BRIEFING NOTE FOR THE MINISTER

Subject: Violation of asylum seekers’ human rights

in offshore Australian immigration detention centres

Issue
Australia requires mandatory detention for any asylum seekers or refugees entering the
country without a visa. Asylum seekers without a visa who arrive to Australia by boat, known
as “boat people ,” are detained in offshore immigration detention facilities, such as the Nauru
regional Processing Centre. Reports from the United Nation, media outlets and asylum
seekers themselves have stated that those in these facilities have been detained in inhumane
conditions, however Australian government reports that this is not the case and asylum
seekers are receiving appropriate services.

Background
 The first wave of boat people that came to Australia in 1976 were Vietnamese
refugees. They were detained but immediately “processed” for permanent residence.
 Since then, facilities that are specifically purposed for immigration detention have
been developed.
 In 1992, the policy of mandatory immigration detention for anyone arriving in
Australia without a valid visa was introduced into Australian legislation. This was to
clarify the lawful or unlawful status of non-citizens and mandate detention
accordingly. This policy came into force in 1994.
 Australia’s policy of mandatory detention is indefinite, and many refugees spend
several years in detention centres before their refugee status is determined.
 In 2012, Australia introduced the policy of placing boat people without a visa in
offshore immigration detention centres such as in Nauru or Papua New Guinea
(PNG), known as third country processing. Claims for asylum of these detainees are
assessed not under Australian law, but under the national laws of the country the
detainees are being held it.
 On 31 October 2017, the Manus Regional Processing Centre in PNG was closed due
to breach of human rights. Asylum seekers were not relocated to Australia but would
either have to move to the nearby town Longerau or be relocated/held in detention
elsewhere. However, many were unwilling to move due to fear for their safety.

Considerations
The Australian government’s rationale for the mandatory detention policy is:
 If it was not put in place, it would undermine Australia’s universal visa system
 Only those who have gone through identity, security and health checks can integrate
with the Australian community
 Holding asylum seekers allows claims for refugee status to be processed and the result
to be put in place promptly, i.e. approval of refugee status or removal of the claimant.
The government has also stated reasons for holding boat people in offshore detention
facilities such as:
 Preventing overcrowding of inland detention facilities
 Discouraging seeking refuge by boat due to the danger and risk of death
 Acknowledging co-operation between countries is necessary when facing an issue
such as irregular migration

However, the Australian government has faced criticism for its offshore processing policy as
it has led to human rights violations. Rights in the Universal Declaration of Human Rights
that have been violated include:
 Article 3 - “Everyone has the right to life, liberty and security of person.” Reports
from United Nations state that many detentionees felt unsafe due to verbal and
physical attacks and theft from the local communities, thus denying their security.
Australia’s detention policy also allows for indefinite detention, which unfairly limits
the liberty of detentionees, and some refugees are kept in centres for years.
 Article 5 - “No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.” The living conditions in offshore detention centres are
very poor, to the point where “mental health issues are rife”, and there are high rates
of self-harm and suicide attempts in detention centres. This serious psychological
harm inflicted on detentionees is seen as cruel, inhumane treatment.

Furthermore, Australia’s offshore detention policy is very costly. From 2012 to 2017, at least
$5 billion has been spent on the program, and in 2016 a report by Save the Children and
Unicef stated “taxpayers had spent as much as $9.6 billion on [the policy] since 2013.”

Conclusion
Australia’s offshore detention policy is currently deemed as necessary by the Australian
government to protect Australia’s border security and discourage illegal immigrants from
arriving in Australia, especially by boat. However, it is important to consider the cruel living
conditions that have been provided by Australia’s offshore detention facilities and the human
right violations that have occurred, and the security and wellbeing of those who are kept in
these facilities.

Recommendation(s)
The offshore detention policy should be ended as soon as it is feasible, and detentionees
should be relocated to inland detention centres due to concern for their security. Adequate
living conditions in detention centres should be held to a strict standard, and a time limit
should be enforced within the mandatory detention policy so detentionees are not held in
detention indefinitely.
Bibliography
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