Protection For Victims Of Torture And Inhumane Treatment

Protection for Victims of Torture and Inhumane Treatment

Media release

9 September 2009

The Rudd Government is introducing new laws to better protect people at risk of violation of their fundamental human rights which may include women and girls at risk of female genital mutilation and so called 'honour killings'.

The Minister for Immigration and Citizenship, Senator Chris Evans said the Migration Amendment (Complementary Protection) Bill 2009 allows all of Australia's international human rights obligations to be considered under the same visa process as claims under the Refugees Convention.

Complementary protection will cover circumstances in which a person may currently be refused a Protection visa because the reason for the persecution or harm on return is not for one of the specified reasons in the Refugees Convention that is not on the basis of race, religion, nationality, membership of a particular social group or political opinion.

For example, it is not certain that a girl who would face a real risk of female genital mutilation would always be covered by the Refugees Convention, whereas she would be covered under complementary protection.

Women at risk of so-called 'honour killings' can also potentially fall through gaps in the Refugees Convention definition. In some countries victims of rape are often executed along with their attackers. Again, depending on the circumstances, this situation may not be covered under the Refugees Convention.

The Bill establishes new criteria for the grant of a Protection visa in circumstances that engage Australia's obligations under human rights treaties other than the Refugees Convention. The criterion includes:

* arbitrary deprivation of life;
* having the death penalty imposed and carried out;
* being subjected to torture;
* being subjected to cruel or inhumane treatment or punishment; or
* being subjected to degrading treatment or punishment.

"Complementary protection is about helping vulnerable people people at risk of the most serious forms of harm if returned to their home country. Where such claims are accepted as true, Australians would expect a Protection visa to be granted," Senator Evans said.

"This Bill will enable Australia to meet our protection obligations under international human rights treaties for people who may not be covered by the Refugees Convention but cannot return home because they would be killed, tortured or be subjected to inhumane treatment.

"We currently meet these obligations through reliance on personal ministerial intervention powers which are not reviewable, transparent or subject to procedural fairness. These changes will entrench our non-return obligations in law and provide for all claims to be considered efficiently in one fair and transparent process."

Media Contact: Simon Dowding (02) 6277 7860 or 0411 138 541


SOURCE: Minister for Immigration and Citizenship