UN Committee Accuses Australia of Violating Human Rights Treaty by Detaining Asylum Seekers on Nauru

A recent assessment by a United Nations committee has determined that Australia has infringed upon a key human rights treaty by holding a group of asylum seekers, some of whom were minors, in detention on Nauru, even after they had been granted refugee status. Since 2013, Australia's immigration policies have mandated the offshore processing of individuals who attempt to enter the country by boat, resulting in their placement in detention centers like those on Nauru. The federal government has, as yet, not issued any comments regarding the findings released by the committee.

one related to arbitrary detention and another ensuring the right to legally challenge their detention. Furthermore, the committee requested that the Australian government provide compensation to those affected and implement measures to avert such violations in the future.

Committee member Mahjoub El Haiba emphasized that simply outsourcing operations does not exempt states from their responsibilities to uphold rights. This finding comes in the wake of a complaint submitted in 2016 by 24 asylum seekers—including unaccompanied minors—from various countries, such as Iraq and Afghanistan, who attempted to reach Australia by boat in 2013. After being intercepted, they were transferred to Nauru from Christmas Island in 2014, where they faced overcrowded conditions, limited access to water, and inadequate healthcare.

The statement from the UN committee noted a significant decline in the well-being of the detained minors, reporting issues such as weight loss, insomnia, kidney problems, and instances of self-harm. Despite almost all members of the group being granted refugee status, they remained in detention on Nauru, with the statement failing to clarify either their total time held or their current situation. Australia's defense argued that the alleged infractions did not occur within its jurisdiction, but the committee countered, asserting that the Nauru facility fell under Australia's authority due to its involvement in its construction and funding. Additionally, in a separate case, the committee determined that an Iranian refugee also experienced arbitrary detention while held in Nauru.