Australia: Progress Needed at UN Rights Review

(Geneva) – Australia should make concrete commitments to address serious human rights problems during a United Nations review of its human rights record, Human Rights Watch said today.

On November 9, 2015, Australia is scheduled to undergo its second Universal Periodic Review (UPR) before the UN Human Rights Council in Geneva, in which UN member countries will raise Australia’s past human rights pledges and new concerns. The Human Rights Council reviews the human rights progress of each UN member country every four years. The first review for Australia was in 2011.

“The Universal Periodic Review allows other countries to see whether Australia is carrying out its human rights commitments – or whether it is falling short,” said Elaine Pearson, Australia director at Human Rights Watch. “Australia should take the opportunity to make a serious commitment to roll back abusive practices.”

A Human Rights Watch submission to the UPR flagged concerns over asylum seekers and refugees, counterterrorism measures, disability rights, indigenous rights, and sexual orientation and gender identity rights.

Despite Australia’s commitments at its 2011 review to address refugee protection, the government reintroduced offshore processing by transferring asylum seekers who arrive by boat to Papua New Guinea and Nauru for processing and eventual resettlement. Asylum seekers are held in dirty, overcrowded conditions, where there have been reports of sexual and physical abuse, and have few long-term prospects for resettlement.

In 2011, Australia accepted recommendations to process asylum seekers’ claims, in accordance with the 1951 Refugee Convention and its 1967 Protocol, which Australia has ratified. Yet in 2014, Australia removed most mentions of the Refugee Convention from its Migration Act.

“Over the last four years we’ve seen serious backsliding on the rights of asylum seekers and refugees arriving in Australia,” Pearson said. “Countries should press Australia on its policy of diverting asylum seekers to countries with far less capacity to process their claims and integrate those found to be refugees. Countries should hold Australia to account for abuses during offshore processing and mandatory detention.”

Australia has also announced its candidacy for a seat at the UN Human Rights Council in 2018-2020. A report by Human Rights Watch and the Human Rights Law Centre, “Australia at the Human Rights Council: Ready for a Leadership Role?” examines Australia’s readiness to operate effectively as a Human Rights Council member if elected.

The UN established the UPR process in 2006. Countries under review submit written reports on their human rights situation and respond to the questions and recommendations put forward by UN member countries at the Human Rights Council. All 193 UN member countries undergo these reviews.

“Since Australia has aspirations to sit on the world’s premiere human rights body, fixing its own shortcomings on rights is even more urgent,” Pearson said. “Australia will not be a forceful defender of human rights unless its own house is in order. The UPR affords it an opportunity to do just that.”