The Papua New Guinea Supreme Court [6] ruled April 26 that Australia's detention of asylum seekers on Manus Island [7] in northern Papua New Guinea [8] is illegal. The court found that the detention center violates article 42 of Papua New Guinea's constitution [9], which guarantees personal liberty. The court ordered both governments to take steps to end the detention. Australia's Minister for Immigration and Border Protection said [10] that the ruling, "does not alter Australia's border protection policies—they remain unchanged. No one who attempts to travel to Australia illegally by boat will settle in Australia." There are currently about 850 detainees [11] on Manus Island, half of whom have been determined to be refugees.
The new ruling is in direct conflict with a recent decision by the High Court of Australia [12], which ruled in February that the country's offshore detention policy for asylum seekers is legal [13], rejecting a challenge that it violates the Australian constitution. The challenge was brought by lawyers for a female Bangladeshi detainee who was brought to Australia for medical reasons. Under the controversial policy, those who seek asylum in Australia arriving by boat are detained on the island nation of Nauru [14] or on Manus Island. The policy has generated outcry from human rights advocates and some politicians. In October Amnesty International [15] said that Australia's maritime border control agents have engaged in significant criminal activity [16], including bribery and abusive treatment of women, men and children who are seeking asylum. In February 2014 the UN Office of the High Commissioner for Human Rights [17] called for changes to the way Australia deals with refugees [18], especially in regards to the lengthy detention of asylum-seekers.
From Jurist [19], April 26. Used with permission.
Note: Both the Manus and Nauru facilities, as well as that maintained on the Australian territory of Christmas Island [7], have been referred to as "Australia's Guantánamo."
