{"id":2000114156,"date":"2026-06-01T17:40:49","date_gmt":"2026-06-01T15:40:49","guid":{"rendered":"https:\/\/new.igihe.com\/english\/?p=2000114156"},"modified":"2026-06-02T12:15:32","modified_gmt":"2026-06-02T10:15:32","slug":"makolo-dissenting-opinion-shows-rwandas-case-against-uk-had-legal-grounds","status":"publish","type":"post","link":"https:\/\/new.igihe.com\/english\/makolo-dissenting-opinion-shows-rwandas-case-against-uk-had-legal-grounds\/","title":{"rendered":"Makolo: Dissenting opinion shows Rwanda\u2019s case against UK had legal grounds"},"content":{"rendered":"\n

In a statement following the publication of the award by the Permanent Court of Arbitration (PCA) on June 1, Government Spokesperson Yolande Makolo said Rwanda respects the tribunal’s decision and considers the matter closed.<\/p>\n\n\n\n

“While Rwanda respects the Tribunal\u2019s award and considers the matter concluded, we note that the dissenting and separate opinion by Professor Mohamed Abdel Wahab shows that the issues before the Tribunal were complex and open to different legal conclusions, including that the November 2024 exchanges relied on by the UK did not validly change the financial arrangements between the two countries,” Makolo said.<\/p>\n\n\n\n

She added that Rwanda would continue to engage constructively with international partners in accordance with international norms and the principles of mutually beneficial cooperation.<\/p>\n\n\n\n

The arbitration stemmed from a dispute over the Asylum Partnership Agreement signed between Rwanda and the United Kingdom. Rwanda argued that the UK had failed to honour financial and other obligations after the new British government abandoned the migration partnership in 2024.<\/p>\n\n\n\n

At the heart of the dispute was Rwanda’s position that it remained entitled to a \u00a350 million payment due in April 2025 under financial arrangements agreed between the two countries in June 2024. Rwanda also sought compensation related to other obligations under the agreement.<\/p>\n\n\n\n

However, in an award issued on May 15, 2026, the three-member tribunal rejected Rwanda’s claims. By majority, the tribunal dismissed Rwanda’s request for the \u00a350 million Year 2 payment, while unanimously rejecting claims relating to Year 3 funding, alleged breaches of Articles 18 and 19 of the agreement, and requests for compensation. The tribunal also ruled that each party should bear its own legal costs and share arbitration expenses equally.<\/p>\n\n\n\n

Yet the decision was not unanimous on every point.<\/p>\n\n\n\n

Professor Mohamed Abdel Wahab, one of the tribunal’s members, issued a<\/p>\n\n\n\n

dissenting and separate opinion arguing that Rwanda’s central claim regarding the Year 2 payment should have succeeded.<\/p>\n\n\n\n

According to Abdel Wahab, the November 2024 diplomatic exchanges cited by the UK did not constitute a legally binding amendment to the financial arrangements because the mutual consent required under international treaty law was absent. He concluded that the \u00a350 million payment for Year 2 “remains due and payable to Rwanda.”<\/p>\n\n\n\n

The dissent has attracted attention because it underscores that the dispute involved contested legal interpretations rather than a straightforward rejection of Rwanda’s position.<\/p>\n\n\n\n

The tribunal’s findings contrast with arguments presented by Rwanda during hearings held at the Peace Palace in The Hague in March.<\/p>\n\n\n\n

Appearing before the tribunal, Minister of Justice and Attorney General Dr. Emmanuel Ugirashebuja argued that Rwanda had fulfilled its obligations under the Migration and Economic Development Partnership (MEDP) and had acted in good faith throughout the process.<\/p>\n\n\n\n

Rwanda maintained that it undertook significant legal and institutional reforms to implement the agreement, including constitutional amendments, new legislation, the establishment of an appeals mechanism, and the development of reception facilities for migrants and asylum seekers.<\/p>\n\n\n\n

The government also stressed Rwanda’s broader record on refugee protection. During the hearings, Dr. Ugirashebuja highlighted that Rwanda hosts more than 130,000 refugees and asylum seekers and has welcomed displaced people from countries including the Democratic Republic of Congo, Burundi, Afghanistan, Libya and Sudan.<\/p>\n\n\n\n

He argued that Rwanda’s approach is rooted in its own history of displacement and a belief that refugees can contribute economically and socially when given opportunities for integration.<\/p>\n\n\n\n

Rwanda further contended that the UK failed to properly honour commitments made under the partnership after the election of Prime Minister Keir Starmer’s government, which quickly moved to abandon the controversial “Rwanda scheme.”<\/p>\n\n\n\n

\"\"
Rwanda has acknowledged an international arbitration ruling that rejected its claims against the United Kingdom over their abandoned asylum partnership, while emphasising that a dissenting opinion from one of the tribunal’s arbitrators demonstrates that Kigali’s position rested on credible legal foundations.<\/figcaption><\/figure>\n\n\n\n
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The Migration and Economic Development Partnership between Rwanda and UK had been signed in April 2022, before unilateral cancellation.

<\/a>
<\/figcaption><\/figure>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Rwanda has acknowledged an international arbitration ruling that rejected its claims against the United Kingdom over their abandoned asylum partnership, while emphasising that a dissenting opinion from one of the tribunal’s arbitrators demonstrates that Kigali’s position rested on credible legal foundations.<\/p>\n","protected":false},"author":131,"featured_media":2000114157,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[151,69],"byline":[192],"hashtag":[],"class_list":["post-2000114156","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-editors-choice","tag-homehighlights","byline-wycliffe-nyamasege"],"bylines":[{"id":192,"name":"Wycliffe Nyamasege","slug":"wycliffe-nyamasege","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":131}],"contributors":[{"id":192,"name":"Wycliffe Nyamasege","slug":"wycliffe-nyamasege","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":131}],"featured_image":{"id":2000114157,"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","alt":"","caption":"","mime_type":"image\/jpeg","width":800,"height":450,"sizes":{"thumbnail":{"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","width":150,"height":84},"medium":{"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","width":300,"height":169},"medium_large":{"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","width":768,"height":432},"large":{"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","width":800,"height":450},"full":{"url":"https:\/\/new.igihe.com\/english\/wp-content\/uploads\/2026\/06\/vc.jpg","width":800,"height":450}}},"_links":{"self":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/2000114156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/users\/131"}],"replies":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/comments?post=2000114156"}],"version-history":[{"count":1,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/2000114156\/revisions"}],"predecessor-version":[{"id":2000114159,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/2000114156\/revisions\/2000114159"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/media\/2000114157"}],"wp:attachment":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/media?parent=2000114156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/categories?post=2000114156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/tags?post=2000114156"},{"taxonomy":"byline","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/byline?post=2000114156"},{"taxonomy":"hashtag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/hashtag?post=2000114156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}