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Protection and Promotion of Refugees’ Human Rights in Australia

Student’s Name

Institutional Affiliation

Course

Instructor

Date
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Protection and Promotion of Refugees’ Human Rights in Australia

Introduction

Human rights are an integral part of human beings, regardless of their sex, race, ethnicity,

nationality, disability, age, religion, language, and any other social or physical status describing a

group of individuals. This also applies to refugees and asylum seekers. These individuals fled

their original place or home for various reasons, including natural disasters, war, political

violence, and instability. These individuals have the right to settle down in a country of their

choice and seek asylum, and the host country should provide assistance through public or private

organizations. These individuals have the right to education, security, liberty, housing,

healthcare, and life, among other inherent rights. This paper will discuss the failures and

achievements of the Australian government regarding these rights, their obligations, and the

measures they have established to protect the refugees in Australia.

The obligations of governments to promote and protect the human rights and

freedoms of refugees

The United Nations Convention (UNC) provides for the obligations of governments

regarding protecting the rights and freedom of refugees. It outlines the regulations and human

rights that must be observed for individuals living in the country, including observing the human

rights to life. The governments are obligated to establish policies and programs to protect the

human rights of the refugees in every country.

These individuals should be treated like the rest of the citizens, and the country must

provide them with healthcare and employment. The children of the refugees should be protected

equally as those of Australian citizens and must be provided with education (The Australian

Human Rights Commission, 1970). Also, the UNC obligates the Australian government to
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provide security and protection to the refugees and those seeking asylum in Australia; they are

protected from any harm and danger and are not forced to return to their countries or are

persecuted while living in Australia.

The Universal Declaration of Human Rights also outlines human rights that must be

observed for all the individuals in the country, including the refugees. Under these provisions,

the Australian government is obligated to ensure that all human rights, including the right to life.

The government is obligated to promote universal respect and observe human freedom and rights

(United Nations, n.d.). The government is also obligated to seek international assistance ad take

the necessary steps to provide technical and economic assistance to the refugees in the country.

The Australian government is obligated to ensure that the rights of economic

empowerment of all individuals are observed through the provision of vocational training and

guidance. This ensures the right to work and earn income, especially for the refugees, because

they need the basics to support their families.

The ways in which Australian government(s) have not and/or do not meet specific

obligations

The Australian government has, in many ways, violated the rights of the refugees and

failed to protect these individuals' interests. The country has long been criticized for the same

reason and its inability to meet the obligations provided by the United Nations Conventions and

the Universal Declaration of Human Rights.

The Australian refugee policy requires that all the refugees entering the state are detained

in centers established for the individual. Under this policy, these individuals are not allowed to

enter the country; therefore, their rights are violated (Carrera et al., 2019). This policy and action

by the government have raised various concerns, including putting the refugees in overcrowded
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areas with limited access to healthcare services and a lack of employment opportunities. The

children are also denied access to education and vocational training, which goes against the

government's obligation to these individuals (Barnes, 2022). Lastly, the policy subjects these

individuals to violation of their human rights and lack of observation of their dignity, including

lack of mental health care, sexual assault, and ill-treatment from government officials.

This policy by the Australian government violates the United Nations Convention's

Human rights provisions because it denies these individuals the most basic human rights,

including enjoying life, the right to health care, security, education, employment, and dignified

life. Additionally, these individuals are denied legal rights, including representation, and are

often deported back to their countries, where they face inhumane living conditions, unlike those

in Australia.

Lastly, Australia has also been criticized for its visa policy, which denies individuals

from certain countries from legally entering the country. The Universal visa system makes it

difficult for refugees and asylum seekers to enter the country legally; therefore, they resort to

other means, such as boats (FitzGerald & Hirsch, 2022). This subjects these individuals to

deportation due to illegal entry, violating the right of not forcefully returning refugees or asylum

seekers to their country of origin.

This policy has made the asylum seekers or refugees entering Australia resort to more

dangerous routes by sea. This has resulted in various deaths and increased the country's criticism

(Barnes, 2022). This violates most human rights, including the right to life, the right to be

protected from any dangers and harm, whether mental or physical and the right to a dignified

life.
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The ways in which Australian government(s) do meet their obligations under

specific conventions/articles to promote and protect human rights and freedoms

Although Australia has been criticized for the two failures described above, which have

violated the human rights pertaining to the refugees, it has also been recommended for meeting

some obligations to promote and protect human rights. The government has achieved these

factors by establishing various policies and programs to support the refugees fleeing their

countries for various reasons.

