Nauru’s Refugee Crisis: A Call for Protection and Solutions

The Government of Nauru has announced plans to establish open reception centers for all refugees, amid concerns over the country’s ability to provide long-term and durable solutions. This move comes as a result of an agreement with Australia, under which Nauru will take in asylum seekers who arrive in Australia after July 19, 2013.

Uncertainty Surrounds Refugee Policy

However, it remains unclear whether Nauru has the capacity or commitment to offer protection under the 1951 Convention, which outlines minimum standards for refugees. The uncertainty has left asylum seekers and refugees with few options, leading the UNHCR (United Nations High Commissioner for Refugees) to recommend that the Government of Nauru clarify its policy on post-processing conditions, including settlement services.

Protection of Stateless Persons

Nauru is not a party to the 1954 Convention relating to the Status of Stateless Persons, leaving stateless asylum seekers and their children without adequate protection. Australia, on the other hand, has signed the convention and is obliged to respect the rights of stateless persons.

• UNHCR urges Nauru to accede to the convention and establish a statelessness determination procedure to grant protection status to stateless migrants.
• This would ensure that stateless asylum seekers and their children receive the protection they need and are not left without a nationality or access to basic human rights.

Prevention of Statelessness

The 1961 Convention on the Reduction of Statelessness provides an international framework for preventing statelessness. UNHCR welcomes safeguards against statelessness found in Nauru’s Constitution but notes that there appear to be no safeguards for foundling children or ensuring that all children acquire a nationality.

• To prevent and reduce statelessness, UNHCR recommends that Nauru accede to the 1961 Convention and establish safeguards against statelessness at birth and later in life.
• This would help ensure that all individuals are born with a nationality and have access to basic human rights and protections.

Concerns Over Australia’s Responsibilities

The transfer of asylum seekers, including those who are also stateless, to Nauru may breach Australia’s obligations under the 1954 Convention. UNHCR urges Australia to respect its responsibilities under international instruments, particularly regarding stateless asylum seekers and their children.

• As the refugee crisis in Nauru continues to unfold, concerns remain over the country’s ability to provide adequate protection and solutions for asylum seekers and refugees.
• It is essential that all parties involved prioritize the protection and well-being of these individuals and work towards finding long-term and durable solutions.