Additional Comments from the Australian Greens
1.1
The inquiry into the events of 16 to 18 February 2014 on Manus Island,
in which 70 asylum seekers were seriously injured and Mr Reza Barati was
killed, has revealed that the Australian Government failed in its duty of care
to protect asylum seekers from harm and that the future operation of the centre
is untenable.
1.2
Whilst the Australian Greens agree with many aspects of the majority
report into the incident, there are a number of important recommendations that
are integral to upholding Australia's obligations to those detained at the
Manus Island detention centre which have not been included. Whilst the major
parties continue to tout the successes of offshore detention, the evidence
provided to the committee suggests the contrary. Offshore detention is not
sustainable.
1.3
There is no doubt that the event that took place at the Manus Island
Centre was foreseeable and avoidable. The committee heard that there were a
number of significant factors that contributed to the event, in particular the
dramatic increase in the population at the centre, the harsh and inhumane
conditions endured by asylum seekers whilst detained, and the complete absence
of refugee status determination and resettlement arrangements (these issues are
extensively covered in the majority report). These combined elements fuelled a
toxic and hopeless culture in the centre.
1.4
Mr Steven Kilburn, a former G4S Safety and Security Officer at Manus
Island RPC, gave an eloquent summary of his experiences at the centre:
Within a week of arriving on Manus Island I had formed the
opinion, and I made comments to my wife and people that I know that there is
only one possible outcome on Manus Island and that is bloodshed.
I felt violence was inevitable because of the location of the
centre, the poor conditions that transferees and staff were required to live
and work under, the tension between local PNG guards and transferees, concerns
about the MIRPC in the local community, the time being taken to process the transferees
asylum application and the decision by the Australian Government to tell the
transferees that they would never set foot on Australian soil, which took away
their hope for a quick resolution to their asylum applications.[1]
Responsibility of the Australian Government and Australia's human rights
breaches
1.5
The Australian Government failed in its obligations to prevent the death
of Mr Reza Barati and protect asylum seekers from the violence that ensued. The
Australian Greens agree with the majority report that Australia was, at the
time of the incident, and is still exercising effective control over the centre
and the individuals held there.
1.6
It is clear that offshore processing at the Manus centre has allowed for
multiple violations of the basic human rights of asylum seekers, in particular,
the right to life, the right to security of person, and the right to an
effective remedy. As outlined in chapter 7 of the majority report, Australia is
continuing to breach its obligations under international human rights law,
breaches which may substantially increase the risk of further instances of
violence at the Manus Island detention centre. In light of this evidence,
serious questions must be asked about the viability of the centre.
1.7
The committee heard distressing evidence throughout this inquiry in
relation to the harsh and degrading living conditions transferees are subjected
to at the Manus Island detention centre. These conditions have been assessed as
inhumane and in breach of our international obligations by UN human rights
bodies and other respected human rights organisations such as Amnesty
International.
1.8
It is the view of the Australian Greens that the future operation of the
Manus Island RPC is untenable. There is a compelling moral case for the
government to take action to prevent harm where it is fundamentally in the
government's power to do so. To that end, the closure of the Manus Island RPC
and the bringing of persons held there back to Australia is the best way to
ensure that the human rights of asylum seekers are protected in accordance with
Australia's human rights obligations under international law.
Conduct of the Minister
1.9
The Australian Greens depart from the majority reports view that it is
'reasonable to assume that the Minister was relying on factually incorrect
information' when informing the Australian public about the incidents. The
public statements made by the Minister for Immigration and Border Protection
following the violent attacks were selective and completely irresponsible. The
Department was well aware on 18 February that that the incident did not occur
outside the centre and the PNG mobile squad had in fact entered the centre,
prior to the Minister's statements.
1.10
The Minister sought to deliberately apportion blame to the asylum seekers
themselves for the violence and the injuries they sustained instead of taking
responsibility for deceiving the public as to the severity of the attacks.
Actions of PNG police mobile squad
1.11
Through the course of the inquiry, witnesses recounted the harrowing and
traumatic events that resulted in the death of Reza Barati. Witnesses described
incidents of asylum seekers being dragged from their rooms and viciously beaten
with excessive force. It is clear from the evidence provided to the committee
that Reza Barati was brutally murdered at the hands of service provider staff
and on the watch of the Australian Government.
