Australia s Responsibility For Offshore Processing

Australia’s Responsibility for Offshore Processing in Nauru and Papua New Guinea (PNG) In 2013, Australia signed a Regional Settlement Arrangement (RSA) with PNG and later a new Memorandum of Understanding with Nauru regarding refugees resettlement . Notwithstanding Australia’s attempt to evade from its international human rights obligations by sending asylum seekers and refugees outside its territory, as Australia is a party to a number of treaties, including the ICCPR, the ICESCR, the CRC, the CAT and the Refugee Convention , Australia’s international human rights obligations clearly apply when transferring asylum seekers to a third country. The essay argues that Australia has the responsibility for human rights abuses, if any, in†¦show more content†¦Respect for sovereignty refers to the non-interference in the independent governmental power in Nauru and PNG; however, this does not restrict any international human rights obligations of Australia, which is determined in accordance with international law and treaty interpretation â€Å"in good faith, according to their ordinary meaning, and in light of their context and the treaty’s object and purpose† . 1.1 Acts Attributable to Australia A State can â€Å"act† through the conduct of its agents. Conducts by any governmental bodies or anyone with governmental authority, and entities acting under the direction or control of the State could be attributed to the State . Regarding asylum seekers in Nauru and PNG, conducts by the Australian Immigration Minister, the Department of Immigration and Border Protection (DIBP) and DIBP officers should be attributed to Australia, as they make up decisions to remove asylum seekers to Nauru or PNG on behalf of the Australian government. Moreover, the conduct by Transfield, the contractor designated by the Australian government to manage the detention centres, may be attributable to Australia because it exercises elements of governmental control over the centres. 1.2 Breach of International Obligations Third country processing for asylum seekers is not prohibited under international law, but Australia could still remain liable for the transfer, and ought to ensure adequate safeguards for the transferred asylum seekers .