Australia violated human rights treaty with Nauru detainees, UN committee finds

A United Nations committee has determined that Australia violated human rights treaties by detaining a group of asylum seekers, including minors, on Nauru, even after they were granted refugee status and not released. Under Australia's immigration policy, since 2013, people attempting to reach the country by boat have been sent to detention centers, including on Nauru, for so-called "offshore processing." These facilities have previously been under scrutiny from human rights organizations.

The UN Human Rights Committee oversees the legally binding 1966 International Covenant on Civil and Political Rights. The committee reviewed Australia’s actions in response to a complaint from a group of refugees and determined that Australia had violated two provisions of the treaty: one concerning arbitrary detention and another concerning the right to challenge detention in court. The committee has demanded that the Australian government provide compensation to the victims and ensure that similar violations do not occur again.

Committee member, Mahjoub El Haiba, stated, "Outsourcing does not exempt a state from its responsibility. Offshore detention facilities are not human rights-free zones for states parties, which remain bound by the terms of the Covenant." In a statement, the Australian Department of Home Affairs said the federal government's position has always been that "Australia does not exercise effective control over regional processing centers." The statement also noted that "Nauru, as a sovereign nation, continues to exercise jurisdiction within its territory over regional processing arrangements (and individuals subject to those arrangements)."

A spokesperson for the department said that Australia's international obligations do not apply to transferees “outside Australia or its effective control”. The UN committee's findings stem from a complaint made to the committee in 2016 by 24 asylum seekers from Iraq, Iran, Afghanistan, Pakistan, Sri Lanka, and Myanmar. These individuals were intercepted in 2013 while attempting to reach Australia by boat, and were between the ages of 14 and 17 at the time. This group of unaccompanied minors were transferred from Christmas Island to Nauru in 2014, where they were held in overcrowded regional processing centers lacking adequate water and healthcare.

The UN statement said that almost all of the minors experienced deteriorating health, including weight loss, self-harm, kidney problems, and insomnia. The statement also said that even though all but one of the group were granted refugee status, they remained detained on Nauru. The statement did not specify the total length of their detention, nor did it provide information on their identities or current whereabouts. Australia argued that there was no evidence that the alleged violations occurred within Australia's jurisdiction. However, the committee argued that the Nauru facilities fell under Australia's jurisdiction, citing Australia's role in building and funding the facilities. In a second case submitted to the same committee, the committee found that an Iranian refugee detained on Nauru had also been subjected to arbitrary detention.