Human Rights Council elections 2008 - United Kingdom

Amnesty International is concerned that UK legislation and policy aimed at countering terrorism are undermining the framework of human rights protection both in the UK and internationally.

The UK continues to attempt to deport people whom they assert pose a threat to the UK’s national security to states where they face a real risk of grave human rights violations, including torture or other ill-treatment, in reliance on so-called "diplomatic assurances". The UK asserts that these unenforceable assurances are sufficient to reduce the risk that these individuals will be subject to grave human rights violations.

Appeals against orders for deportation on national security grounds fail to protect the right to a fair hearing, because such appeals are heavily reliant on closed sessions of the court, where secret material is considered in the absence of the individuals concerned and their lawyers of choice.

Also of concern is the system of "control orders", which allow a government minister to impose, subject to limited judicial scrutiny, often severe restrictions on the liberty of individuals who are suspected of involvement in terrorism-related activity, but have not been charged with any criminal offence.  These individuals also face the prospect of having secret information used against them in closed court sessions.

Amnesty International is concerned by the UK authorities' approach to limiting the applicability of obligations under international human rights treaties and domestic human rights law to the conduct of the UK’s armed forces overseas.

The Inquiries Act 2005 undermines the possibility of independent public scrutiny of, and accountability for, violations committed by agents of the UK. The executive retains significant powers over any inquiry conducted under the Act.

Accountability is further frustrated by inadequate oversight of the security and intelligence services. The Intelligence and Security Committee (ISC), which is supposed to oversee the work of these agencies, is appointed by and reports directly to the Prime Minister. Its reports are published subject to his control.

The ISC is not able to conduct the independent investigations needed into the alleged involvement of the intelligence agencies in human rights violations, such as allegations of UK involvement in the US-led programme of secret detentions and renditions.

Amnesty International is also concerned about immigration and asylum laws. NGOs estimate that more than 280,000 refused asylum seekers are destitute in the UK; they are not permitted to work and they no longer receive asylum support. Women who are subject to immigration control and who have experienced violence in the UK, including domestic violence and trafficking, find it almost impossible to access housing benefit or income support, as a result of the "no recourse to public funds" rule.

This rule provides that certain categories of immigrants have no right to access income-related benefits or housing and homelessness support. Consequently, these women do not have access to refuges, and are unable to flee from the violence they face.

Recent Amnesty International statements and reports:

General

Amnesty International Annual Report extracts for United Kingdom, 2005-2007

Counter-terrorism and human rights

UK: Human rights: a broken promise (Report, 23 February 2006)
UK: The death of Jean Charles de Menezes: full and public scrutiny still needed (Public Statement, 1 November 2007)
UK: Time to abandon the policy of ‘deportation with assurances’ (Public Statement, 9 April 2008)

Extraordinary renditions

Partners in crime: Europe’s role in US renditions (Report, 14 June 2006)

Armed conflict and acts of armed forces

UK: Amnesty International’s reaction to Law Lords’ judgment in the Al-Skeini & Others case (Public Statement, 13 June 2007)

Asylum

Down and out in London: The road to destitution for rejected asylum seekers (PDF, 229 KB, 36 Pages – Amnesty International UK Section, November 2006)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/Declarations
International Covenant on Civil and Political Rights (ICCPR) Ratified Art. 41 (inter-state complaints) Entered
Optional Protocol to the ICCPR      
Second Optional Protocol to the ICCPR on the death penalty Ratified    
International Covenant on Economic, Social and Cultural Rights Ratified   Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified   Entered
Optional Protocol to CEDAW Acceded Arts. 8 and 9 (inquiry procedure)  
International Convention on the Elimination of All Forms of Racial Discrimination Ratified None Entered
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Ratified Art. 20 (inquiry procedure) Art. 21 (inter-state complaints) Entered
Optional Protocol to CAT Ratified    
Convention on the Rights of the Child (CRC) Ratified   Entered
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Signed    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families      
International Convention for the Protection of All Persons from Enforced Disappearance      
Rome Statute of the International Criminal Court Ratified   Entered
Convention Relating to the Status of Refugees Ratified   Entered
Protocol Relating to the Status of Refugees Acceded   Entered
The Four Geneva Conventions Ratified    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified   Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem Signed    

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5 -10 years overdue 10 years or more overdue
2 CERD: 18th and 19th periodic reports      

Cooperation with the Special Procedures

Extension of a standing invitation   Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
All Special Procedures None Working Group on the Use of Mercenaries Special Rapporteur on Freedom of religion or Belief (June 2007)
Sources: