UNESCO RILA Statement on the National and Borders Act 2022

Published: 3 May 2022

UNESCO RILA joins with UNHCR in expressing deep regret that the Nationality and Borders Bill has gained Royal Assent and passed into UK law

The UNESCO Chair for Refugee Integration through Languages and the Arts (UNESCO RILA) at the University of Glasgow joins with UNHCR in expressing deep regret that the National and Borders Act 2022 has now gained Royal Assent and passed into UK law. 

We share the view of United Nations High Commissioner for Refugees, Filippo Grandi, that this “ risks dramatically weakening a system that has for decades provided protection and the chance of a new life to so many desperate people.” 

In our work we see the day-to-day positive impact of the UK’s decision to sign the 1951 Refugee Convention and to uphold its principles and provisions for those who seek asylum and for those who are granted refugee status. In particular we see the rich ways in which all communities are given the opportunity to grow in diversity and culture interculturally, through the provisions in the New Scots Refugee Integration Strategy: 

Vision 

For a welcoming Scotland where refugees and asylum seekers are able to rebuild their lives from the day they arrive. 

To achieve this vision, we will work to ensure that Scotland: 

  • Is a place of safety for everyone, where people are able to live free from persecution as valued members of communities. 
  • Enables everyone to pursue their ambitions through education, employment, culture and leisure activities. 
  • Has strong, inclusive and resilient communities, where everyone is able to access the support and services they need and is able to exercise their rights. 
  • Is a country that values diversity, where people are able to use and share their culture, skills and experiences, as they build strong relationships and connections. 

The New Scots strategy sees integration as a long-term, two-way process, involving positive change in both individuals and host communities, which leads to cohesive, diverse communities.” 

This vision is fundamentally undermined by the Nationality and Borders Act.  

The UNESCO RILA team has offered sustained expert consultation and critique of the UK Government’s proposal to introduce The Nationality and Borders Act. UNESCO RILA has worked collaboratively and across the University, legal, public, and third sectors to contest several key principles which are breached by the new Act. The Chairholder has convened an expert group, including experts by experience, from the Royal Society of Edinburgh and co-authored both an Advice paper and been part of an expert panel. In addition, UNESCO RILA team members have responded as experts by experience and experts in research with many contributions to both broadsheet and broadcast media. Our researchers have worked tirelessly on expanding the scope of the Act to include – for example – the Right to Work for those seeking asylum. 

UNESCO RILA PhD Scholarship holder Pinar Aksu said of her work leading the Lift the Ban coalition 

"I am deeply disappointed with the Nationality and Borders Bill passing. The bill will not create a fair and just system, it will criminalise people, and create offshore detention. Although it was very difficult watching the debate at House of Commons and Lords, seeing the resistance was powerful. Especially, from Baroness Stroud and Baroness Lister for the amendment on Right to Work for people seeking asylum. The journey to justice and solidarity continues." 

Dr Hyab Yohannes, Research Associate and former UNESCO RILA PhD student said: 

"The Nationality and Borders Bill has already enacted a distorted and yet wretched reality. It has further tightened the already tight noose around the necks of people seeking refuge. People who survived multiple ordeals and continue to suffer from physical and mental injuries are now destined to exile in a necropolitical continuum where life and death are inseparable. We must act and speak out against the dehumanisation of those seeking refuge, or our humanity will also vanish." 

UNESCO RILA affirm the need for urgent, humane reforms of the asylum system in the UK; the respect for human dignity as well as international human rights, and for pathways for restorative integration, de-linked from violence, including that of the state, and reversing destituting processes towards abundance of life and a Scotland where all can flourish. 

We acknowledge the great efforts of the Together with Refugees Coalition, led by University of Glasgow Honorary Graduate Dr Sabir Zazai, CEO of Scottish Refugee Council, and also by legal experts in JustRight Scotland for their work in leading the work of advocacy and legal opinion on the implications of the Act in Scotland and internationally. Finally, however, we must thank the many living in the asylum and refugee systems themselves for their courage, tenacity and for voicing their anger as their rights have been removed.  

Kia kaha, kia maia, kia manawanui. Be Strong. Be Steadfast. Be Willing.   


First published: 3 May 2022

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