Australia out of step with the world as more than 60 nations criticise our refugee policies

Transcription

1 MEDIA RELEASE Australia out of step with the world as more than 60 nations criticise our refugee policies November 10, The Refugee Council of Australia has called on the Australian Government to rethink its refugee policies as the Universal Periodic Review of the nation s human rights record has highlighted how out of step it is with the rest of the world. Overnight in Geneva, representatives of more than 100 countries criticised shortcomings in human rights policies, with 61 of them focusing on Australia s treatment of people seeking asylum. With key allies including USA, UK, France and Germany highlighting Australia s failing its commitments to vulnerable people seeking asylum, it shines a light on how out of step Australia has become with the international community, RCOA chief executive officer Paul Power said. Australia is alone in the world in having policies of mandatory indefinite detention for people seeking asylum, offshore processing and the forcible return of asylum seeker boats. The continued detention of children, in particular, is a source of international embarrassment. The opprobrium Australia has endured in its human rights performance review from our peers around the world shows how far Australia has slipped with our insular, unsustainable approach to vulnerable people who need our help. With more than 59.5 million refugees and displaced people in the world at the start of this year, Australia cannot justify spending of billions of dollars on harmful policies. The four-yearly review of Australia s human rights record was held as the Australian Government acknowledged it had lost control of the Christmas Island detention centre. In the weeks prior to the review, the world s media reported the distress of a refugee woman raped on Nauru, scores of allegations of child sexual abuse and mounting suicides from people trapped without hope in their search for safety. The widespread nature of the international criticism must prompt both the Government and the Opposition to rethink their policies and work towards a principled approach which puts the welfare and rights of people at the forefront. Amongst the many migration, refugee and asylum focused recommendations, Australia s peers called for action to end the practice of indefinite mandatory detention of children and adults, commence independent monitoring of Australian funded immigration detention centres, to bring Australia s legislation in practice with international norms, cease the practice of refoulement, implement alternatives to administrative detention and respect the rights of asylum seekers and refugees. <UPR recs on refugees and asylum seekers.docx> For more information or 02)

2 The following Recommendations are a Preliminary summary of those made to Australia by peer countries at the Universal Periodic Review conducted by the UN Human Rights Council. These recommendations specifically relate to the policies, laws and practices of the Australian Government in relation to asylum seekers, refugees and migration related issues Offshore processing Review with the aim of terminating or reforming the current regional offshore processing arrangement, and policy of mandatory detention of refugees, stateless persons and migrants; and uphold all human rights obligations towards refugees, stateless persons and migrants. (Kenya) Put an end to offshore processing of asylum applications. (Luxembourg) Immediately close the Nauru and Manus Island detention centres. (Maldives) Ensure that all asylum seekers and refugees who arrive in Australia are processed there regardless of their mode of arrival and ensure that conditions at the offshore processing centres comply with international law and standards. (Slovenia) Closely monitor the processing of refugees and asylum seekers in offshore centres to ensure that their human rights are respected. (USA) Mandatory detention Repeal the provisions establishing the mandatory detention of persons entering its territory irregularly. (Bangladesh) Develop alternatives to mandatory detention of asylum seekers, in particular when it comes to children. (France) End the policy of mandatory detention for all unauthorised arrivals, ensure that detention is only applied as a last resort, establish statutory time limits for detention and ensure access to an effective judicial remedy to review the necessity of detention. (Slovenia) Children out of detention Remove children and their families and other individuals at risk, in particular survivors of torture and trauma, from immigration detention centers. (Germany) See to it that children are not detained on the basis of their immigration status. (Luxembourg) Cease the detention of children in immigration detention centres. (Maldives) Immediately halt mandatory detention of asylum seeker children. (Maldives) Immediately end the mandatory detention of migrant children and ensure that the best interests of the children are respected. (Slovenia) Refoulement Critically review the policy of offshore processing of asylum-seekers on Nauru and Manus Island, and critically review the implementation of the Migration and Maritime Power Legislation Amendment Bill, making sure that the international obligation of nonrefoulement is strictly upheld. (Germany) Respect its obligation not to return migrants intercepted in international waters in accordance with international law and standards and repeal provisions requiring mandatory detention of those who enter the country illegally, following up the recommendations the OHCHR, UNHCR and CAT. (Guatemala) Give full protection to asylum seekers in accordance with international law and abolish the practice of pushing the boats of asylum seekers back at sea. (Nigeria)

3 Ensure full respect of non-refoulement obligations, with regard to all asylum seekers. (Slovenia) Ensure that measures taken with regard to asylum seekers are in full compliance with obligations under international law and human rights, including the principle of nonrefoulement, and that the detention of asylum seekers is only done when absolutely necessary and for a minimal period of time. (Sweden) Fully respect the principle of non-refoulement enshrined in the Convention relating to the Status of Reufgees. (Switzerland) Resettlement In line with its tradition as a resettlement country, reverse its policies of mandatory detention and offshore processing. (Brazil) Migration laws Reconsider the policy that asylum seekers who arrived in Australia after 19 July 2013 by sea would not be permitted to settle. (Afghanistan) Undertake relevant safe measures on migrants trying to reach Australian borders according to the UN Convention on Migrants Rights. (Albania) Review its immigrations laws and policies and ensure compliance with its international obligations, especially regarding the rights of children. (Fiji) Take adequate steps to promote and protect the rights of asylum seekers, refugees and migrants, review the policy of mandatory immigration detention and codify the obligation of non-refoulement in migration laws. (India) End the practice of rejecting offshore boats carrying immigrants. (Spain) Review its migration policy, in particular the policy of returning at sea boats carrying asylum seekers. (Tunisia) Cease its practice of interceptions and push backs in its borders. (Bangladesh) Review current immigration policies so as to improve the rights of refugees and asylum seekers. (Italy) Review legislation on migration and refuge or repeal laws that run counter to the protection of people with such status. (Mexico) Evaluate relaxing its immigration and humanitarian policies to a greater reception of migrants and refugees. (Peru) Independent monitoring or oversight Closely cooperate with UNHCR and other relevant organisations to provide more adequate protection and proper treatment of asylum seekers and refugees. (South Korea) Allow human rights organisations full access to detention centres. (Maldives) Cooperate fully with the Special Procedures of the Human Rights Council and ensure everyone enjoys the right to unhindered access to and communication with the United Nations, its representatives and mechanisms, including by preventing and ensuring adequate protection against reprisals. (Ireland) Continue to ensure transparency and accountability in all procedures related to its treatment of refugees and asylum seekers. (Japan) Take practical measures to cease the maltreatment of and violence against refugees, including sexual violence by officials in detention centres. (North Korea) Detention should only occur when necessary for a minimal period and access to judicial oversight of detention should be ensured. (Norway) Allow independent observers access to detention centres lost immigrants established outside Australian territory. (Spain) Instil a transparent, human rights-based approach related to the treatment of asylum seekers following their arrival, including the cessation of transfers to third countries. (Turkey)

