5. THE POLITICAL CONTEXT
In May 2015 the Government of Nauru amended its criminal code to prohibit threatening, abusive or insulting language. This included a ban on Facebook, talking to foreign media and disclosing the state of those in detention centres. Official documents signed by Justice Minister David Adeang, claim the new criminal codes are for public safety. However, this change of legislation has been criticised by many including opposition Members of Parliament, the United State’s State Department and the United Nation’s Special Rapporteur on Freedom of Expression.
The Border Force Act 2015, which states that releasing information is to be only permitted by the secretary of the department responsible for detention centres,
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Rapporteur Francois Crepeau cited the Border Force Act 2015 (Cth) as a major source of concern, saying it would prevent him from carrying out his duties, as per the guidelines of the UN. Crepeau then appealed to the government for a written guarantee to ensure he wouldn’t be intimidated or sanctioned under the Act, but was denied. He described the government’s unwillingness to cooperate as …show more content…
Furthermore, this right is protected under the Australian constitution. Australia’s system of a representative democracy enables citizens to criticize the government. Therefore, the right of health workers should be protected and respected. To ensure that the voices of health workers are not silenced the Australian government should establish an agency that will closely examine concerns raised by health workers. This may require reform of section 42, which enables secretaires to restrict employees from discussing health concerns in detention centres.
Furthermore, the Australian government should ensure the standard of care provided to Asylum seekers at Nauru and Manus Island complies with the “Australian codes of medical practices and clinical standards”. This will require an increase of medical supplies and a greater number of medical staff to provide a high standard of care. Additionally, new policies should be introduced that would enable Asylum seekers to receive medical care beyond the borders of a detention centre when required this should also include those who are experiencing physiological