have impacted on the most disadvantaged groups in society, deterring potentially successful legal cases and challenges, and removing sources of advice and support. There is a disproportionate impact on women, children, BME communities, disabled people and people living in poverty."
While the report was written before the recent large increases in immigration tribunal fees, it says the effect of such fees has "negatively impacted access to justice".