Appalling abuse, neglect of refugees on Nauru
3 August 2016
Australia: Appalling abuse,
neglect of refugees on
Nauru
Investigation on remote
Pacific island finds deliberate abuse hidden behind wall of
secrecy
About 1,200 men, women, and children who sought refuge in Australia and were forcibly transferred to the remote Pacific island nation of Nauru suffer severe abuse, inhumane treatment, and neglect, Human Rights Watch and Amnesty International said today. The Australian government’s failure to address serious abuses appears to be a deliberate policy to deter further asylum seekers from arriving in the country by boat.
Refugees and asylum
seekers on Nauru, most of whom have been held there for
three years, routinely face neglect by health workers and
other service providers who have been hired by the
Australian government, as well as frequent unpunished
assaults by local Nauruans. They endure unnecessary delays
and at times denial of medical care, even for
life-threatening conditions. Many have dire mental health
problems and suffer overwhelming despair—self-harm and
suicide attempts are frequent. All face prolonged
uncertainty about their future.
“Australia’s
policy of exiling asylum seekers who arrive by boat is cruel
in the extreme,” said Anna Neistat, Senior Director for
Research at Amnesty International, who conducted the
investigation on the island for the organization.
“Few other countries go to such lengths to
deliberately inflict suffering on people seeking safety and
freedom.”
Australian authorities are well aware of
the abuses on Nauru. The Australian Human Rights Commission
(AHRC), the Office of the United Nations High Commissioner for
Refugees (UNHCR), a Senate Select Committee, and a
government-appointed independent expert have each highlighted
many of these practices, and called on the government to
change them. The Australian government’s persistent
failure to address abuses committed under its authority on
Nauru strongly suggests that they are adopted or condoned as
a matter of policy.
By forcibly transferring refugees
and people seeking asylum to Nauru, detaining them for
prolonged periods in inhuman conditions, denying them
appropriate medical care, and in other ways structuring its
operations so that many experience a serious degradation of
their mental health, the Australian government has violated
the rights to be free from torture and other ill-treatment,
and from arbitrary detention, as well as other fundamental
protections, Human Rights Watch and Amnesty International
said.
“Australia’s atrocious treatment of the
refugees on Nauru over the past three years has taken an
enormous toll on their well-being,” said Michael Bochenek,
Senior Counsel on Children’s Rights at Human Rights Watch,
who conducted the investigation on the island for the
organization.
“Driving adult and even child
refugees to the breaking point with sustained abuse appears
to be one of Australia’s aims on Nauru.”
Australia
and Nauru impose strict secrecy on the processing of asylum
seekers on Nauru and refuse most requests to visit from
journalists or researchers. Nevertheless, an Amnesty
International researcher and a Human Rights Watch researcher
were able to enter Nauru legally and remain for a total of
12 days in July 2016. They were not asked about their
organizational affiliations when they completed entry
formalities. They interviewed 84 refugees and asylum seekers
from Iran, Iraq, Pakistan, Somalia, Bangladesh, Kuwait, and
Afghanistan, including stateless Kurds who had been living
in Iran or Iraq. Twenty-nine were women. Five were girls,
and four were boys. The researchers also interviewed several
service providers, who agreed to share information despite
risking prosecution for providing information.
Nauru,
a tiny, impoverished island of 21 square kilometres, or
eight square miles, is smaller than Melbourne’s airport.
The population is 10,000. The island’s interior,
devastated by 40 years of phosphate mining, is mostly
uninhabitable and uncultivable. Employment opportunities are
scarce, and basic services, such as health and education,
are largely inadequate.
Australia has been forcibly
transferring families with children, unaccompanied children,
and single men and women to Nauru since September 2012 under
Memorandums of Understanding between the
two countries. Australia agreed to cover all costs
associated with the offshore detention and processing of the
asylum seekers and refugees. The Australian government spent
415 million Australian dollars (US$314 million) on its Nauru
operations in the fiscal year ending on April 30, 2015,
nearly $350,000 for each person held on the island in that
year alone.
