We are Australian scholars concerned that new Australian legislation, the Australian Border Force Act 2015, has jeopardized the ability of the independent UN Special Rapporteur on the Human Rights of Migrants to conduct his proposed mission to Australia, Nauru and Papua New Guinea. Under the Act, immigration detention centre employees risk a prison term of two years if they speak out about the conditions of the detention facilities and related matters.
Although the Australian government could allow a detention centre worker to speak to the Special Rapporteur without the risk of prosecution, it has chosen not to do so in this case. This calls into question the Australian government’s claim that it is willing to cooperate with UN procedures in good faith. In this instance, the government has refused to abide by the UN guidelines for fact-finding missions by Special Rapporteurs, which require that the Special Rapporteur have complete freedom of inquiry, access to detention facilities, and official assurances that no one who discloses information to the Special Rapporteur will be subjected to judicial proceedings for that reason.
We are also concerned that the Special Rapporteur was denied access to Australia’s offshore detention centres on Nauru and Manus Island in Papua New Guinea, especially in light of the findings that have emerged in recent Australian Senate Committee inquiries and independent reports about serious human rights violations in those places.
Signed by:
- Dr Gabrielle Appleby, UNSW
- Dr Michaela Baker, Macquarie University
- Dr Dani Barrington, Monash University/International WaterCentre
- Dr Linda Bartolomei, Centre for Refugee Research, UNSW
- Dr Laurie Berg, University of Technology Sydney
- Dr Karen Block, University of Melbourne
- Dr Nina Burridge, University of Technology, Sydney
- Lesley Carnus, Refugee Language Program, Centre for Peace and Conflict Studies, University of Sydney
- Professor Stephen Castles, Research Professor in Sociology, University of Sydney
- Dr Ignacio Correa-Velez, Queensland University of Technology
- Professor Mary Crock, University of Sydney
- Dr Azadeh Dastyari, Monash University
- Tina Davis, University of Sydney
- Bassina Farbenblum, Faculty of Law, UNSW
- Dr Miriam Faine, Monash University
- Dr Anna Filipi, Monash University
- Ellen Finlay, University of Notre Dame
- Dr Caroline Fleay, Centre for Human Rights Education, Curtin University
- Professor Sandy Gifford, Swinburne University
- Madeline Gleeson, Kaldor Centre for International Refugee Law, UNSW
- Dr Dimitria Groutsis, University of Sydney
- Dr Lisa Hartley, Centre for Human Rights Education, Curtin University
- Dr Claire Higgins, Kaldor Centre for International Refugee Law, UNSW
- Khanh Hoang, Migration Law Program, ANU College of Law
- Professor Sarah Joseph, Castan Centre for Human Rights Law, Monash University
- Associate Professor Mary Anne Kenny, Murdoch University
- Professor Sue Kenny, Deakin University
- Professor Susan Kneebone, Melbourne Law School
- Elsa Koleth, University of Sydney, Department of Sociology and Social Policy
- Dr Timothy Laurie, Lecturer in Culture and Communication, University of Melbourne
- Sohoon Lee, University of Sydney
- Yao Li, University of California, San Diego
- Dr Maureen Long, La Trobe University
- Jovana Mastilovic, Griffith University
- Professor Jane McAdam, Kaldor Centre for International Refugee Law, UNSW
- Professor Bernadette McSherry, Melbourne Social Equity Institute, University of Melbourne
- Dr Ann Morrow, University of Melbourne alumnus
- Professor Philomena Murray, University of Melbourne
- Susan O'Leary, Monash University
- Professor Nicola Piper, University of Sydney
- Rebecca Powell, The Border Crossing Observatory, Monash University
- Professor Nicholas Procter, University of South Australia
- Cathy Rytmeister, Macquarie University
- Dr Robyn Sampson, Swinburne University of Technology
- Professor Ben Saul, Faculty of Law, University of Sydney
- Dr Andrea Schalley, Griffith University
- Professor Robert Schweitzer , Queensland University of Technology
- Dr Marie Segrave, Monash University
- Dr Olivera Simic, Griffith Law School
- Professor Charles Sowerwine, University of Melbourne/La Trobe University
- Maria Tanyag, Monash University
- Associate Professor Savitri Taylor, Law School, La Trobe University
- Dr Claudia Tazreiter, UNSW
- Jacquie Tinkler, Charles Sturt University
- Professor Jacqui True, Monash University
- Dr Elsa Underhill, Deakin University
- Anthea Vogl, Faculty of Law, University of Technology Sydney
- Max Walden, Macquarie University
- Dr Leanne Weber, Monash University
- Jennifer Whelan, Human Rights Clinic, UNSW
- Tamara Wood, Kaldor Centre for International Refugee Law, UNSW
- Professor Chris F Wright, University of Sydney
- Dr Anna Ziersch, Flinders University
- Dr Philip Zylstra, University of Wollongong
For more on why Australia has legal obligations towards those in offshore detention, read the Kaldor Centre fact sheet.
The Special Rapporteur explained the reasons for the cancellation of the visit in a statement here.
EDS: Additional signatories to the letter over time can be seen here.