Guidance

Monitoring Committee: terms of reference (TOR)

Published 2 September 2022

Monitoring Committee: terms of reference (TOR)

Type / nature: an advisory, independent committee.

Purpose

The Monitoring Committee (MC), acting on behalf of the Joint Committee (JC), will play an important role in monitoring the end-to-end relocation of individuals from the UK to Rwanda.

It will provide an independent quality control assessment of conditions against the assurances set out in the memorandum of understanding (MOU) 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 an asylum partnership arrangement (the MOU) and note verbales (NV) on reception and accommodation, asylum process and operational process between the UK and Rwanda government. It will report its findings and where appropriate make recommendations to the JC.

Scope

In accordance with the MOU, the MC will monitor all areas of the relocation process covered by the MOU (and NV) both in the UK and Rwanda. Any priorities for areas to be monitored will be jointly agreed with the JC on an annual basis and recorded in an annual plan. Changes to this plan would need agreement between the JC and MC.

Authority

The MC is formed under paragraph 15 of the MOU. In accordance with paragraph 13 and 15 of the MOU, the MC has unfettered access for the purposes of completing their assessments and reports. This includes the ability to make unannounced visits to accommodation, asylum processing centres and any other locations where documents relating to relocated individuals or their claims and appeals is held.

Membership

In accordance with paragraph 15 of the MOU, the MC will be comprised of persons independent of both participants.

For the purpose of establishing the Committee’s initial membership, Rwanda and the UK will each propose 3 persons to become committee members. These nominations will be considered and agreed by the co-chairs of the JC.

Monitoring process

In accordance with paragraph 15 of the MOU, the MC will report upon the participants’ implementation of understandings set out in the MOU. It will monitor the entire relocation process from the beginning, and the conditions it will report on will include the initial screening, reception conditions, accommodation, processing of asylum claims and treatment and support of relocated individuals at all times.

The MC will carry out its monitoring function largely gathering information through field visits.

In accordance with paragraphs 13 and 15 of the MOU, the MC will have unfettered access for the purposes of completing assessments and reports.

The MC will be facilitated upon request to access documents relevant to the relocated individuals’ or their claims.

The details of the information gathering work will be set out in an annual monitoring plan to be agreed with the JC, but as a minimum will assess of compliance with the assurances in the MOU and NVs in accordance with the paragraph above. The JC will agree and set out minimum levels of assurance.

Indicative minimum levels of assurance:

  • 3 visits to the UK to see the selection process
  • attending 3 boarding and 3 disembarkations
  • 10 visits to accommodation and reception centres
  • 3 visits to health facilities and education
  • attending 5 induction sessions
  • monitoring the status of people relocated to Rwanda (captured through the quarterly reporting process)
  • attend education and language training sessions
  • attending Refugee Status Determination Committee hearings
  • review a sample (10%) of complaints (including a sample of serious incidents)
  • attending asylum ministerial appeals
  • interviewing on a voluntary basis a sample of 1 in 10 transferees at various stages of the process (this cohort would expand over time)
  • reviewing the paperwork and process for a 10 per cent sample relocations

Meeting arrangements

The MC will meet at least twice a year, but 4 times in the first year that it is established.

Deliverables

The MC will highlight any areas of concern immediately to the co-chairs of the JC.

It will otherwise produce formal written report for the JC on a quarterly basis over the first 2 years of the partnership setting out its findings and making any recommendations.

Once a year it will produce a summary report for publication.

Resources and budget

The partnership will allocate to the MC an annual budget.

The MC will have secretariat support performed in conjunction with the JC.

Review

These TORs will be reviewed every year by the JC and published by the partners.

Alongside this, joint assessment by the Joint and Monitoring Committee of whether the TORs have been properly met.