Those transferred to Nauru initially spent
a year or more housed in cramped vinyl tents in a detention
facility called the “Regional Processing Centre” (RPC),
with temperatures indoors regularly reaching 45 to 50
degrees Celsius (113 to 122 degrees Fahrenheit), and
torrential rains and flooding.
Refugees and asylum
seekers described conditions in these detention camps as
“prison-like,” with regular searches of their tents by
the guards, confiscation of “prohibited”
items—including food and sewing needles—two-minute
showers, and filthy toilets.
The RPC is run by a
private company hired by the Australian government, which
has effective control of the facility and is responsible for
ensuring the health and welfare of the asylum seekers
detained there. Australia shares responsibility with Nauru
for human rights violations committed against the refugees
and asylum seekers.
Those the Australian and Nauru
governments recognize as refugees are generally provided
accommodation in open camps or other housing throughout the
island. Families are generally assigned prefabricated units
or converted containers, and single men are placed in rooms
with space only for a bed and a small shelf. About one-third
of the 1,200 refugees and asylum seekers on Nauru remain in
the tents, people interviewed said.
Since October 2015
Nauru has allowed asylum seekers greater freedom of movement
around the island, a step widely interpreted as a response
to litigation in Australia challenging the lawfulness of
asylum seekers’ detention. But those who remain in the
tents are still subject to curfews, may not bring
smartphones into the centre, are monitored by guards, and
face other restrictions on their liberty.
Prolonged
detention in appalling conditions exacerbated the trauma
many had suffered from persecution in their home countries
and the abuses and other hazards they faced on their
journeys to Australia, as the Australian Human Rights Commission and
UNHCR, among others, have found.
Refugees and asylum seekers interviewed said they
have developed severe anxiety, inability to sleep, mood
swings, prolonged depression, and short-term memory loss on
the island. Children have begun to wet their beds, suffered
from nightmares, and engaged in disruptive and other
troubling behavior. Adults and children spoke openly of
having wanted to end their lives. However, refugees on Nauru
do not receive adequate support or mental health treatment.
The standard of medical care for refugees and asylum
seekers on Nauru is also poor. Medical equipment is
rudimentary, and specialist medical attention is not
regularly available. Dental services are largely limited to
tooth extraction.
Refugees and asylum seekers
described long delays on seeing specialists for serious
conditions or for being transferred to medical facilities
outside Nauru for care not available there. Under new
policies, those transferred to Australia for care must go
without their family members in most cases, an apparent
attempt to force them to return to Nauru.
When Amnesty
International and Human Rights Watch put these concerns
about medical care to International Health and Medical
Services, the company hired by the Australian government
to provide medical services on Nauru, senior staff denied
that care was poor.
The physical safety of those held
on Nauru is a serious concern, Human Rights Watch and
Amnesty International said. Many asylum seekers had been
beaten and robbed. Every woman interviewed said she could
not go out alone. Interviewees said that local police made
little or no effort to investigate attacks against
them.
Children who attend local schools described
frequent bullying and harassment from Nauruan students, who
tell them to go back to their home countries. Many have
stopped attending classes altogether.
Some refugees
and asylum seekers said that the abuses they endured gave
them little option but to accept or request return to
countries where they face a real risk of persecution or
other serious harm.
The Australian government should
immediately resettle the refugees in Australia and close the
Nauru offshore processing centre. While refugees and asylum
seekers remain on Nauru, Australia should ensure that they
receive quality medical and mental health care. Nauru should
allow independent human rights monitors and journalists
access to the island, and Australia should do likewise for
its “processing centres” for asylum
seekers.
ADDITIONAL BACKGROUND AND TESTIMONIES
A wall of
secrecy
The Australian government’s offshore
operation on Nauru is surrounded by a wall of secrecy, with
both Australia and Nauru going to great lengths to prevent
the flow of information off the island. Service providers
and others who work on the island facecriminal charges and civil penalties
under Australian law if they disclose information about
conditions for asylum seekers and refugees held offshore.
