Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 72. In December 2014, the Committee against Torture affirmed that ‘transfers to the regional processing centres in Papua New Guinea (Manus Island) and Nauru … do not release the State party from its obligations under the Convention’.50 The opinion of the United Nations High Commissioner for Refugees (UNHCR) is that ‘the primary responsibility to provide protection rests with the state where asylum is sought’.51 73. The Senate Legal and Constitutional Affairs Committee recently conducted an inquiry into Serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus Regional Processing Centre.52 74. The Senate Committee rejected the Department of Immigration and Border Protection’s assertion that it does not bear ultimate responsibility for the operation of regional processing centres.53 75. The Senate Committee reflected on the findings of previous inquiries as well as evidence provided to this inquiry and found regional processing centres to be unsafe generally, and particularly for children.54 The Committee made several recommendations directed at the Australian Government to address the factors contributing to abuse, self-harm and neglect, including working with the Government of the Republic of Nauru for the appointment of an independent children’s advocate who would have the jurisdiction and authority to advocate for the rights of children held in the Republic of Nauru.55 76. In a dissenting report, Government Senators rejected all of the inquiry recommendations.56 77. Recommendation: That the Australian Government ensure that the human rights of people subject to third country processing are adequately protected. 10.4 Temporary protection and family reunion (ICESCR Articles 2(2), 10(1), 11, 12 & 13) 78. Temporary visa arrangements for refugees who arrive in Australia without valid visas were reintroduced in 2014. Under the current arrangements, temporary visa holders face additional barriers to securing permanent residency, with the result that many are likely to face prolonged periods of uncertainty. The Commission is concerned that refugees who hold these visas will experience negative mental health and settlement outcomes, as was the case under previous arrangements. 79. Temporary visa holders are not eligible for a range of settlement services and face barriers to accessing tertiary education. In addition, they are not permitted to sponsor family members for resettlement in Australia and as a result face the prospect of prolonged and potentially permanent separation from relatives. Permanent visa holders who arrived in Australia as asylum seekers and/or by boat also face restrictions on family reunion opportunities.57 13