1.12
As noted in the majority report, the violence dramatically increased
when members of the PNG police mobile squad entered the centre on the evening
of 17 February. The Australian Greens depart from the majority reports
conclusion that G4S did not invite the mobile squad into the centre. The
evidence suggests that G4S were well aware of the consequences of withdrawing
the IRT from the centre and that the attacks were imminent following their
departure. There were a number of serious concerns raised in the inquiry about
the suitability of the mobile squad, in particular the squad's ability to deal
with incidents using non-lethal force.
1.13
The Australian Greens are of the view that the presence of the PNG
mobile squad at the centre is unnecessary and they engaged in an excessive use
of force against asylum seekers. If the issues raised are not dealt with
further attacks are inevitable.
Criminal investigations in PNG
1.14
The Australian Greens acknowledge that charges have been laid against
two individuals in relation to the murder of Mr Barati, however this took some
six months. There are believed to be three more suspects who authorities are
still looking for, including expatriates. There have also been no arrests or
charges laid in relation to the other criminal assaults perpetrated against
asylum seekers between 16 and 18 February 2014. This is completely
unacceptable and the Australian Government should have done more to ensure that
the perpetrators were brought to justice.
1.15
The Australian Greens believe that a complete and thorough investigation
of Mr Barati's death, capable of bringing the full facts to light, including in
relation to individual responsibility, is necessary to fulfil the requirements
of Australia's obligations in accordance with the standards set out in
international human rights law. Further to this, the Australian Government must
do far more to assist the PNG authorities with the criminal investigations, and
this means making the AFP available to PNG authorities. Australia cannot wash
its hands of responsibility.
Refugee status determination and resettlement processes
1.16
As noted in the majority report, the lack of progress on asylum seekers
refugee status determination processing was a major factor leading to the
events. The Australian Greens find it alarming that these issues are still not
well advanced months after these events occurred.
1.17
It is unacceptable that asylum seekers were sent to PNG without any
clear legislative or administrative framework in place for their processing and
resettlement, and remain in limbo nearly 18 months later, with further
uncertainty ahead. It is important to note that the PNG government has
announced a review of the resettlement arrangements and that an extensive
public consultation is underway due to community unrest, suggesting that
genuine resettlement will not be forthcoming.[2]
1.18
Given the harsh and arbitrary nature of the conditions endured by asylum
seekers while these processes continue, an outer limit should be placed on the
time which transferees must spend on Manus Island before their asylum claims
are settled. Given that Australia has established processes in place for
dealing with refugee status determination, asylum seekers should have their
claims processed in Australia if timely processing in PNG cannot occur.
Conclusion
1.19
It is the view of the Australian Greens that the events of 16–18 February were imminent
and the Australian Government failed to acknowledge the warning signs and act.
As a result of this inaction a young man was murdered and dozens injured. The
evidence clearly states that the Australian Government had, and continues to
have, effective control over the centre and is responsible for protecting those
held within it. The viability of the centre is shot and should be closed
immediately.
Recommendation 1
1.20
The Australian Greens recommend that the Australian Government close the
Manus Island Regional Processing Centre and transfer asylum seekers back to
Australia.
Recommendation 2
1.21
The Australian Greens recommend that the Minister for Immigration and
Border Protection apologise for misleading the Australian public in relation to
the incident which led to the death of Mr Reza Barati.
Recommendation 3
1.22
The Australian Greens recommend that the Australian Government ensure an
adequate and effective investigation into the death of Mr Reza Barati in accordance
with the requirements of Australia's duty to investigate under international
human rights law. This includes:
- working in coordination with PNG authorities and providing
appropriate support and assistance to PNG police with their investigation;
- as required, either separately or in coordination with the PNG
police, conducting a police investigation that takes witness testimony from
individuals present at the incident who are now in Australian territory;
- as appropriate, removing witnesses held at the Manus Island
Regional Processing Centre from PNG to Australia to ensure their safety; and
- extraditing or prosecuting those accused of Mr Reza Barati's
death who now reside in Australia and ensuring that criminal prosecution is in
accordance with international laws and standards, without recourse to the death
penalty.
Recommendation 4
1.23
The Australian Greens recommend that the Australian Government direct
the Australian Federal Police to assist PNG authorities with the investigations
in order to bring the perpetrators to justice.
Recommendation 5
1.24
The Australian Greens recommend that the Australian Government work with
the Papua New Guinea Government to ensure that Refugee Status Determination
processes for all asylum seekers at the Manus Island detention centre are
finalised by the end of March 2015 with a plan to resettle people safely in
Australia.
Senator Sarah Hanson-Young
Australian Greens
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