Rwanda: No Obligation to Compensate UK for Terminated Deal

Background

In April 2022, the UK announced a controversial deal with Rwanda to send asylum seekers and migrants who arrive in the UK illegally to Rwanda for processing and resettlement. The deal was widely criticized by human rights groups and opposition politicians, who argued that it was inhumane and would violate international law.

Rwanda’s Position

Rwanda’s government has consistently maintained that it has no obligation to compensate the UK for terminating the deal. In a statement released in June 2022, the Rwandan government said that it had acted in good faith and had fulfilled all its obligations under the agreement. The statement also said that the UK had unilaterally terminated the agreement and that Rwanda was not responsible for any costs incurred by the UK as a result of this termination.

UK’s Position

The UK government has argued that Rwanda is obligated to compensate the UK for the costs incurred in implementing the deal. In a letter to the Rwandan government, the UK government said that it had incurred significant costs in preparing to implement the agreement and that Rwanda was liable for these costs. The letter also said that the UK government was considering all options to recover these costs.

Legal Basis

The legal basis for the UK’s claim for compensation is unclear. The agreement between the UK and Rwanda does not contain any provisions regarding compensation in the event of termination. International law does not generally require states to compensate each other for terminating agreements, unless there is a specific provision in the agreement or under international law.

Possible Outcomes

There are several possible outcomes to this dispute. The UK and Rwanda could reach a negotiated settlement, in which Rwanda agrees to pay some or all of the costs incurred by the UK. Alternatively, the UK could bring a case against Rwanda in an international court or tribunal. However, it is likely that such a case would be unsuccessful, as there is no clear legal basis for the UK’s claim for compensation.

Conclusion

The dispute between the UK and Rwanda over compensation for the terminated deal is likely to continue for some time. The outcome of the dispute will depend on the legal arguments presented by both sides and the willingness of the parties to reach a negotiated settlement.