Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
post-traumatic stress disorder, adjustment disorder and acute stress reaction.
There were also high levels of actual and threatened self-harm among these
people. Further, there was heavy use of medication including antidepressants, anti-anxiety, psychotropic and sleeping medication among
people in detention on Nauru and Manus Island.
184.
The Manus Island regional processing centre remains temporary.
Accommodation for single adult males is in tents, and families (when they
were on the island), were housed in demountable dongas. In June 2013
UNHCR noted cramped, crowded, hot conditions, hygiene concerns, and
insufficient division between families and single adult males. UNHCR found
that the conditions on Manus Island were harsh and remained below
international standards.
185.
In December 2012 UNHCR found the conditions in the Nauru regional
processing centre to be ‘harsh and unsatisfactory’ with similar concerns to
those on Manus Island: the extreme heat, overcrowding, and lack of privacy.
186.
Since that time, construction of more permanent structures on Nauru improved
the accommodation for a time. However, following the riot in July 2013,
asylum seekers are again accommodated primarily in tents. After the riot, staff
from the Nauru regional processing centre published a statement describing
the conditions for those in detention as ‘cruel and degrading’.
187.
The Commission considers that detaining asylum seekers for a prolonged
period of time in temporary facilities where some must live in tents, are
subjected to harsh weather, have little privacy, and access to only basic
facilities, may breach international human rights standards regarding the
conditions and treatment of people in detention.
188.
The harsh conditions of detention may also lead to breaches of other human
rights, such as the right to an adequate level of health care.
189.
The PJCHR expressed concern with the ‘absence of legally-binding
requirements relating to minimum conditions in regional processing facilities’,
and considered that the Australian Government had not demonstrated that the
conditions were consistent with the provisions of the ICCPR, the ICESCR, the
CRC and the CAT. The PJCHR found that the cumulative effect of the third
country processing arrangements was likely to have a significant impact on
the physical and mental health of asylum seekers, contrary to the right to
health,120 and the prohibition against degrading treatment.
190.
The Commission has repeatedly stated that hot, remote locations are not
appropriate places to send asylum seeker children, or other vulnerable
groups. The mandatory and prolonged detention of children on Nauru and
Manus Island breaches the requirement under the CRC to detain children only
as a measure of last resort and for the shortest appropriate period of time.121
Additionally, the conditions of detention may lead to breaches of other
children’s rights, for example their right to the highest attainable standard of
health and access to health care services, and their right to education.
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