First, Australia is a signatory of The United Nations High Commissioner for Refugees,

which they signed in 1951. This has obligated the country to adhere to its standards and

regulations regarding the provisions to protect the individuals seeking refuge in Australia.

Therefore, Australia has implemented the policies provided by this body to protect the

individuals in question. Australia is also a part of the United Nations Conventions, which

provides for the Human rights that all the member states must adhere to. In that case, Australia

protects and safeguards these individuals' interests following the UNC's provisions.

The Australian government has also met its obligations by upholding the refugee's

children rights. Under the Universal declaration of human rights, all children are entitled to

protection, healthcare, and education regardless of any factors (Crock, 2019). The Australian

government has upheld this right and obligation by providing these children with financial

support for their education.

The government also supports the refugee students' physical and mental well-being.

These students are in need of these services because they have encountered trauma and

persecution, leading to instability. Therefore, the Australian government is meeting its

obligations toward a part of this population. The Australian government provides education
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funding for students living in the country to ensure they enroll in primary or vocational education

(Miller et al., 2018). It also provides support, through language and special needs resources to

help assimilate the students into their learning system (Department of Education, n.d.). This

meets the government's obligations as stated in the UNC's rights pertaining to children, refugees,

and asylum seekers.

The government also established the Humanitarian Settlement Program, which aids

refugee families in settling in Australia. This program provides settlement for the individuals for

the first eighteen months they arrive in the country as they seek other means of settlement and

stabilize themselves. Another project for refugees in Australia is the Settlement Engagement and

Transition Support Program. This program provides refugees with information regarding settling

in the country, including finding employment opportunities (Crock, 2019). The individuals are

also provided with financial support through the Status Resolution Support Service, which helps

the refugees with pending status afford to live in the country.

Conclusion

Human rights are an integral part of human beings, regardless of their sex, race, ethnicity,

nationality, disability, age, religion, language, and any other social or physical status describing a

group of individuals. These rights apply to the refugees and their families. These include

individuals fleeing their original homes due to war, political violence, and instability, among

other reasons. Under the Universal Declaration of Human Rights and the UNC, there are various

human rights the Australian government is obligated to uphold. The Australian government is

obligated to ensure that all human rights, including the right to life. The government is obligated

to promote universal respect and observe human freedom and rights, seek international

assistance, and take the necessary steps to provide technical and economic assistance to the
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refugees in the country. The Australian government has violated these obligations by

implementing the refugee policy, which requires that they are forcefully held in detention centers

or returned to their countries. Although this has become a major criticism point, the Australian

government has also established various aid programs to help the refugees settle in the country.

These programs provide financial support, education, and health coverage for refugees in

Australia.
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References

Asylum seekers and refugees. The Australian Human Rights Commission. (1970, October 7).

Retrieved March 16, 2023, from https://humanrights.gov.au/our-work/asylum-seekers-

and-refugees

Barnes, J. (2022). Suffering to save lives: Torture, cruelty, and moral disengagement in

Australia’s offshore detention centers. Journal of Refugee Studies, 35(4), 1508-1529.

https://academic.oup.com/jrs/article-abstract/35/4/1508/6646968

Carrera, S., El Qadim, N., Fullerton, M., Garcés-Mascareñas, B., York Kneebone, S., López

Sala, A. M., ... & Vosyliute, L. (2018). Offshoring Asylum and Migration in Australia,

Spain, Tunisia and the US: Lessons learned and feasibility for the EU.

Crock, M. (2019). Refugee protection in Australia: Policies and practice. Revue europeenne des

migrations internationales, 1(2), 239-250. https://www.cairn.info/revue-europeenne-des-

migrations-internationales-2019-1-page-239.htm

FitzGerald, D. S., & Hirsch, A. (2022). Norm-busting: rightist challenges in US and Australian

immigration and refugee policies. Third World Quarterly, 43(7), 1587-1606.

Miller, E., Ziaian, T., & Esterman, A. (2018). Australian school practices and the education

experiences of students with a refugee background: A review of the

literature. International Journal of Inclusive Education, 22(4), 339-359.

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Supporting students from refugee backgrounds. Department of Education. (n.d.). Retrieved

March 16,2023,fromhttps://www.education.vic.gov.au/school/teachers/support/

diversity/eal/Pages/ealsupportrefugee.aspx#link84

United Nations. (n.d.). Universal declaration of human rights. United Nations. Retrieved March

16, 2023, from https://www.un.org/en/about-us/universal-declaration-of-human-rights