Geneva, UN experts have raised concerns about the involvement of airlines and aviation authorities in facilitating potentially unlawful removals to Rwanda under the UK-Rwanda Agreement and the ‘Safety of Rwanda’ Bill.

According to Office of the High Commissioner for Human Rights, the UN experts stated that even if the agreement and the bill were approved, airlines and aviation regulators could be complicit in violating human rights and court orders by aiding removals to Rwanda. The experts highlighted that such removals could expose asylum-seekers to the risk of refoulement, violating the right to be free from torture or other cruel, inhuman, or degrading treatment.

In November 2023, the UK Supreme Court ruled that removals to Rwanda would contravene Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment. The UN experts emphasized that if airlines and aviation authorities implement State decisions that breach human rights, they should be held accountable for their actions.

The UN Guiding Principles on Business and Human Rights underscore that aviation regulators, international organizations, and business actors must respect human rights. UN Guiding Principle 13 prohibits companies from contributing to human rights abuses, while Guiding Principle 23 mandates businesses to respect international human rights laws and treat the risk of contributing to gross human rights abuses as a compliance issue.

The UN experts have engaged with the UK Government, European and international aviation regulators, including the UK Civil Aviation Authority, the European Union Aviation Safety Agency, and global bodies such as the International Air Transport Association and the International Civil Aviation Organization. They have expressed their concerns and reminded these organizations of their responsibilities. Their previous engagement on this issue included communication on the UK-Rwanda Agreement, a press release related to draft legislation, and a court intervention in the Court of Appeal.