Amnesty International Australia

Despite the situation in Sri Lanka and Afghanistan seemingly getting worse each day, the Australian Government has recently stopped processing asylum claims of people from these countries on the basis that they no longer have a 'well-founded fear of persecution'.

Immigration Minister Chris Evan cited 'changing circumstances' in the two countries as the reason when the decision was taken in April.

However, according to our experts, the situation in both countries remains volatile and people who are overwhelmingly found to be genuine refugees are simply being left in limbo.

• Afghanistan: Grave concerns
• Sri Lanka: Crackdown intensifies
• Act now

By Horia Mosadiq, Amnesty International's Afghanistan researcher

The security situation in Afghanistan is worsening every day. Millions of people living in southern and eastern Afghanistan continue to suffer insecurity that impacts on already limited access to food, healthcare and schooling.

Indiscriminate attacks, abductions and targeting of civilians have reached unprecedented levels. And more than 2,000 civilian deaths have resulted from increased military attacks between anti-government groups and US and NATO troops in the past year alone.

Government controlled areas

In areas of the country controlled by the government, arbitrary arrest and detention by the police and other official security agencies, as well as semi-official militias, are widespread.

The Afghan judicial and security sectors lack the personnel, infrastructure and political will to protect human rights. When we visited Afghanistan recently, we spoke to many people who told us the Taleban is forcibly recruiting more and more young men. This is a large reason why so many teenage boys are fleeing the country to places like Australia. And in the areas under the control or influence of the Taleban, girls are prevented from going to school and women are denied access to health and education.

Women in Afghanistan

Amnesty International has for many years reported that millions of women in the country suffer a hidden, pervasive violence at the hands of their own families and communities. Traditional practices and customs within the country, such as forced or underage marriage, coupled with an absence of the rule of law, along with laws that actually demean women and fail to give them the protection they deserve, remain a huge concern.

Under these conditions, we don’t think it is safe for people to return.

Concerns with Australia

We are concerned that the Australian Government intends to detain people, particularly unaccompanied minors, for up to six months before assessing their asylum claim. This is a violation of the 1951 UN Refugee Convention to which Australia is a signatory.

By Yolanda Foster, Amnesty International's Sri Lanka expert

The crackdown on freedom of opinion and expression in Sri Lanka appears to be building in intensity. We have serious concerns about the ongoing risk of human rights violations currently faced by civilians in the country.

Treatment of ethnic minorities

Tamils throughout the country, but particularly young Tamil men from northern or eastern Sri Lanka, are being disproportionately subjected to arrest and detention based almost solely on their ethnicity. Members of the Sinhalese majority and ethnic minorities, such as Muslims, also face threats - especially journalists, trade unionists and human rights defenders.

This has been particularly true since December 2009, when pressure on critics intensified in the lead-up to elections. Journalists have been among the hardest hit by recent repression. At least 15 journalists have been killed since 2006 and many have fled the country.

Disappearances, death and detention

Young Tamil men have also been killed in unexplained circumstances, allegedly by state agents and Tamil paramilitary groups working for the Sri Lankan security forces. The vast majority have not been investigated or prosecuted.

Abductions and enforced disappearances are a serious problem affecting hundreds of civilians. Prageeth Ekneliyagoda, a Sinhalese journalist, disappeared in January after receiving repeated threats. Human rights defender Pattani Razeek disappeared in February.

At the conclusion of the war, more than 11,000 Tamil people (mostly young men, but also women and suspected child soldiers) were arbitrarily detained in what the Sri Lankan Government calls ‘rehabilitation’ camps. These camps remain operational and there is widespread reporting of torture by police and military personnel.

Outside the camps, all ethnic groups in Sri Lanka continue to face the risk of torture in police custody, where it is pervasive.