A/HRC/41/54/Add.2
56.
The Government’s underlying immigration enforcement strategy relies on private
citizens and civil servants to do front-line immigration enforcement, effectively
transforming places like hospitals, banks and private residences into border checkpoints. In
the context of national economic and security anxiety, in which racial and ethnic minorities
(including and especially those who are refugees and migrants) have been the popular
scapegoats for a wide range of societal ills. The Government must urgently abandon this
strategy. Under such conditions, racial and religious profiling in the exercise of
immigration enforcement by private citizens and civil servants is a predictable and arguably
incentivized outcome. To be clear, international law, including international human rights
law, protects national sovereignty, including in the area of immigration enforcement.
However, where the strategy for immigration enforcement is so overbroad, and foreseeably
results in the exclusion, discrimination and subordination of groups and individuals on the
basis of their race, ethnicity or related status, such a strategy violates international human
rights law and undermines the Government’s stated commitments to racial equality.
57.
The hostile environment policy described above will remain in place for as long as
the legal and policy frameworks rooted in the Immigration Acts 2014 and 2016 remain in
place. Shifting from the rhetoric from “hostile environment” to “compliance environment”
will have little effect if the underlying legislative framework remains intact. Efforts such as
eliminating deportation targets can achieve only slight cosmetic changes to an immigration
enforcement regime that has permeated almost all aspects of social life in the United
Kingdom. It is important to underscore that a hostile environment ostensibly created for,
and formally restricted to, irregular immigrants is, in effect, a hostile environment for all
racial and ethnic communities and individuals in the United Kingdom. This is because
public and private actors continue to deploy race and ethnicity as proxies for regular
immigration status. Even where private individuals and civil servants may wish to
distinguish among different immigration statuses, it is likely that many are confused among
the various categories and thus err on the side of excluding all but those who can easily and
immediately prove that they are British or those whose White ethnicity confers upon them
presumed Britishness in certain contexts.
58.
It should be noted that there are significant differences between England and the rest
of the United Kingdom in terms of approaches and openness to immigration. Asylum and
immigration are not devolved matters and remain reserved powers of Westminster.
However, the devolved nations have responsibility for the implementation of integration
policies and the delivery of basic services to asylum seekers and refugees. In her
consultation with local authorities in Wales, Northern Ireland and Scotland, the Special
Rapporteur generally encountered more human rights-based approaches to immigration
among government authorities in the devolved nations. For example, on 22 March 2018 the
Welsh parliament launched a consultation on a draft plan for refugees and asylum seekers 89
to seek views on proposals intended to develop and improve access to help, advice and
services for people seeking sanctuary across Wales. The consultation also included
proposals aimed at tackling inequality and poverty experienced by communities.
59.
In Scotland too authorities and politicians have promoted a more welcoming and
human rights-based approach to integration. The New Scots Refugee Integration Strategy
2018–2022 outlines a vision of a welcoming Scotland that supports the early integration of
refugees and asylum seekers from the moment of their arrival. The Strategy adopts a rightsbased approach and emphasizes the importance of ensuring the involvement of refugees
and asylum seekers in shaping the Strategy and its implementation. 90 Although the Special
Rapporteur was informed about certain difficulties in implementing the Strategy in practice,
interlocutors appreciated that the Strategy is a departure from the rhetoric and policies of
the hostile environment.
89
90
16
https://beta.gov.wales/sites/default/files/consultations/2018-11/181116-nation-of-sanctuaryresponses.pdf.
https://www.gov.scot/publications/new-scots-refugee-integration-strategy-2018-2022/.