The United Nations Human Rights Committee has determined that Australia breached international human rights obligations by arbitrarily detaining asylum seekers, including minors, on Nauru. The committee’s findings highlight Australia’s responsibility for the conditions and treatment of detainees in offshore processing centers, despite their location outside Australian territory.
The committee reviewed complaints from 24 asylum seekers from countries such as Iran, Pakistan, and Afghanistan. These individuals were detained on Nauru after being recognized as refugees, enduring harsh conditions with limited access to water and healthcare, leading to deteriorating health and well-being. The committee concluded that Australia was accountable for arbitrary detention and for denying detainees the right to challenge their detention in court.
Australia had contended that it was not responsible for violations occurring outside its jurisdiction. However, the committee emphasized that Australia maintained effective control over the offshore processing facilities in Nauru, thereby bearing responsibility for the human rights of those detained. The committee has called on Australia to provide effective remedies, including compensation, and to take measures to prevent future violations.
This ruling serves as a significant reminder to nations considering outsourcing asylum processing that they cannot evade their human rights obligations by transferring asylum seekers to other jurisdictions. The committee’s decision underscores the importance of ensuring that all asylum seekers are treated with dignity and that their fundamental rights are respected, regardless of where they are processed.