Nauru has banned Facebook on the island and has
enacted vaguely worded laws against threats to public order
that legal experts fear could be used to criminalize protests by refugees and
asylum seekers.
Journalists in particular face severe
restrictions on entry, with an $8,000 non-refundable visa
fee and a protracted application process. Nauru has granted
visas tojust two media outlets since January
2014. Other requests have been rebuffed or met with no response. UN
officials have been denied entry or in some cases have
concluded that a visit would be impractical due to severe
limitations on their access.
Attacks, sexual
violence, and impunity
Every refugee and asylum
seeker interviewed reported intimidation, harassment, or
violence directed at them or family members by Nauruans
acting alone or in groups. They said the assailants cursed
and spat on them, threw bottles and stones, swerved vehicles
in their direction as they walked or rode on motorbikes, or
broke their windows or destroyed other property.
Human
Rights Watch and Amnesty International documented cases in
which Nauruans, alone or in groups, assaulted and robbed
refugees and asylum seekers, sometimes at knifepoint, during
daylight or in the evening. In all, more than 20 of those
interviewed said they had been attacked by Nauruans.
A
refugee from Bangladesh suffered serious head trauma in May
when a Nauruan man threw a large rock at him, kicked the
refugee off his motorbike, and beat him after he fell. A
Somali woman reported that several Nauruan men attacked her
husband in March, hitting him on the head with a machete.
The following night, a group of Nauruans tried to break into
the family’s housing. A Somali man said a Nauruan man
robbed him when he attempted to hitchhike to a store.
Many others spoke of being attacked by Nauruan men,
who stole their money, mobile phones, and motorbikes, as the
refugees went to work or bought food. A service provider
confirmed that such assaults happen “several times a week,
especially over the weekend.”
As a result, refugees
and asylum seekers said they were afraid to leave their
accommodations, particularly at night. Women said they
almost never left the camps and then only in groups, or with
male companions.
Six women described sexual assault
or harassment, including groping, touching, explicit
threats, demands for sex, and attempted rape. One woman said
that on two occasions Nauruan men tried to drive her to the
jungle when she was catching a ride with them, clearly
intending to rape her. She also said that at one point she
got a job at a shop on the island but had to quit after the
first day because other employees kept touching her.
One
young woman said she married for protection after being
released into the community:
“After I left the camp,
I felt very unsafe, I could not go out. I decided to marry a
man who is 15 years older, just to have protection. If you
are alone, everything is a struggle. At least he could go
shopping or accompany me. Now he is in the hospital and I
have to rely on my case manager if I need to go out of the
house.”
Another woman said:
“We are always
scared, all the time. I am always checking the door to see
if it is locked. We can’t go out alone. A lot of times,
some Nauruans get drunk and come near the entrance by the
road and shout at us.”
Refugees and asylum seekers
said that Nauruan police disregard their complaints and
sometimes discourage them from filing reports. Police have
dismissed some complaints as “made for media exposure
only,” a news report said. Several refugees provided Human
Rights Watch and Amnesty International with copies of
reports they filed with local police following the attacks,
saying that police had done nothing to investigate or
apprehend the attackers, even if the victims were able to
identify them. Service providers, who said they often have
to accompany refugees to file police reports, confirmed
these statements.
Nauru’s former chief justice,
Geoffrey Ames, QC, testified before an Australian Senate
Select Committee in July 2015 that “there is a serious
question about [police] independence and about their
willingness to investigate allegations against Nauruans who
are charged with assaults of non-Nauruans.” (Ames, an
Australian national, was forced out of office after Nauruan
authorities revoked his visa in January
2014.)
Medical care
International Health and Medical
Services (IHMS), a company hired by the Australian
government, is the main health service provider for refugees
and asylum seekers. Some of its staff have publicly condemned the appalling
treatment of refugees on Nauru, raising concerns about the
company’s operations there. Specialized medical equipment
and staff are not available on Nauru; Nauruans who require
more than basic medical care are sent to Australia or Fiji.
