Policy paper

Addendum to the Memorandum of Understanding

Updated 6 April 2023

Addendum to the Memorandum of Understanding

Between

The Government of the United Kingdom of Great Britain and Northern Ireland

And

The Government of the Republic of Rwanda

For the Provision of a Partnership Arrangement to strengthen shared international commitments on the protection of refugees and migrants

This document is an addendum to the Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) and the Government of the Republic of Rwanda (“Rwanda”), together the Participants and in singular the Participant, signed on 13th April 2022. The Participants,

WISHING to continue the excellent bilateral relations between both countries and to develop new and evolving ways of addressing the illegal migration challenge, including bridging gaps in human capital, in order to counter the business model of the human smugglers, preventing people from taking dangerous journeys thereby preventing injury and loss of life, and protecting the most vulnerable;

REAFFIRMING the commitments of both Participants under the arrangement to facilitate co-operation between the Participants in order to contribute to the prevention and combating of illegally facilitated and unlawful cross border migration, in a way that will also allow anyone with genuine protection needs to seek and be provided with safety and supported with opportunities to build a new life;

HAVING regard to the Participants’ commitment to upholding fundamental human rights and freedoms without discrimination, as guaranteed by the Participants’ national legislation, by their strong histories of implementing the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees and by their other respective international legal obligations;

CONSIDERING the United Kingdom’s desire to encourage asylum seekers to claim asylum in the first safe country they reach and deter dangerous onward travel and subsequent illegal entry;

CONSIDERING the United Kingdom’s desire to respond to the current challenges presented by illegal migration and apply the principle of the partnership to all individuals who enter or arrive in the UK illegally regardless of whether they have made a protection claim, human rights claim or claim to be a victim of modern slavery or human smuggling and have not come directly from a territory where their life and freedom was threatened;

REAFFIRMING the commitment to support people in need of protection through safe and legal routes, the United Kingdom will seek to maintain such routes and create more to redress the balance between illegal and legal migration routes;

CONSIDERING Rwanda’s commitment to finding long-term solutions to the major challenge of illegal migration caused by the global imbalance in human capital that drive economic migrants to make perilous journeys. Rwanda will be providing development opportunities to migrants and Rwandans through sustainable bilateral partnerships;

DECIDED as follows:

1 Introduction, Definitions and Interpretations

1.1 In this Addendum Arrangement:

a. “Addendum Arrangement” means this Addendum Memorandum of Understanding to the Arrangement.

b. “Arrangement” means the Memorandum of Understanding between the United Kingdom and Rwanda signed on 13th April 2022.

c. “Joint Committee” means the committee established under paragraph 21 of the Arrangement.

d. “Relocate” means the removal of an individual from the United Kingdom to Rwanda under this Addendum Arrangement.

e. “Relocated Individual” means an individual who is being or has been removed from the United Kingdom and that the Participants have agreed is to be or has been relocated to Rwanda under the provisions of this Addendum Arrangement.

1.2 References to the singular include the plural, and vice versa.

1.3 References in this Addendum Arrangement to Paragraphs are references to the clauses and sub-clauses of this Addendum Arrangement unless otherwise specified.

1.4 The headings in this Addendum Arrangement are for ease of reference only and will not affect the interpretation or construction of the Addendum Arrangement.

1.5 Any references to policy bulletins, enactments, orders, statutes, rules, regulations or other similar instruments will be construed as a reference to the policy bulletin, enactment, order, statute, rules, regulation or instrument as amended or replaced by any subsequent policy bulletin, enactment, order, statute, rules, regulation, or instrument.

1.6 This Addendum Arrangement will not be binding in international law.

2 Objectives

2.1 The objective of this Addendum Arrangement is to create a mechanism for the relocation to Rwanda of individuals arriving illegally in the United Kingdom, who do not make an asylum claim or raise a formal application for protection in the United Kingdom, with the aims of:

2.1.1 deterring dangerous and illegal journeys which are putting people’s lives at risk;

2.1.2 disrupting the business model of people smugglers who are exploiting vulnerable people;

2.1.3 providing an option for people who desire asylum or protection to make such a claim in Rwanda or otherwise make another type of immigration application in accordance with Rwandan domestic law, the Refugee Convention, current international standards, including in accordance with international human rights law.

