Australia Violated Human Rights Obligations by Detaining Asylum Seekers Offshore According to UN Rules
The United Nations has called on Australia to compensate the victims and amend migration laws and agreements to prevent similar infringements.
The U.N. Human Rights Committee has ruled that Australia is legally responsible for the arbitrary detention of asylum seekers in offshore processing facilities.
These cases are related to agreements signed between Australia and Nauru in 2012 and 2013, where Nauru hosted detainees in exchange for payments.
Member of the Committee, Mahjoub El Haiba, stressed that outsourcing detention does not absolve Australia from its obligations under international human rights law.
“When a state has effective control over an area, its responsibilities remain intact and cannot be transferred,” El Haiba stated.
The Committee has called on Australia to compensate the victims and revise migration legislation to prevent future violations.
It has also advocated for better alignment with international human rights commitments, underscoring the importance of preserving human dignity.
Cases of Arbitrary Detention
The first case involved 24 unaccompanied minors from countries such as Iraq, Iran, and Myanmar, intercepted by Australia between 2013 and 2014 while fleeing persecution.
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