Australia's asylum policy again under fire from UN

Transcript

Australia's government has reacted angrily to a report by the United Nations that found its treatment of asylum seekers breaches international conventions against torture.

The report, by the UN's special rapporteur on torture, found indefinite detention of asylum seekers and the detention of children was in breach of Australia's international obligations.

But Australia's Prime Minister, Tony Abbott, says Australian's are sick of being lectured to by the UN, and the report would have more credibility if it were to give more credit to his government for stopping the boats.

But Daniel Webb, of the Human Rights Law Centre, told Jamie Tahana the report's findings make it clear the Australian government's actions are in breach of international law.

DANIEL WEBB:  Well I think that the findings from the special rapporteur are pretty clear and pretty strong in that Australia are breaching the Convention Against Torture in a systematic way and what we are doing is harming the men, women and children who are seeking our protection.  In the process what we're doing is also harming our very hard-earned international reputation as a decent and rights respecting nation.

JAMIE TAHANA:  The government didn't respond to the request from the rapporteur and today Tony Abbott saying Australians are sick of being lectured to by the United Nations and saying it's a humane policy.  What do you make of a response like that?

DW:  That's a truly remarkable response.  It's disappointing although in a sense not surprising because we've seen recently the government's attacks on the human rights commission after it released a report on children in detention, when it comes to asylum seeker policy, rather than heeding important human rights messages the government just attacks the messengers.  Here the messenger is the United Nations and Australia needs that system of law and order.  We use it often to protect our own national interests.  That means we can't just thumb our noses at it when it makes  findings that happen to be a little bit inconvenient of the day.

JT:  A clear breach, according to the rapporteur of international law.  What could this mean?  For such breaches, what could happen to the Australian government and ultimately I guess the asylum seeker policy?

DW:  Well look, Australia has campaigned for a seat on the Human Rights Council and that is the very council that this report will be tabled in so findings like this that we are systematically violating the Convention Against Torture certainly don't do that campaign any favours.  More broadly, while findings like this aren't enforceable in the way that the orders of a domestic court are enforceable.  They really are a wake up call for Australia that what we are doing is at odds with other comparable nations.  It's harming refugees and it's harming our international reputation.

JT:  A wake up call that it seems it's likely to be ignored though?

DW:  Well by the government it certainly sounds that way and I think that's disappointing because ultimately Australia does face like many other nations, a difficult policy challenge.  We need to find a way to save lives at sea but in addressing that challenge there are certain lines we cannot cross and the Convention Against Torture is one of those lines and we're crossing it.  Australia needs to look for ways that saves lives at sea that don't involve violating the basic rights of those who survive.

JT:  Also this week we have another review into detention.  The Moss Review examining why 10 Save the Children workers were sent home from Nauru over allegations of     sexual abuse.  From your perspective, what's likely to come from this?  There's already been criticism from Save the Children of this review already.

DW:  To be honest with you I haven't had a chance to review the findings of the Moss Review but what I can say is that again what led to all of that was there were reports that children in detention on Nauru were being harmed and instead of expressing concerns of those reports the government went after the whistle blowers, it went after Save the Children and it removed people from the island.  Again when we are dealing with the fundamental human rights of people, of people who come here seeking our protection, there needs to be more.  We need better from our government than just attacking the messenger every time there's a bad news story.