Thursday 26th of December 2024

our very own guantanamo ....

our very own guantanamo .....

The indefinite detention of asylum seekers on Nauru is ''an egregious breach of international human rights law'', says the Gillard government's hand-picked human rights commissioner, Gillian Triggs.

And in a separate development, Australia has told Sri Lanka - a country it has been returning asylum seekers to - that it must stop its police and army abusing, torturing and mistreating its citizens, and must end the disappearances and abductions occurring across the country.

Australia's demands to Sri Lanka were made in Geneva as part of the United Nations universal periodic review process, in which all UN countries have their human rights records assessed by fellow members.

Professor Triggs, who was appointed human rights commissioner in June, told Fairfax on Tuesday that she would seek an urgent meeting with Immigration Minister Chris Bowen about Nauru when she returned from a human rights conference in Jordan.

''I have made my view really plain to the Department of Immigration and Citizenship in saying that to detain people on this remote island, and delaying by at least six months their processing, and where they're advised that they will be kept there for five years, is an egregious breach of international human rights law,'' she said.

''Asylum seekers have a legal right under international law to have their claims assessed in a speedy and appropriate way, and this is at risk of being arbitrary detention.''

Meanwhile, the hunger strike on Nauru dragged into its sixth day. An asylum seeker on Nauru told Fairfax that more than 300 people were taking part in the protest, and that the men were weak, with most spending their days lying around ''and feeling the sickness''.

Doctors had told Omid, an Iranian man who has refused to eat for 27 days, that his heart was under grave pressure, the asylum seeker said.

''If you look at him, he is only bone and skin. He says it is better to die than to live in Nauru,'' he said.

The asylum seeker said an immigration official had told the group that their claims for asylum would not begin to be processed for at least six months, and that they would be on Nauru for a year.

''They will be living for the rest of their lives with the hellish punishment [of Nauru],'' the man said.

A joint parliamentary committee in February found that detention for longer than three months causes mental illness.

Greens senator Sarah Hanson-Young said the conditions on Nauru were bringing vulnerable people ''to breaking point''.

"The government is continuing to house refugees in tents despite temperatures in excess of 40 degrees, and has increased the stress at detention centres by suspending the processing of their claims for asylum,'' she said.

"This is in spite of the ever-increasing list of organisations that are slamming the government for its cruel, expensive and ineffective offshore processing regime.''

On Tuesday in Geneva Australia's delegation to the UN told Sri Lanka that it must stop its torture and enforced disappearances.

The delegation said that while it welcomed Sri Lanka's stated commitment to protecting human rights, it was important for it now ''to achieve measurable, concrete improvements".

But despite the concerns raised before the UN, Australia has sent back 125 asylum seekers to Sri Lanka since restarting offshore processing in August.

These deportations have been halted for at least a month after a Federal Court decision last week prevented the Immigration Department sending back a 42-year-old man who had failed in his bid to win refugee protection.

In July, Fairfax revealed that asylum seekers forcibly returned to Sri Lanka had faced arbitrary imprisonment, torture and harassment by security forces.

Sri Lanka's special envoy for human rights, Mahinda Samarasinghe, told the UN that his country would send a set of voluntary pledges to the UN Human Rights Secretariat within two weeks. He said Sri Lanka — which emerged from a bloody 26-year civil war in 2009 — would update the UN on postwar progress. Mr Samarasinghe said his government was concerned more than any country with "winning the peace" and building a comprehensive rehabilitation. "On many fronts progress has been achieved, but we still acknowledge, at the same time, that challenges are ahead of us," he said. "We ask our friends in the international community to give us the time and space to make further progress.

"We are working for a new Sri Lanka, we are working for a united Sri Lanka."

This year 5501 Sri Lankan asylum seekers have reached Australia, the highest annual number on record and a 26-fold increase over  last year.

Opposition immigration spokesman Scott Morrison said Sri Lankan asylum seekers should be put on a plane and deported immediately.

Britain, which also previously returned failed asylum seekers to Sri Lanka by charter flight, was last month stopped from deporting a number of Tamils after the High Court found they were at risk of torture.

■Home Affairs Minister Jason Clare said three boats bound for Australia had been intercepted near the Cocos Islands on Monday, bringing to seven the number of boats since the weekend.

He said 58 people on board the three boats would be sent to Christmas Island for health and security checks. Another 63 people on a boat that sought assistance north-west of Ashmore Islands on Monday night were rescued on Tuesday and will also be sent to Christmas Island, where there are already 2505 asylum seekers.

Nauru A 'Breach' Of Rights

 

a real rooty hill .....

The federal government's top legal adviser has told Australia's Human Rights Commissioner Gillian Triggs she cannot visit Nauru and Manus Island to assess and act on complaints from asylum seekers about conditions on the islands.

This is despite the centres being set up with Australian money, and at Australia's behest.

Legal advice from the Solicitor-General, sent to Professor Triggs' office late last week, argued she did not have the jurisdictional power to hear on Manus and Nauru the complaints of people kept in offshore processing centres.

She could still hear and consider complaints from Australia, but would be unable to verify conditions first-hand. ''The power to inquire into these complaints may only be exercised in Australia, that is by actions taken by the [Human Rights Commission] President in Australia,'' she said in a statement.

Late on Monday, Professor Triggs' office said it was still seeking further information about the implications of the legal advice.

Asylum seekers on Nauru and Papua New Guinea's Manus Island have sent complaints about their treatment to Professor Triggs' office.

An immigration department spokesman said the Attorney-General's department had contacted the Solicitor-General's office to seek legal advice about the matter, and it was considering that advice. A spokeswoman for the Attorney-General said the government had not given any direction to Professor Triggs, but said she had made a decision based on legal advice.

The UN High Commissioner for Refugees has released scathing reports about the conditions on both island processing centres, describing them as troubling and deeply concerning.

Professor Triggs, who first flagged her intention to visit Nauru in October, was told she would have to get legal advice about whether she had jurisdiction to hear the complaints at Nauru's processing centre.

But the initial legal advice given to Professor Triggs' office states she has jurisdiction only over people on Australian soil, including asylum seekers in mainland detention centres and on Christmas Island, an Australian territory.

Human rights lawyer David Manne said, ''A government confident that transfer arrangements were guarding people from further abuse of their human rights would welcome, not seek to stymie, such scrutiny.''

Australian Lawyers' Alliance spokesman and refugee law barrister Greg Barns said the advice raised serious questions about Australia's accountability to asylum seeker conventions. He also questioned the veracity of the advice. ''At the end of the day they are Australian facilities … established by the Australian government [and] they are effectively paid for by the Australian government.

''So I think that advice ought to be examined very carefully, and may represent a very narrow, black-letter view of the law.''

Human Rights Chief Warned Off Islands Visit