Refugees and asylum seekers reported that the hospital lacks
even basic supplies, such as bandages or sterile gloves.
Refugees and asylum seekers reported that both the
IHMS medical staff and Nauru’s hospital often refuse to
take their complaints seriously, and in most cases reported
to Human Rights Watch and Amnesty International prescribe
nothing but painkillers. Some of those interviewed said that
they had developed serious medical problems in Nauru and
that they had received virtually no specialized medical
attention. They had heart and kidney diseases, diabetes
accompanied by weight loss and rapidly deteriorating
eyesight, and back problems leading to reduced mobility,
among other conditions. When Amnesty International and Human
Rights Watch raised these concerns with senior IHMS staff in
Australia, they “strongly refuted” allegations of poor
quality medical care.
Parents were particularly
critical of services available to women during pregnancy and
childbirth and said that newborns suffered from persistent
infections and other medical conditions.
An asylum
seeker described conditions while his wife was in labour:
“I saw my wife lying under the bed. The bed
didn’t have a mattress. . . . I saw the nurse, an
Australian nurse, playing on her tablet. My wife was crying.
I said, ‘Please do something for my wife. This is like a
jail, not a delivery room.’ The bathroom didn’t have
tissue or handwashing liquid. I went out to buy handwashing
liquid and rolls of tissue.”
Because they cannot
leave the island without authorization, they are completely
dependent on the Australian authorities and service
providers to arrange for them to be transferred to medical
facilities outside Nauru. Interviewees described long delays
while suffering with serious conditions, without any
information, before eventually being transferred to
hospitals in Papua New Guinea or Australia for tests or
surgery.
One father said:
“My son has kidney
problems. We have been visiting IHMS for two years now, and
they keep promising he would see a regular doctor, but it
hasn’t happened. They just take tests, but do not
prescribe any treatment. My daughter has been having such
problems with her eyesight that she cannot see the
blackboard in school and has to ask her classmates for
help—but there is no way to get glasses, or even get her
eyesight properly tested here.”
A young man with
diabetes said that after he lost 27 kilogrammes (60 pounds),
he went to the IHMS manager. The manager told him that such
weight loss is “normal” and that he only would be
“moderately worried” if the weight loss continued. The
family recorded the conversation on a mobile phone and
provided a copy to researchers.
A young woman who had
been forced to undergo genital mutilation in her home
country said that as a result, she was experiencing severe
pain and was not able to have sexual intercourse. She has
received no treatment for her condition in her time on
Nauru. She said:
“For five months, they just kept
referring me to a mental health specialist. I had no idea
what was wrong with me, and just kept blaming myself for
everything. I’ve been able to see a gynecologist a few
times since, but there is nothing they can do here for my
condition, and for a year and [a] half now they keep telling
me that I need to be transferred for treatment, but so far
it has not happened.”
Refugees and asylum seekers
reported multiple situations in which they tried calling an
ambulance when their friends or family members needed urgent
help, but the hospital refused to send one. A service
provider confirmed these accounts:
“When people call
[an] ambulance, or even when we call, they sometimes come,
and sometimes not, sometimes in 20 minutes and sometimes in
3 hours. But we are also not allowed to call ambulances for
our clients, or transport them to the hospital in our
vehicles—because it is considered ‘advocacy’, and we
are supposed to help our clients be ‘independent’. We
often have people discharged while they are still sick,
sometimes half-conscious; once a patient still had needles
in the hands. We are not allowed to ask the hospital why
they are being discharged, or what medication they’ve been
prescribed, or for their medical records.”
Even
getting a pair of glasses can be an ordeal—one woman
reported that she waited nine months for her prescription to
be filled from Australia.
Denial of access to
medical records
At least five refugees and
asylum seekers reported that their personal requests for
their medical records have been denied or have yielded
partial records—lacking information on surgery they had
undergone, for example. In some instances, they received
pages that were blank except for their name and age and the
doctor’s initials.
