“Australia’s human rights record blemished by punitive
approach to migrants” – UN rights expert
CANBERRA / GENEVA (18 November 2016) – United Nations
Special Rapporteur François Crépeau today warned that Australia’s human rights
record has been tarnished in recent years by migration policies which have
increasingly eroded the rights of migrants, in contravention of its
international human rights and humanitarian obligations.
“The punitive approach adopted by Australia towards
migrants who arrived by boat has served to erode their human rights," Mr.
Crépeau said at the end of his first official visit* to Australia. “It is a
fundamental principle of human rights law that one person cannot be punished
only for the reason of deterring another.”
The UN expert hailed several migration policies adopted
by the authorities, such as the resettlement program granting humanitarian
protection to a high number of refugees and assisting them in their integration
process, as well as the welcoming of 12,000 refugees from Syria. However, he
cautioned that several other migration policies and laws “are regressive and fall
way behind international standards.”
“While Australia has the power to admit, deny entry or
return migrants, it equally has an obligation to respect the human rights of
all migrants in the process,” he said. Australia must respect certain
limitations, such as the principles of non-refoulement, of non-discrimination
and of the best interest of the child,” he noted.
Further, he observed that mandatory and prolonged on and
off-shore immigration detention periods, obstacles in accessing justice and basic
services such as health care, and discrimination in all areas of life as a
result of one’s immigration status or that of their family member “cause
immense suffering.”
“I am deeply concerned about the grave impact of the
punitive approach – which creates so much uncertainty about the future – on the
mental health of many migrants, some of whom are in prolonged and indefinite
mandatory immigration detention onshore or in offshore regional processing
centres, or living in community detention, or living under temporary protection
visas,” Mr. Crépeau said.
“Yet the cure lies ultimately with Australia which has
the responsibility to settle those from the regional processing centres who are
found to be refugees,” the expert stressed. “Any agreement regarding third
country resettlement must be meaningful – in terms of numbers, timeliness and
opportunities to rebuild – and adhere to Australia’s international humanitarian
and human rights obligations.”
“At the same time, Australia tries to offer regular, safe
and affordable pathways for migration”, he noted. “I welcome the various
different types of visa options available for migrants to come and work in
Australia, such as the backpacker visa, Safe Haven Enterprise Visas (SHEV),
working holiday visas and seasonal worker visas.”
However, he cautioned that the temporary nature of these
visas may increase the vulnerability of migrants, as they will often refrain
from reporting, protesting and mobilising, due to their fear of seeing their
visa cancelled, being held in immigration detention or deported.
“I came across information about the exploitation of
backpackers on working holiday visas, as well as of asylum seekers on bridging
visas and students by employers in Australia,” Mr. Crépeau said. “Competent
oversight mechanisms, including labour inspections, need to be better deployed
and funded to combat such exploitation.”
The rights expert noted with concern that xenophobia and
hate speech have increased in Australia despite the country’s rich history of
migration, creating a significant trend in the negative perceptions of
migrants. “Politicians who have engaged in this negative discourse seem to have
given permission to people on the street to act in xenophobic ways and to allow
for the rise of nationalist populist groups,” he warned.
“Australia must work to fight xenophobia, discrimination
and violence against migrants, in acts and speech. Maintaining section 18C of
the Racial Discrimination Act sets the tone of an inclusive Australia,
committed to implementing its multicultural policies and programmes and
respecting, protecting and promoting the human rights of all,” he concluded.
During his 18-day visit to Australia, the independent
expert met with a range of government officials responsible for border management,
civil society, trade unions, the Australian National Human Rights Commission,
international organisations, and migrants themselves.
Mr. Crépeau also gathered first-hand information during
his visits to Canberra, Melbourne, Perth, Brisbane and Sydney, and in on-shore
detention centres and the regional processing centres in the neighbouring
island Republic of Nauru.
The Special Rapporteur will present his country mission
report to the UN Human Rights Council in June 2017.
(*) Check the full end-of-mission statement:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20885&LangID=E
ENDS
Mr. François Crépeau (Canada) was appointed Special
Rapporteur on the human rights of migrants in June 2011 by the UN Human Rights
Council, for an initial period of three years. As Special Rapporteur, he is
independent from any government or organization and serves in his individual
capacity. Mr. Crépeau is also Full Professor at the Faculty of Law of McGill
University, in Montréal, where he holds the Hans and Tamar Oppenheimer Chair in
Public International Law and is scientific director of the Centre for Human
Rights and Legal Pluralism. Learn more, log on to:
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/SRMigrantsIndex.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms. Special
Procedures mandate-holders are independent human rights experts appointed by
the Human Rights Council to address either specific country situations or
thematic issues in all parts of the world. They are not UN staff and are
independent from any government or organization. They serve in their individual
capacity and do not receive a salary for their work.
Read the International Convention for the Protection of
the Rights of All Migrant Workers and Members of their Families:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CMW.aspx
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