2.2 For the avoidance of doubt, the commitments set out in this Addendum Arrangement are made by the United Kingdom to Rwanda and vice versa and do not create or confer any right on any individual, nor shall compliance with this Addendum Arrangement be justiciable in any court of law by third-parties or individuals.

Part 1 : Relocation arrangements

3 Details of relocation arrangements

The Participants will make arrangements for the relocation of Relocated Individuals under this Addendum Arrangement in the same manner as provided for individuals in Part 1 of the Arrangement.

Part 2: Responsibilities of the participants

4 Application of the terms of the Arrangement

4.1 Paragraphs 4 to 8, 11, 12, 14 and 17 of the Arrangement will apply in respect of Relocated Individuals and their relocation under this Addendum Arrangement in the same manner as those provisions apply in respect of those relocated and their relocation under the Arrangement, except that the reference in paragraph 5.1 to “asylum seekers” will be read as “individuals”.

4.2 Personal data shared between the Participants for the purpose of relocation of individuals or to give effect to this Addendum Arrangement will be subject to the same controls and safeguards as personal data shared under the Arrangement. In particular, Part 3 and Annex A of the Arrangement will have effect.

5 Assurances as to treatment of Relocated Individuals under this Addendum Arrangement

5.1 Rwanda will provide Relocated Individuals arriving under the terms of this Addendum Arrangement with information detailing how to raise a claim for asylum or humanitarian protection upon arrival and adequate opportunity to raise such a claim.

5.2 In the case of a Relocated Individual who raises an asylum or humanitarian protection claim once they have arrived in Rwanda, the assurances and processes set out in paragraphs 9.1.1 to 9.1.3 and paragraph 10 of the Arrangement will be followed in the case of the Relocated Individual.

5.3 In the case of a Relocated Individual who does not raise an asylum claim or a protection claim in Rwanda, Rwanda will:

5.3.1 offer an opportunity for the Relocated Individual to apply for permission to remain in Rwanda on any other basis in accordance with its domestic immigration laws and ensure the Relocated Individual is provided with the relevant information needed to make such an application;

5.3.2 ensure the Relocated Individual has the same rights as other individuals making an application under Rwandan immigration laws;

5.3.3 provide adequate support and accommodation for the Relocated Individual’s health and security until such a time as their status is regularised or they leave or are removed from Rwanda; and

5.3.4 for those Relocated Individuals who have no basis upon which to remain in Rwanda, only remove such a person to a country in which they have a right to reside. If there is no prospect of such removal occurring for any reason Rwanda will regularise that person’s immigration status in Rwanda.

6 Monitoring of assurances

6.1 Implementation of the assurances in this Addendum Arrangement will be monitored by the Joint Committee and the Monitoring Committee established under the Arrangement in the same way those Committees monitor the implementation of the assurances in the Arrangement.

6.2 The access and other arrangements in paragraph 13 of the Arrangement will apply equally to monitoring of the relocation of Relocated Individuals under this Addendum Arrangement.

Part 3: Financial arrangements

7 Financial arrangements

The Participants will make financial arrangements in support of the relocation of individuals prior to any relocations under this Addendum Arrangement.

Part 4: Other arrangements

8 Amendments to the Addendum Arrangement

This Addendum Arrangement may be amended by the written consent of both Participants.

9 Disputes

The Participants will make all reasonable efforts to resolve between them all disputes concerning this Addendum Arrangement. Neither Participant will have recourse to a dispute resolution body outside of this.

10 Duration and Effect

10.1 This Addendum Arrangement will last for the duration of the Arrangement, unless it ceases to have effect by virtue of paragraph 10.3.

10.2 During any period referred to in paragraph 23.3.1 and paragraph 23.3.2 of the Arrangement, the terms of this Addendum Arrangement will continue to apply in relation to a Relocated Individual who has been relocated in accordance with its provisions.

10.3 This Addendum Arrangement will cease to have effect upon agreement by both Participants.

11 Coming into effect

This Addendum Arrangement will come into effect upon signature by both Participants.

In witness whereof, the undersigned, being duly authorised thereto by the respective Governments, have signed this Arrangement.

Signed in Kigali, 18 March 2023

The Government of the United Kingdom of Great Britain and Northern Ireland

The Rt Hon Suella Braverman MP, Secretary of State for the Home Department

The Government of the Republic of Rwanda

Vincent Biruta, Minister for Foreign Affairs and International Co-Operation