The United Nations Human Rights Committee has issued a damning ruling against Australia for violating the rights of asylum seekers held in detention on the Pacific island of Nauru. The committee’s findings, published Thursday, spotlight two cases involving 25 refugees and asylum seekers subjected to years of arbitrary detention. Among the victims were minors who endured deplorable conditions, including insufficient water, poor healthcare, and overcrowded facilities.
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The UN panel, consisting of 18 independent experts, found that Australia breached provisions of the 1966 International Covenant on Civil and Political Rights. These included the right to freedom from arbitrary detention and the right to challenge detention in court. In a statement accompanying the ruling, committee member Mahjoub El Haiba stressed, “A state party cannot escape its human rights responsibility when outsourcing asylum processing to another state.”
Australia’s Offshore Processing Policy Under Scrutiny
Since 2012, Australia has implemented a controversial policy of outsourcing asylum processing to detention centers on Nauru and Papua New Guinea’s Manus Island. These centers housed thousands of migrants intercepted while attempting to reach Australia by boat. The government justified the policy as a deterrent against illegal immigration. However, the UN watchdog categorically rejected Australia’s argument that human rights abuses occurring in Nauru fell outside its jurisdiction.
The committee pointed out that Australia exercised significant control and influence over Nauru’s regional processing center, effectively making it accountable. “The outsourcing of operations does not absolve states of accountability. Offshore detention facilities are not human rights-free zones,” El Haiba emphasized.
Harrowing Accounts of Detainees
The first case reviewed by the committee involved 24 unaccompanied minors from Iraq, Iran, Afghanistan, Pakistan, Sri Lanka, and Myanmar. Intercepted at sea and transferred to Nauru in 2014, the children endured extreme heat, poor sanitation, and inadequate healthcare. Many suffered from weight loss, depression, self-harm, and other health issues. Despite being granted refugee status later that year, they remained detained in unsuitable conditions.
The second case involved an Iranian asylum seeker who arrived on Christmas Island with her family in 2013. She was later transferred to Nauru and recognized as a refugee in 2017 but remained in detention until a medical transfer to Australia in 2018. The committee ruled that her prolonged detention lacked justification and violated international law.
Calls for Compensation
The UN committee urged Australia to compensate the victims and implement measures to prevent similar violations in the future. While the committee’s rulings are not legally binding, they carry significant reputational weight, especially for countries claiming adherence to human rights norms.
Australia’s Response and International Implications
A spokesperson for Australia’s Department of Home Affairs responded to the ruling, stating, “It has been the Australian government’s consistent position that Australia does not exercise effective control over regional processing centers.” The statement also reaffirmed Nauru’s partnership in managing the facilities. However, the UN committee’s decision undermines this defense, emphasizing Australia’s accountability.
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The ruling comes as several European nations consider adopting similar offshore processing policies. The committee’s findings serve as a stark warning to states contemplating such measures: where there is effective control, there is responsibility.