UN Human Right Committee condemns Australia offshore detention policy

The ASRC welcomes the landmark decisions by the UN Human Rights Committee that Australia is responsible for the arbitrary detention of people who sought safety on our shores, yet successive governments banished them to offshore detention in Nauru and PNG. 

The harm of offshore detention is well documented with over 14 deaths, compensation payouts, child abuse, sexual assault and urgent court injunctions for medical transfer of hundreds of people to Australia. The UN’s decision is inline with what lawyers, medical practitioners and human rights organisations, including the ASRC, have argued for over a decade – that the Australian Government is responsible and holds a duty of care for those we send offshore. This decision is another damning indictment of the human rights failures of our policy of offshore detention.

As stated by Committee member Mahjoub El Haiba, ‘’These decisions send a clear message to all States: Where there is power or effective control, there is responsibility. The outsourcing of operations does not absolve States of accountability. Offshore detention facilities are not human-rights free zones for the State party, which remains bound by the provisions of the Covenant,”.

These decisions and condemnation have increased significance given our continued current practice of sending people who arrive on our shores to Nauru and the brutal new laws which give the Australian Government power to enter arrangements with third parties to send people offshore.

After over a decade, there are 39 men and their families trapped on PNG, who the Australian government exiled to Manus Island detention centre in 2013. 

There are currently approximately 100 people on Nauru with length of time ranging from new arrivals to those who continue to remain there over a year. Most are from transfers early last year and include some already recognised as refugees and most are in the community with a handful in closed detention. 

In line with the UN’s landmark decisions last week, we reiterate the recommendations from the Refugee, Advice and Casework Services (RACs) who initiated one of the complaints.

The Albanese Government must urgently follow the UN’s recommendation to promptly compensate people for violating their human rights, provide permanent protection in Australia for people who are still, after many years, on bridging visas in Australia, many with no pathways to resettlement and end offshore processing.  Additionally, those remaining offshore must be immediately evacuated to Australia and provided with permanent protection.

Quotes attributed to Jana Favero, Deputy CEO

‘’While successive governments have tried to shirk our responsibility by banishing people offshore to Nauru and PNG, we are clearly responsible for their health, wellbeing and safety regardless of where we send them.  A responsibility we have shamefully failed. 

It’s time to end the facade and for the Albanese Government to finally acknowledge our responsibility and end the harm.

Men, women, children, families have all suffered, and continue to suffer at the hands of Australian politicians obsessed with punishing people seeking safety and pretending that our responsibility ends once we send people offshore.’’.

For media queries:
Jana Favero, Deputy CEO
0438 829 651