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This submission examines and discusses the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, particularly so far as it provides for offshore detention of those deemed to be designated unauthorised arrivals, and an alternative method of processing such asylum seekers which does not:
- provide them access to legal assistance;
- allow for merits review; and
- allow for judicial review.
The submission examines the Bill in light of the following international human rights conventions:
- The International Covenant on Civil and Political Rights ('ICCPR');
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ('CAT');
- The Convention on the Rights of the Child ('CRC'); and
- The International Covenant on Economic, Social and Cultural Rights ('ICESCR').
Australia has ratified all of these conventions. Accordingly, the terms of the Convention are binding on the Australian government.
Part 2 of the submission provides an overview of the civil and political rights contained in the ICCPR, as well as the CAT and the CRC, and the extent to which the present Bill meets Australia's international obligations in respect of these rights. The rights considered in this Part are the rights to life, freedom from torture and inhumane treatment, freedom from arbitrary detention, a fair trial, and non-discrimination.
Part 3 of the submission examines and discusses the proposed Bill's compatibility with Australia's human rights obligations in respect of economic, social and cultural rights under the ICESCR and the CRC. Specifically, this Part considers the human rights to health and education.
Although some of the human rights conferred upon children under the CRC are considered in Parts 2 and 3, Part 4 of this submission considers the Bill in light of other rights which are specific to children under the CRC. These are, namely, the rights conferred upon refugee children, the right to an adequate standard of living, and the right to leisure.
Part 5 of the submission concludes that a number of the Bill's provisions are inconsistent with international human rights principles and standards and Australia's obligations in respect of those norms. The submission therefore recommends that the Bill not be passed in its current form.
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