In several of the cases Human Rights
Watch and Amnesty International reviewed, doctors made
written requests in medical reports for overseas treatment
for refugees and asylum seekers because the hospital lacked
the necessary expertise or equipment. Those referred for
overseas treatment may wait for months before they are
transferred.
Medical transfers to Australia,
Papua New Guinea
Medical transfers are
frequently carried out with little notice, often separating
family members. In one case, a man was told that his wife
would need prolonged specialized treatment for her mental
health condition, which they asked him to authorize without
giving him any information about when she would be
transferred:
“The next thing I heard was, ‘Oh, we
sent your wife to Australia on an emergency flight’. That
was the next day. My son took it very bad. He was in shock.
He wasn’t able to say goodbye to his mother. [On arrival
in Australia] my wife woke up, and she didn’t have any
information; she didn’t even know she was in Australia. .
. .
“I am really worried about my son. For the last 40
days, he hasn’t left his room. He had a special
relationship with his mother. Now he doesn’t talk. He’s
very angry, and he doesn’t talk. I can’t control his
behaviour. Everything has changed about him.”
His
13-year-old son was having nightmares, had begun wetting his
bed, and was hostile to and refused to interact with anybody
other than his father, the man said.
Returns to Nauru
following medical care in Australia are even more abrupt,
and are sometimes carried out in a deeply humiliating and
traumatizing way. A man who had been in Brisbane with his
wife while she gave birth said:
“They handcuffed my
wife and me and said we had to go back to Nauru. My wife
wasn’t ready. She wasn’t dressed. She was sleeping. It
was not good. Why did they need to do it like this? If we
have to go back to Nauru, that’s not a big deal. Why early
in the morning, and with handcuffs? They took us from the
room at 7am and took the baby from us. We didn’t see the
baby until after 7pm”
In another case, a woman
said:
“I was sound asleep, and the door was locked.
Suddenly there was an officer in front of my face, with a
camera. He said, ‘Wake up!’ I couldn’t move. I
didn’t know where I was. There was an officer on each side
of me holding my arms, and more officers behind me. My legs
were shaking. My heart was pounding. I lost my footing, but
they dragged me into a room. They didn’t even allow me to
put on my glasses. They didn’t care about what the doctor
had to say. They put me on the airplane. I’m still scared.
When I try to sleep, I’m still remembering
this.”
Some said they were brought back to Nauru
even though doctors had advised immigration authorities that
they should not travel in their condition.
Others
described having serious chronic conditions requiring
transfers for treatment, which has sometimes been cut short
by their forcible return to Nauru. In one such case, a young
woman who developed lumps in her breasts, throat, and uterus
and was also diagnosed with ulcers, said that she was sent
for treatment first to Australia and later to Papua New
Guinea:
“When I was in Australia, my doctor told
immigration that I needed surgery for my breasts, but they
still sent me back. My problems deteriorated, and a year
later sent me to Papua New Guinea for endoscopy and
colonoscopy, but then returned me again. They gave me some
pills, but they are not working, and I am in constant pain
and cannot eat anything.”
In another case, a man who
suffered a heart attack after a year on the island was
eventually sent to Australia, where he stayed for four
months:
“When they came to take me back to Nauru,
IHMS people were there, and I tried to plead with them and
the security, but they just took me and my family. I was
scared, because the doctors found a blood clot in my heart,
and clogged arteries, and said it was very dangerous. When I
arrived, an IHMS doctor saw my file and said, ‘I cannot be
responsible for you, they should not have sent you back’.
I had another heart attack since, and the doctors keep
saying that they cannot do anything here, that I need
professional treatment and a proper hospital.”
When
Amnesty International and Human Rights Watch asked IHMS if
they had any medical concerns about the timing and manner of
transfers, senior medical staff replied that the
organizations would have to ask the Australian Department of
Immigration about this issue.
Beginning in February
2016, Australian immigration authorities have insisted on
medical transfers to Papua New Guinea rather than Australia,
service providers said. In cases in which the transfer to
Australia is still deemed necessary, Australian immigration
officials usually authorize transfer of the patient alone.
