Amnesty International Australia has made a submission to Legal and Constitutional Affairs References Committee inquiry into offshore processing and resettlement arrangements.
Amnesty recommends the complete abolition of offshore processing centres and third-country resettlement arrangements, as these policies violate fundamental human rights and are incompatible with Australia’s human rights obligations. These policies have caused immense suffering, resulted in loss of life, and failed to provide safety or protection to people seeking asylum.
Australia must uphold its international obligations under the 1951 Refugee Convention and related human rights treaties. Shifting responsibility to third countries, where human rights protections are inadequate, is inconsistent with international law and Australia’s legal and moral obligations.
AIA’s research, including the Island of Despair report, has consistently documented widespread human rights abuses in offshore processing centres in Nauru and Papua New Guinea. These abuses include violence from private contractors and police, prolonged, indefinite detention causing poor mental health, leading to loss of life, and other abuses, that Amnesty ultimately found to constitute torture.
Evidence shows that refugee children and families resettled in Nauru experienced serious harm, fear, and insecurity, including threats of violence and barriers to education. These outcomes demonstrate the systemic failure of offshore processing to protect vulnerable people.
AIA calls for immediate durable solutions for individuals affected by the NZYQ High Court decision and all people still trapped in Nauru and PNG. Amnesty has stated that indefinite detention is “inhumane, cruel and punitive” and that punitive post-release measures violate international legal principles.
Policies that impose surveillance, curfews, or coercive visa conditions, on released individuals risk compounding unlawful punishment and undermining the separation of powers. Migration laws and policies must not be used as a mechanism for continued punishment.
Migration laws and policies must not be used as a mechanism for continued punishment.
The Committee should recommend full transparency and independent oversight of taxpayer expenditure on detention, offshore processing, and third-country resettlement. Taxpayer funds should not be used for policies that violate human rights standards.
Future funding should be redirected toward community-based alternatives to detention, legal assistance, and durable protection pathways, that comply with human rights law and promote social integration.
Amnesty International is a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all – and we can only do it with your support.
Act now or learn more about our human rights work.
