Australia Accused of Violating Asylum Seekers’ Rights

Australia Accused of Violating Asylum Seekers’ Rights

GENEVA:
Australia has been found to have violated the rights of asylum seekers detained on the island of Nauru, a ruling made by a UN committee on Thursday. The UN Human Rights Committee examined two cases involving 25 refugees and asylum seekers who endured years of arbitrary detention in Nauru, a practice that has raised concerns globally regarding outsourcing asylum processing.

The committee, composed of 18 independent experts, concluded that Australia violated the rights of the migrants, including minors, who were subjected to insufficient water, healthcare, and other basic needs during their detention. The committee emphasized that no country can avoid its human rights obligations by outsourcing asylum processing to another state.

The committee’s ruling urged Australia to offer compensation to the affected individuals and implement measures to prevent future violations. While the committee’s decisions hold significant moral and reputational weight, it cannot enforce compliance. The Australian government responded by stating it would consider the committee’s findings and provide a response in due course, reiterating its position that it does not exercise control over the processing centres on Nauru.

Australia’s harsh asylum policy, implemented in 2012, involved sending migrants intercepted at sea to offshore processing centres, including those on Nauru and Papua New Guinea’s Manus Island. Despite arguments from Australia that it did not exercise jurisdiction over the Nauru detention centre, the UN committee found that the country had substantial control and influence over the operations on the island.

This decision is significant as several European nations have been exploring similar offshoring of asylum processes, and the UN committee’s stance serves as a reminder that outsourcing such operations does not absolve countries of their human rights responsibilities.

The cases under review included 24 unaccompanied minors, who were detained in 2014 at the overcrowded Nauru facility. These minors, originating from countries such as Iraq, Afghanistan, and Myanmar, endured poor living conditions and severe physical and mental health deterioration, including self-harm and depression. Despite being granted refugee status, they remained in detention on the island.

Another case involved an Iranian asylum seeker transferred to Nauru after being intercepted at sea, where the conditions of detention were similarly inadequate.

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