The Refugee Council of Australia (RCOA) is deeply concerned by the findings of the Commonwealth National Preventive Mechanism (NPM’s) inspection of detention facilities aboard the MV Besant and ADV Guidance. The report reveals conditions that fail to meet both international and domestic minimum standards for detention, particularly in relation to access to medical care, interpreters and adequate accommodation.
In carrying out its NPM function, the Ombudsman conducted its inspections of the two vessels in October 2024. The ships had been used as part of the Australian Defence Force (ADF’s) contribution to the multi-agency taskforce monitoring Australia’s borders. The Ombudsman’s report confirms that these vessels were never appropriate for detaining people at sea. The facilities lacked proper shelter, sleeping arrangements, sanitary conditions and private spaces for interviews. Individuals detained onboard had no access to crucial human rights needs, such as interpreters and suitable medical care.
The report highlighted the shocking condition of the accommodation in these centres, noting a lack of furniture, and thick foam mats that serve as both beds and dining tables.
The inadequacy of the accommodation and facilities led the NPM to conclude that the vessel detention area was not fit for purpose and that the detention facility was never appropriate for detention. That there is no prescribed time limit for detention at sea raises further alarm, as it leaves individuals in an indefinite and potentially harmful situation.
We call on the Federal Government to take its international commitments seriously and act on the recommendations made in the Ombudsman’s report, including the need for a full suite of human rights-compliant policies and procedures for detention at sea.
RCOA CEO Paul Power says it is imperative that all detention facilities meet minimum standards before use.
“Those people that the Government subjects to detention must receive medical care equal to that provided to the vessel’s crew, as required by Australian standards. Private spaces for interviews and access to interpreters must be guaranteed.
The National Preventative Mechanism exists to prevent torture and other degrading treatment or punishment. This report shines a light on the dark situation that people detained at sea face. The Government should take this opportunity to review these practices and create transparency for its operations.”
The Government must step up and bring people to Australia for proper assessment of their protection needs. As protection spaces continue to disappear across our region and the world, Australia has the responsibility, and the ability, to do better.
We urge the Government to act swiftly to address these concerns and to consider its approach to people seeking protection.