The United Nations Human Rights Committee has ruled that Australia violated international law by arbitrarily detaining asylum seekers, including numerous minors, on the remote Pacific island of Nauru, Al Jazeera reports.
The committee’s decision highlights the controversial practice of “offshore processing” and its impact on the fundamental rights of vulnerable individuals.
The UN watchdog found that Australia had breached two key provisions of the International Covenant on Civil and Political Rights by keeping 25 refugees and asylum seekers in detention for years, even after they were granted refugee status. The violations included the denial of the right to challenge their detention in court and the imposition of arbitrary detention.
“A state party cannot escape its human rights responsibility when outsourcing asylum processing to another state,” said committee member Mahjoub El Haiba, emphasizing the core of the ruling.
The panel rejected Australia’s argument that it held no responsibility for the conditions on Nauru because it wasn’t under Australia’s direct control.
The cases examined involved individuals from Iraq, Iran, Afghanistan, Pakistan, Sri Lanka and Myanmar, many of whom were teenagers between 14 and 17 when they were intercepted trying to reach Australia by boat in 2013. The committee found that the individuals, including children, endured severe physical and psychological distress during their prolonged detention, including weight loss, self-harm, kidney problems and insomnia. Insufficient water and healthcare were also reported.
The committee, composed of 18 independent experts, has called on Australia to provide appropriate compensation to the victims and ensure that similar human rights violations are not repeated. While the committee’s rulings are not legally binding, they hold significant reputational weight and influence international legal discourse.
The Australian government has said it is reviewing the committee’s findings and will respond “in due course.” In a statement, a spokesperson for the Department of Home Affairs maintained that “Australia does not exercise effective control over regional processing centres” and commended Nauru for its partnership in delivering “regional processing arrangements”. The office of Nauru President David Adeang has yet to respond to the ruling.
Australia’s hardline immigration policy, introduced in 2012, has been widely criticized for sending thousands of asylum seekers to detention centers on Nauru and, previously, on Papua New Guinea’s Manus Island.
The UN panel’s ruling serves as a stark warning for other nations, particularly European countries, that have been considering similar arrangements to outsource migration management.
“Thursday’s decisions send a clear message to all states: where there is power or effective control, there is responsibility,” said El Haiba.
