Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 (d) Independent monitoring 191. Regular independent monitoring of immigration detention facilities is essential in order to increase accountability and transparency, and thereby guard against human rights abuses. In the past, the Commission has emphasised the need for a more comprehensive monitoring mechanism to ensure that conditions in immigration detention facilities meet human rights standards. The need for such a mechanism is heightened on Nauru and Manus Island due to the limited transparency surrounding the detention operations there, and because the remote locations make them less accessible to media and monitoring bodies. 192. Currently, there is no monitoring body with all of the key features necessary to be fully effective: independence from the Department; adequate funding to fulfil the role; the capacity to maintain an ongoing or regular presence at immigration detention facilities; a specific statutory power to enter immigration detention facilities; comprehensive public reporting for transparency; and the capacity to require a public response from government. 193. Currently, in relation to the regional processing facilities in Nauru, there is a joint advisory committee, jointly chaired by Nauruan and Australian officials, and including a number of members of the Minister’s Council on Asylum Seekers and Detention. There is currently no monitoring or advisory body regarding the Manus Island regional processing facilities. 194. The Commission would expect that arrangements for third country processing would comply with the following requirements: • Be consistent with the principle of non-refoulement by ensuring protection for asylum seekers from removal to a country where they face a real risk of significant harm • Not breach the requirement to ensure protection from arbitrary detention • Provide adequate safeguards for children – particularly those who are unaccompanied • Ensure appropriate conditions for detention which respect the inherent dignity of the human person and do not amount to cruel, inhuman or degrading treatment • Provide for independent monitoring and oversight of facilities – to ensure compliance with human rights standards, including the adequacy of conditions. 45