UN Panel Condemns Australia's Treatment of Refugees on Nauru

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The United Nations Human Rights Committee has ruled that Australia violated the rights of refugees and asylum seekers detained on the island of Nauru, issuing a strong warning to other nations contemplating similar outsourcing of asylum processing. The committee's decisions, released on January 9, 2025, stemmed from two cases involving 25 individuals who experienced prolonged and arbitrary detention.

Committee member Mahjoub El Haiba emphasized that states cannot escape their human rights obligations when outsourcing asylum processing. He asserted that Australia exercised significant control over Nauru's regional processing facility, despite the country's claims of jurisdiction limitations.

Over a decade ago, under stringent immigration policies, Australia began sending asylum seekers intercepted at sea to detention centers in Nauru and Papua New Guinea. The cases reviewed by the committee highlighted severe conditions faced by those detained, including insufficient access to water, inadequate healthcare, and environmental hazards.

Among the detainees were 24 unaccompanied minors from various countries, who reportedly suffered significant physical and mental health issues during their detention. Although most were granted refugee status in 2014, they faced ongoing detention without justifiable reasons, according to the committee's findings.

The committee also addressed the situation of an Iranian asylum seeker who, despite being recognized as a refugee in 2017, remained detained in various facilities, including Australia. The committee’s rulings call for compensation for victims and for Australia to ensure future occurrences are prevented.

While the committee cannot compel compliance, its findings carry considerable reputational implications for Australia and serve as a cautionary message regarding the treatment of asylum seekers globally.

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