United Nations Committee Voices Concern About Treatment of Refugees, Violence Against Women
Thursday 13 November 2014 @ 12.29 p.m. | Legal Research
The United Nations Committee against Torture has asked Australia to “please explain” its commitment to human rights in a number of areas, including the treatment of asylum seekers and domestic violence. This week saw Australia being examined by the Committee over two days, with a report to be released shortly. Drawing particular attention was Australia’s stance on whether domestic violence should fall under the remit of the review.
How does the Committee work?
Fiona McGaughey, writing in The Conversation, outlined the role of the Committee:
“The committee monitors states’ implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It does so primarily by reviewing states’ periodic progress reports, asking the government questions on areas of concern, and issuing public recommendations.”
Australia was one of CAT’s original supporters, signing in 1985. Countries are reviewed by the committee as part of their commitment to the Convention, and Australia was last reviewed in 2008. The committee will then issue a report with recommendations for how Australia can improve its record – although as with most international law obligations, there is no real enforcement mechanism apart from public pressure.
Immigration and Detention
According to ABC News, the Committee requested a response from Australia to a number of criticisms, including:
- Descriptions of Australia’s offshore detention centres as “cruel” and “inhumane” by the United Nations High Commissioner for Refugees and Amnesty international;
- Questions about the death of Iranian detainee Reza Berati; and
- Allegations of sexual abuse in asylum seeker camps.
Daniel Webb from the Human Rights Law Centre told ABC News that:
“it was pretty clear that the committee has got serious concerns when it comes to compliance with this important international human rights treaty… One committee member even noted that in the two years since Australia sent the first asylum seeker to Manus, two have died but not one has been processed and re-settled.”
Violence Against Women
McGaughey says that:
“For the first time, the committee is asking questions about Australia’s action on violence against women, including domestic violence. Although traditionally viewed as outside the scope of the torture treaty as domestic violence is not carried out by an “official” as per the definition of torture, there is growing awareness of the need for a gendered analysis of international human rights law.”
Australia’s response to questioning about domestic violence has been heavily criticised, with the submissions reading:
“As a matter of international law, domestic violence does not fall within the scope of the Convention ... as it is not conduct that is committed by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.”
According to a report on Women’s Agenda from Jenna Price, the Committee responded by pointing out that Australia was the only government to refuse responsibility. Rachel Ball from the Human Rights Law Centre told Daily Life that:
“Governments' obligation to effectively address domestic violence has long been established under international law and Australia's failure to recognise this is a disappointing backwards step. The outdated view that domestic violence is a private matter between a woman and her partner is one of the reasons that it remains one of the most serious and widespread human rights abuses in Australia.”
Other concerns
The Committee also questioned Australia on the over-representation of indigenous Australians in prison and raised questions about new counter-terrorism legislation. They also asked about Australia’s progress in implementing the Optional Protocol to the CAT, which according to The Conversation “will enable international inspections of places of detention.”
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