4 Ensure that asylum-seekers have legal assistance throughout the process, and take measures, together with third countries, so that the conditions in the processing centres in countries with which Australia has agreed, comply with laws and international standards. (Uruguay) OPCAT Ratify the Optional Protocol to the Convention Against Torture. (Albania) (Azerbaijan) (Benin) (Chile) (Lithuania) (Georgia) (Ghana) (Italy) (Luxembourg) (Turkey) Ratify and effectively implement, before its next UPR cycle, the OPCAT. (Czech Republic) Ratify OPCAT without further delay. (Denmark) Ratify the Optional Protocol of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Estonia) Ratify the Optional Protocol to the Convention against Torture, in accordance with the commitment made by Australia in its previous passage Universal Periodic Review. (France) Expedite the ratification process of OPCAT in order to allow for the early establishment of a National Preventative Mechanism. (Hungary) Ratify the Optional Protocol to the Convention against Torture or other Cruel, Inhuman or Degrading Treatment or Punishment. (Macedonia) Expedite the ratification of the Optional Protocol to the Convention against Torture and establish a National Preventive Mechanism for places of detention. (Moldova) Degrading Treatment or Punishment. (Montenegro) Speed up the process of ratifying the Optional Protocol to the Convention Against Torture. (Mozambique) Ratify OPCAT and implement a National Preventative Mechanism. (New Zealand) Degrading Treatment or Punishment. (Paraguay) Favourably consider ratifying the Optional Protocol to the Convention against Torture. (Peru) Step up efforts to ratify the Optional Protocol to the Convention Against Torture. (Philippines) Initiate the accession procedure to OPCAT. (Serbia) Expedite the ratification of the Optional Protocol to the Convention Against Torture and establish a National Preventative Mechanism. (Sweden) Degrading Treatment or Punishment. (Switzerland) Take further steps towards ratifying OPCAT. (Ukraine) International treaties (other than OPCAT) Review national policies on migration and asylum in order to make them consistent with the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Punishment, as well as the Convention on the Rights of the Child, in particular as regards the conditions of detention. (Honduras) Implement recommendations from the Committee Against Torture. (Timor-Leste) Take the necessary steps to end the practice of interception and return of asylum seekers to conform to international refugee law and international human rights law. (Argentina) Ensure full compliance with its international obligations regarding the rights of asylum seekers and refugees by expediting the processing of applications by asylum seekers at the various processing centres. (Ghana) Ensure that the issues of asylum seekers and refugees are addressed in line with the principles of the Bali Process and Australia s other human rights and humanitarian obligations. (Indonesia)

5 Continue to pay special attention on the implementation of national policies for marginalised or vulnerable social groups, including migrant children, aboriginal people and the disabled. (Nicaragua) Asylum seekers claims should be processed in accordance with the UN Refugee Convention. (Norway) International laws and human rights Progress of the adoption and implementation of a code of conduct for the treatment of asylum seekers, and stop the practice of intercepting and push boats of asylum seekers to international waters with the implementation of measures consistent with the provisions of international law and international standards. (Bahrain) Continue to respect the rights of asylum seekers and refugees despite certain difficulties. (Djibouti) Further promote the safety and living conditions of migrants, refugees and asylum seekers arriving in Australia. (Greece) Make every effort to guarantee the human rights of asylum seekers, bearing in mind international obligations. (Holy See) Reinforce the measures to improve conditions of detention, especially for persons with disabilities and the young. (Holy See) Ensure all rights of asylum seekers are protected. (Maldives) Ensure refugees and asylum seekers get their rights. (Pakistan) Expand support for human rights education and training initiatives, particularly for law enforcement officials handling migration issues. (Philippines) Ensure that all migrant children, irrespective of their migration status, have access to education and healthcare services in the exact same terms as Australian children do. (Portugal) Ensure that conditions of detention are in line with international norms and standards in particular the detention of migrants and asylum seekers. (Rwanda) Ensure that Australia lives up to its international obligations regarding asylum seekers and refugees. (Rwanda) Do not detain migrants other than in exceptional circumstances, limit detention to a duration of six months and adapt detention conditions to international standards and human rights. (Switzerland) Improve the conditions of reception and detention of refugees and migrants in accordance with international standards. (Uzbekistan) This preliminary summary of refugee, asylum seeker and migration related recommendations is taken from Australia s Universal Periodic Review, UN Human Rights Council session 23: November 2015 A full list of recommendations will be available here: