Transcript
HUGH DE KRETSER: So Australia was last reviewed by this body in 2009, and that's the period they are looking at, and since then we have had the introduction of human rights groups in Parliament so there is a parliamentary committee in Australia that now looks at legislation whether it complies or not with human rights obligations internationally, this is a step well short of what we needed in Australia, which is a humans rights act like New Zealand has that comprehensively protects human rights in law, and Australia has promised to ratify a key international protocol of treaty which will prevent mistreatment in places of detention. So, it's called the optional protocol of the Convention Against Torture and other mistreatment. So, it's a very important mechanism that is aimed to prevent mistreatment rather then respond to it after it occurs, so when nations agree to comply with this treaty, they agree to institute independent monitoring of all places of detention in Australia and in places within Australian control. In other countries overseas this has led to national co-operative mechanisms where you have independent unannounced monitoring, proper resources, proper mandate, where independent bodies can go in to places of detention and actually do these inspections and it's that scrutiny and that accountability which is absolutely critical to making sure that you prevent abuse from happening in the first place, so Australia has signed the treaty in 2009 but we have really lagged on it and it was only this year that the government has promised to ratify that treaty by the end of this year, and we fully expected the government will do that.
BEN ROBINSON DRAWBRIDGE: But, in Australia's presentation to the council, it seems to be suggesting that it's immigration detention facilities in PNG and Nauru are not Australia's.
HDK: Yes, so there's plenty of evidence which shows the degree of control that Australia exercises over the detention centres on Nauru and Manus Island, and so Australia attempts to push back on this and say, no these are controlled by PNG and Nauru, that is not born out by the facts what so ever. Australia is paying for these facilities, Australia is contracting with the organisations that are running these facilities and human rights law essentially says you are responsible for those things that you control and so Australia obligation's don't end at our borders.
BRD: You are telling me that but when it comes to ratifying the protocol. Will Australia acknowledge that?
HDK: Well that will be a matter for debate but that doesn't mask the fact that around 2000 people, a vast majority of whom are refugees remain on Manus Island in PNG, remain on Nauru and Australia bares the responsibility for looking after those people and making sure that they have a chance to rebuild their lives in safety instead their limbo continues, their suffering continues. So for Australia to have credibility, we need to end this gross human rights abuse, right now, the best way to do that is to bring those people here to Australia, end the suffering immediately and close down those camps.