Service providers said that this new practice was introduced
after lawyers in Australia were successful in preventing the
returns of some of the refugees to Nauru following medical
treatment. “Now that their families remain on the island,
they have no choice but to return,” one said.
Mental health
Refugees and asylum
seekers suffering psychological trauma and severe mental
health conditions do not receive adequate support or
treatment. Only two types of mental health services are
available. International Health and Medical Services (IHMS),
the private contractor hired by the Australian government
which is the main health service provider for refugees and
asylum seekers, appears to make heavy use of strong sedative
and anti-psychotic medication—for children as well as
adults—to address mental health issues. Refugees and
asylum seekers said that these medications have severe side
effects but provide little relief. IHMS senior staff in
Australia “strongly refuted” allegations of poor quality
care, including the charge that prescriptions were
inappropriate, when Amnesty International and Human Rights
Watch spoke with them in advance of
publication.
Another agency, Offshore Service for
Survivors of Torture and Trauma (OSSTT), officially deals
only with previous trauma.
Families can wait for
months to have their children seen by a visiting specialist.
Nearly all interviewees reported mental health issues
of some kind—high levels of anxiety, trouble sleeping,
mood swings, and feelings of listlessness and despondency
were most commonly mentioned—that they said began when
they were transferred to Nauru. In many cases, the
consequences appeared to be severe—they repeatedly
self-harmed, cutting their hands or banging their heads
against the wall, did not speak to anybody for months, did
not recognize their relatives, and stayed in bed for weeks,
refusing to go outside or take showers. One woman told
researchers that during her time on Nauru she had begun to
wash her hands compulsively, hundreds of times a day.
Family members said that children also began to wet
their beds, suffer nightmares, act out, and in some
instances had stopped interacting with or even speaking to
people outside of their immediate families.
Even so,
refugees and asylum seekers sometimes received diagnoses
that were not reached on the basis of full psychiatric
evaluations and did not appear to take into account their
experiences of trauma in their home countries, their
prolonged detention on Nauru, and their uncertainty about
their future.
Many of the interviewees said that when
they reported their own or their relatives’ mental
problems to the IHMS, the complaints were often dismissed,
and in some cases they were accused of acting and
“mimicking” the conditions that they had seen in other
asylum seekers and refugees who have been transferred to
Australia for mental health treatments.
Moreover,
patients whose mental health issues were apparently severe
enough to justify their transfer to Australia were returned
several months later into the same conditions that doctors
had identified as contributing to their trauma.
A
service provider reported being aware of more than 20 such
cases, some of which led to tragedy. For example, Hodan
Yasin, a Somali woman who was considered suicidal, was
admitted to a hospital in Australia for several months, then
forcibly returned to Nauru. She was still considered highly
suicidal and placed in a special ward in one of the camps,
which was supposed to have 24-hour observation. However, she
managed to escape, buy gasoline, and set herself on fire,
burning 86% of her body.
More than a dozen of the adults
interviewed said they had tried to kill themselves by
overdosing on medication, swallowing bleach, other cleaning
products, or razors, hanging or strangling themselves, or
setting themselves on fire, and many more said that they had
seriously considered ending their lives. Some children had
injured themselves with lighters, razor blades, or in other
ways.
Nearly all made references to Omid Masoulmali, a
23-year-old Iranian man who died in May after setting
himself alight, and to Yasin, who set herself on fire the
following week. “I have the oil ready”, one man stated
matter-of-factly. “I’m tired of my life”, said a
15-year-old girl, who said she had tried to commit suicide
twice.
A woman whose husband had been transferred to
Australia for urgent medical treatment said that their
nine-year-old son had repeatedly talked about suicide after
the family had been separated: “Two weeks ago, my son took
the lighter. He said, ‘I want to burn myself. Why should I
be alive? I want my daddy. I miss my daddy.’ I look in his
eyes and I see sadness.”
