Refugees for Sale: The Rwanda-UK Deal and The Erosion of International Refugee Law

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DOI: https://doi.org/10.5281/zenodo.20069477

Nancy Musoka and Kizito Sabala (Department of Diplomacy and International Studies (DDIS), University of Nairobi, Kenya)

Current global statistics show over 36 million officially recognized refugees and 110 million forcibly displaced people. This paper discusses the international refugee law and the challenges: ambiguity, enforcement gaps and externalization, having been identified to weaken international refugee protection. An analysis of the 2022 Migration and Economic Development Partnership between the United Kingdom and Rwanda (the Rwanda Deal) is used to explain the plight of refugees, the role of treaties in refugee exploitation and weakening the principle of non-refoulement which protects refugees from maltreatment and oppression. The Rwanda Deal seeks to resettle asylum seekers from the UK to Rwanda, helping control irregular refugees accessing the UK illegally. While the 2023 UK Supreme Court ruling declared the agreement unlawful, the UK government legalized the policy through domestic legislation, thereby bypassing international law. Major parts of this paper examine the normative and legal frameworks supporting refugee protection, including overlaps with humanitarian and human rights law. Additionally, the paper evaluates the Rwandan Deal by studying the dynamics of current laws while contextualizing it within historical precedents. Lastly, there is a reflection on long-term implications of externalization and its legalization, arguing that such policies cause the regressive trend in global migration governance and increased commodification of vulnerable refugees. In conclusion, the paper notes that unless supported by accountability mechanisms and international legal coherence, such practices will continue to undermine the international law and its role in human rights protection among refugees.