Human Rights Commissioner calls for transparency in Nauru deportation arrangement

Australia’s Human Rights Commissioner has warned that the first deportation to Nauru under Australia’s new deportation deal exposes a disturbing lack of transparency and raises serious human rights concerns.  

The Minister for Home Affairs has confirmed that an initial transfer to Nauru has taken place under the 30-year deal struck between the two countries earlier this year - for Nauru to accept members of the NZYQ cohort at a reported $2.5bn cost to Australia. Minister Burke did not specify how many individuals were involved in this initial transfer.  

‘This development marks the beginning of a removal arrangement still shrouded in secrecy,’ said Human Rights Commissioner Lorraine Finlay. 

‘The lack of confirmation about even this most basic detail of the transfer underscores the secrecy surrounding the arrangement and raises questions about the Government’s commitment to transparency and accountability.’ 

Commissioner Finlay said that despite repeated appeals for transparency since the deal was first announced in February, there are still outstanding questions to be answered. These questions, she explains, go to the heart of Australia’s legal and moral obligations. 

In particular, while the publicly available information says that the agreement includes commitments by Nauru to ensure treatment in accordance with international human rights law, it is not clear how those commitments will be enforced, what recourse individuals will have if their rights are breached, and what mechanisms are in place to facilitate independent oversight and monitoring.  

‘The lack of clarity around these questions is deeply concerning,’ Commissioner Finlay said. ‘The Australian Government needs to ensure any arrangement is consistent with our domestic and international human rights obligations. As the UN Human Rights Committee has made clear, outsourcing the management of asylum seekers and refugees does not absolve a State of its legal responsibilities. 

‘The decision to deport individuals under an opaque deal reportedly worth billions undermines the principles of accountability and transparency that should underpin our immigration system.  

‘Australia has the right to manage its borders and make decisions about removal. But how we do that matters.  

‘These decisions must be made in a way that respects human rights, upholds our international obligations, and reflects our national values. Australians have a right to know how taxpayer money is being spent, how these arrangements are being implemented, and to be assured it is all consistent with the basic principles of transparency, accountability, and fairness.’ 

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