Conditions in the
processing centre
For months and sometimes years
after their arrival in Nauru, asylum seekers have been held
in prison-like camps in the Nauru Regional Processing Centre
(RPC), surrounded by fences and guarded by security
services. They live in crowded tents where the heat is
unbearable, even after some basic fans were installed. With
humidity between 75 and 90%, mould grows quickly on tent
walls and ceilings, and skin rashes and other infections
spread rapidly. Sudden, torrential rains flood roads and
pool on the tent floors. On several occasions, rains have
also uncovered unexploded World War II ordnance on the
detention centre grounds.
Food is distributed at set
times, and no one is allowed to bring any food into the
tents, even for young children. Living conditions in the RPC
improved after October 2015, when Nauru allowed most of
those housed there greater freedom of movement.
Until
early 2015, the asylum seekers could take one two-minute
shower a day. Several of the women interviewed cried
recalling how guards forced them out of the shower after two
minutes, shampoo still in their hair. There were long lines
for toilets that quickly became so dirty that cleaners
refused to clean them. They could use the internet once a
week at most, and could not leave the camp.
Most of
the approximately 400 refugees and asylum seekers who remain
in the RPC are allowed to leave during the day, although
they must observe curfews and are subject to monitoring by
guards and other restrictions on their liberty. Smartphones
are prohibited inside the camp.
One male asylum seeker
said:
“When we came to this place, we found tents in
a jungle. They put eight families together, with six kids,
young kids, under one tent. Every day, every night, we had
no rest. No sleep. Every day, the kids would fight because
they were so close together. Most of the day, they kept the
water locked up. They just gave us a small amount. It
wasn’t enough, with the strong sun. Sometimes we
couldn’t shower for two or three days. The kids started
getting bad skin. We suffered these problems for two
years.”
A woman recalled:
“The tents were
terrible. It was too hot, so hot you felt you couldn’t
breathe. The children always felt bad because it was too hot
for them. There wasn’t enough water to drink. For the
shower, we had a specific time. If the children needed to
take a shower at a different time, they couldn’t. Security
wouldn’t let them take showers except at the specific
time. After three years, children in that bad situation have
mental problems. Bedwetting. Nightmares.”
At the end
of May, according to Australia’s Department of Immigration and Border
Protection, 466 people, including 50 children, were
housed in the RPC. Most, if not all, continued to be housed
in tents, asylum seekers said.
Immigration Department
records say that the agency had completed refugee status
determinations for 1,194 people held on the island, of whom
915 were recognized as refugees. The remaining 279 received
negative determinations. Most recognized refugees are now
housed in other camps or in houses in the community, Human
Rights Watch heard from refugees and asylum seekers, but
some remain in the camp while they await housing
assignments. Most of those rejected for refugee status are
still on the island and in the tents, although refugees and
asylum seekers reported that a handful had accepted return
to their home countries.
Bullying, harassment
in school
Parents and children reported that
students from families of refugees and asylum seekers are
frequently bullied by Nauruan students. A 15-year-old girl
said that she stopped going to school because Nauruan
children always tried to pull off her headscarf and
constantly taunted her.
One mother said:
“When
they go to school, the Nauruan children call our children
‘refugee,’ not by name. People have names. They say,
‘Why are you here? This is our country. You should leave.
We don’t like you staying here.’”
A 10-year-old
girl gave a similar account:
“All the kids at
school, they say, ‘Refugee, refugee, refugee.’ They
don’t say our names. They hit us. And when we try to talk
to the teachers, they don’t say, ‘Why are you Nauruan
kids hitting the other kids?’ They say to us, ‘Why are
you fighting with the Nauruan kids?’ We try to explain,
but they don’t listen.”
Two brothers, 13 and 14
years old, said they went to school for a month initially,
but then stopped and haven’t attended school for almost
three years. The older brother said:
“Local kids
kept attacking us, and even throwing stones. When we
complained to the principal, the kids were made to say
‘sorry’ to us. But when we left the principal’s
office, they got even angrier at us.”
Save the
Children Australia estimates that 85 percent of asylum seeker and refugee
children on Nauru do not attend local schools, in part
because of the prevalence of bullying and
harassment.
