“A deeply moving and humbling day”: Sarah Dale on RACS’s win at the UN
Almost nine years since we filed, RACS received an outcome in our United Nations Human Rights complaint, alleging that Australia’s treatment and transfer of children to Nauru was in breach of their human rights. Our allegations were substantiated as this finding affirmed. Australia was responsible, and Australia was in breach.
It has been deeply moving and humbling to receive this outcome. I’m immensely grateful to have RACS Co-Principal Solicitor Katie Wrigley back by my side to receive this news. Katie, as the then Principal Solicitor, backed me and dove head first into doing what we could to see some semblance of justice for these children, something out of our reach and sight at the time. Tanya Jackson-Vaughan and the late Steven Glass also contributed a lot to see this happen. We knew to our core that what Australia was doing to people seeking asylum - and in particular unaccompanied children - was unconscionable.
We were told (by a lot of people!!) that this all wouldn't amount to anything. And to be honest, during this decade long battle, at times we felt this too. The people this was for I know also felt this and still feel this very deeply.
There were a number of key individuals that were instrumental in keeping this alive along the way: Professor Ben Saul, Stephene Tully, Megan Caristo, Erasmus Lovell-Jones, Patrick Deegan and Ahmad Sawan. Their impact will be found in the legacy of this finding. Their support, guidance, advice and assistance at different stages and various capacities has not gone unnoticed. There are also many others who I acknowledge in my heart, but cannot do so in a forum like this for many different reasons.
This decision recognises that States cannot outsource their obligations and that they are deeply responsible for the cost when they do. These children lost their childhood. Many will never heal from the scars this has left. When I recently spoke to one of the children, he told me he can’t remember a birthday since he turned 16, in 2013. He still suffers depression and anxiety from what he endured.
For decades many of us have remarked that our treatment of people seeking asylum will be a stain on Australia’s history. This decision from the UN is the critical record and recognition of that. We as a nation should be ashamed.
There is much more to be done, to seek compensation for the children and other refugees, as the UN has suggested, and to call on the Australian Government to, after all these years, end their limbo and give them a pathway to settlement here.
Big congratulations to Alison Battisson who also had proceedings on foot and should be celebrating in this moment also.
Decision here
Find our explainer on how the UN found Australia responsible for human rights violations on Nauru detention centres here.
