A/HRC/14/30/Add.3
Human Rights and Fundamental Freedoms. The United Kingdom is also a party to several
of the protocols to that Convention, although it is yet to ratify Protocol No. 12 on the
prohibition of discrimination. The State has signed the (revised) European Social Charter
but is yet to ratify regional instruments strengthening the human rights protection of
migrant workers.25 The State is a party to the Council of Europe Convention on Action
against Trafficking in Human Beings, which it ratified in December 2008.
B.
The national legal and institutional framework
17.
The United Kingdom, a constitutional monarchy and parliamentary democracy,
comprises England, Northern Ireland, Scotland and Wales. The Westminster Parliament
legislates on certain matters that affect the whole of the United Kingdom and some acts of
Parliament (including the Human Rights Act of 1998) apply throughout the State. The
United Kingdom Crown Dependencies and Overseas Territories are not part of the territory,
but the United Kingdom is responsible for their external affairs.26
18.
Migration is managed by both the Home Office and the Foreign and Commonwealth
Office. The Home Office, through the UKBA, is responsible for securing and managing the
borders and enforcing immigration and customs regulations. The Foreign and
Commonwealth Office manages migration from a foreign affairs perspective, including the
management of embassies and consulates worldwide, and works in partnership with the
UKBA to achieve common strategic goals in migration governance.
19.
The three national human rights institutions in the United Kingdom (England,
Northern Ireland and Scotland) and the four children’s commissioners (England, Northern
Ireland, Scotland and Wales) have widely supported the protection of human rights in the
context of migration, as described in section IV below.
20.
Within the judiciary, the Special Immigration Appeals Commission, a superior
tribunal, deals with appeals against decisions made by the Home Office to deport foreign
nationals on grounds of national security or for reasons of public interest. The
Commission’s procedures allow it to examine all deportation-related evidence, including
highly classified material, without jeopardizing the source through unauthorized
disclosure.27 With the new reform, the Commission’s decisions may be reviewed by the
Upper Tribunal.
Immigration law and policy
21.
The key legal instrument regulating immigration in the United Kingdom is the
Immigration Act 1971. The current legal framework for immigration is complex and
includes a wide range of legal instruments yet to be consolidated in a single text, such as
the Immigration (Carrier’s Liability) Act 1987; the Immigration Act 1988; the Asylum and
Immigration Appeals Act 1993; the Asylum and Immigration Act 1996; the Special
Immigration Appeals Commission Act 1997; the Immigration and Asylum Act 1999; the
Nationality, Immigration and Asylum Act 2002; the Asylum and Immigration (Treatment
of Claimants, etc.) Act 2004; the Immigration, Asylum and Nationality Act 2006; the UK
Borders Act 2007 and the Borders, Citizenship and Immigration Act 2009.
25
26
27
GE.10-12095
The European Convention on the Legal Status of Migrant Workers, together with the (revised)
European Social Charter (arts. 18 and 19 in particular) and the European Convention on Social
Security strengthen the protection of migrant workers in Europe.
See A/HRC/WG.6/1/GBR/1, paras. 4–5.
Ibid., para. 90
7