Corporate responsibility for
abuse
Australia’s operations on Nauru rely on
private companies and service providers. These service
providers face penalties if they speak out, and some staff
members have taken a considerable risk to do so to expose
the conditions on the island. The companies that provide
services on Nauru are aware of the situation and the impact
on refugees and asylum seekers. The companies’ involvement
facilitates the continuation of the abusive situation. The
Australian and Nauruan governments would have great
difficulty maintaining their Memorandum of Understanding and
the offshore processing centre without their services. Most
are working directly on behalf of the Australian Department
of Immigration and Border Protection.
Amnesty
International and Human Rights Watch sought comment from the
two key companies contracted by the Australian government to
provide services for its Nauru operation, Broadspectrum, the
company that runs the RPC, and IHMS, the main medical
service provider. Broadspectrum responded to Amnesty
International and Human Rights Watch’s summary of findings
that it “firmly rejected” any suggestion that the
company did not respect human rights. IHMS stated that its
role was to deliver services, and not to engage in
Australian government policy, and “strongly refuted” the
allegations put to it by Amnesty International and Human
Rights Watch.
Dr. Peter Young, a psychiatrist who was
until July 2014 IHMS’s director of mental health,
commented:
“It is a basic ethical requirement for
doctors and other health care workers to advocate for the
best health interests of their patients and to speak out
against policies and practices that do harm to health. The
Australian government has followed a deliberate policy to
cause suffering to asylum seekers coming to Australia by
boat. Being subject to abuses, lack of health services,
delays in treatment, and inhumane procedures are necessary
components of coercing returns and deterring
others.
“Health providers who accept this and do not
speak out, collude with secrecy and harmful practices
causing harm to health. They are caught in an irresolvable
conflict of interest, breach their ethical obligations and
fail to provide a satisfactory standard of care. Full
clinical independence, public reporting of health data and
proper independent oversight are necessary minimum standards
to provide safe and ethical services.”
Amnesty
International and Human Rights Watch believe that their
ongoing involvement in the Nauru centre amounts to
complicity in violations of the rights of refugees and
asylum seekers. These businesses are profiting from an
abusive context, and based on Amnesty International and
Human Rights Watch’s investigations on the island, some
are directly responsible for serious abuse and the failure
to provide appropriate medical care.
An
uncertain future
All of the refugees and asylum
seekers interviewed reported that when they were sent to
Nauru, immigration authorities told them they were being
transferred for “processing” and would be then resettled
in a third country. They said that Australian immigration
authorities’ description of the time they would be held on
Nauru has changed frequently since August 2013—with every
new version of the timetable accompanied by a denial that
Australian officials had ever announced a different
version.
At this point, even those who have received
positive refugee status determinations have no idea what to
expect and are unable to receive any clear answers from
Nauruan or Australian authorities. They have no way of
leaving the island, even if they have financial means to do
so, and even when they have been issued “travel
documents.” Researchers saw travel documents issued by the
government of Nauru to some refugees. These papers described
the nationality of the individuals as “refugee”, and
refugees who have tried to apply for visas to go to other
countries are rejected.
One man said:
“They
didn’t say how long we have refugee status for. When I
came to Nauru, they said it would be five years maximum.
They said within that time we would go to another country.
Not Australia. After two years, they said, ‘You will stay
in Nauru for 10 years or go to Cambodia’.”
Another man
said:
“Even if they had said when I came to Nauru
that it would be 10 years, no problem. But they said it
would be a maximum of five years and then we would go to
another country. Which country, I don’t know. But after
two years in Nauru, the government said 10 years here or
Cambodia or return home.”
Another man
said:
“Refugee status in Nauru is not permanent. The
government has only offered us temporary resettlement. They
give us a travel document which is useless, because we
cannot leave here. We are still in prison. We cannot leave
this island.”
And a woman said:
“People here
don’t have a real life. We are just surviving. We are dead
souls in living bodies. We are just husks. We don’t have
any hope or
motivation.”
ENDS