Australia’s Extraterritorial Border Control Policies
69
Poor Conditions of Detention
The poor conditions of detention centers also violate international law. The
UNHCR has observed that asylum seekers in Nauru are kept in “cramped conditions, with very little privacy, in very hot conditions, with some asylum seekers
sleeping on mattresses on the ground.”71 These inadequate conditions, which
compromise the health of asylum seekers and refugees, are further exacerbated by:
Lack of adequate medical facilities, including for heart conditions,
dental issues, and, in one case, to address a metal plate embedded in
one person’s leg.
Hygiene issues: many complained of skin conditions and other infections,
including parasites and lice.
Lack of a gynecologist for the women.
Lack of access to x-rays and other medical equipment.
72
Limited access to medication.
Furthermore, as stated earlier, asylum seekers and refugees transferred by Australia
to Nauru and Papua New Guinea have also been subject to both sexual and physical
abuse.73
Article 10 of the ICCPR requires states to treat detainees with “humanity and with
respect for the inherent dignity of the human person.” The Human Rights
Committee has stated that “States parties should ensure that the principle stipulated
[under Article 10 of the ICCPR] is observed in all institutions and establishments
within their jurisdiction where persons are being held.”74 The lack of medical care
and cramped, hot conditions of detention are inconsistent with humanity and
respect for the inherent dignity of the human person, and thus violate Article 10 of
the ICCPR.
The conditions of detention may also violate Article 7 of the ICCPR, which
prohibits cruel, inhuman, or degrading treatment. In General Comment No. 20, the
Human Rights Committee states that, “[i]n the view of the Committee, States
parties must not expose individuals to the danger of torture or cruel, inhuman or
degrading treatment or punishment upon return to another country by way of their
71
United Nations High Commissioner for Refugees, UNHCR Monitoring Visit to the Republic of
Nauru 7–9 October 2013.
72
Ibid.
73
P. Farrell et al., “The Nauru Files: Cache of 2,000 Leaked Reports Reveal Scale of Abuse of
Children in Australian Offshore Detention,” The Guardian, August 10, 2016, www.theguardian
.com/australia-news/2016/aug/10/the-nauru-files-2000-leaked-reports-reveal-scale-of-abuse-ofchildren-in-australian-offshore-detention.
74
United Nations Human Rights Committee, General Comment No. 21, Humane Treatment of
People Deprived of Liberty (April 10, 1992), p. 1, www.un.org/ga/search/view_doc.asp?symbol=
HRI/GEN/1/Rev.1.
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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