Special rapporteur on human rights of migrants calls for government to maintain section 18C of Racial Discrimination Act

This article is more than 3 years old

This article is more than 3 years old

Australian politicians have given permission for people to act in xenophobic ways and have allowed for the rise of nationalist groups, the United Nations special rapporteur has said at the end of his first official visit.

He also voiced support for maintaining section 18C of the Racial Discrimination Act.



François Crépeau, who has just ended an 18-day visit to Australia as special rapporteur on the human rights of migrants, said hate speech and xenophobia had increased in Australia despite the nation’s rich migration history.

The human rights expert said Australia’s recent immigration policies had eroded human rights and tarnished the country’s reputation.

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“Politicians who have engaged in this negative discourse seem to have given permission to people on the street to act in xenophobic ways and to allow for the rise of nationalist populist groups,” he said.



“Australia must work to fight xenophobia, discrimination and violence against migrants, in acts and speech.”

Since the federal election returned Pauline Hanson to parliament, with three One Nation senators, several politicians have furthered their push to cut or end immigration to Australia.

Hanson has called for a ban on Muslim immigration and the Liberal senator Cory Bernardi has demanded that the migration intake be halved. The Victorian Liberal backbencher Russell Broadbent has criticised some colleagues – including the Queensland MP George Christensen – for “cuddling up to Hansonite rhetoric”.

Crépeau also called for the government to maintain section 18C of the Racial Discrimination Act, which he said “sets the tone of an inclusive Australia, committed to implementing its multicultural policies and programs and respecting, protecting and promoting the human rights of all”.

Australian politicians, public servants, and media groups are in the midst of a debate about repealing 18C, which makes it unlawful to engage in speech that is “reasonably likely to offend, insult, humiliate or intimidate on the basis of race, colour or national or ethnic origin”.

Detractors have variously called for the section to be scrapped or for “insult” and “offend” to be removed. There are already protections set out by 18D for those who make such statements in the course of satire, commentary, and in the public interest.

In his address, Crépeau also praised several policies, including increases in Australia’s humanitarian intake and its one-off offer to take 12,000 Syrian refugees, but said other “punitive” measures were “regressive and fall way behind international standards”.

“The punitive approach adopted by Australia towards migrants who arrived by boat has served to erode their human rights,” he said.

“It is a fundamental principle of human rights law that one person cannot be punished only for the reason of deterring another.”

Crépeau highlighted the principles of non-refoulement – which Australia has been been accused of potentially breaching with its enhanced screening processes – and the “immense suffering” caused by mandatory and prolonged detention and difficulties in accessing justice and health care.

The offshore detention system has been plagued by complaints of inadequate health care for asylum seekers, and in 2014 the government ended the provision of legal aid to “unauthorised” maritime arrivals.

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A recently announced but as yet undetailed deal with the US will also result in several UNHCR endorsed refugees from Nauru and Manus Island being resettled in the US. The deal has been largely welcomed by advocates and asylum seekers, aside from those with family in Australia who fear they will never be able to reunite.



The Australian government is also pushing for a ban on any asylum seekers who have sought refuge in Australia by boat – and who arrived after July 2013 – from ever returning to Australia. It’s expected to affect more than 3,000 people.

“I am deeply concerned about the grave impact of the punitive approach – which creates so much uncertainty about the future – on the mental health of many migrants, some of whom are in prolonged and indefinite mandatory immigration detention onshore or in offshore regional processing centres, or living in community detention, or living under temporary protection visas,” Crépeau said.

“Yet the cure lies ultimately with Australia, which has the responsibility to settle those from the regional processing centres who are found to be refugees. Any agreement regarding third country resettlement must be meaningful – in terms of numbers, timeliness and opportunities to rebuild – and adhere to Australia’s international humanitarian and human rights obligations.”

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Crépeau said Australia offered regular and safe migration pathways but warned that without better oversight mechanisms, their temporary nature could leave migrants vulnerable to exploitation, and that fear of visa cancellation would discourage migrants from reporting or protesting.

Appointed by the Human Rights Council, Crépeau and other special rapporteurs are part of an independent fact-finding and monitoring body within the UN. It is the largest body of independent experts in the UN human rights system, but rapporteurs are not UN staff, are unpaid and independent from governments and organisations.

During his visit to Australia, Crépeau spoke with immigration and government officials, civil society groups, trade unions, the Australian Human Rights Commission, international organisations and migrants. He also gathered information from the Nauru processing centres.