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UN blasts Australia on same-sex marriage survey, Manus Island

The UN has attacked Australia's stance on gay marriage and refugees.

The UN has attacked Australia's stance on gay marriage and refugees. Photo: AAP

The United Nations Human Rights Committee (UNHRC) has blasted Australia’s inadequate protection of human rights, calling for immediate action on the nation’s same-sex marriage and asylum seeker policies.

In a damning report released on Thursday night, the 18-member committee recommended urgent legalisation of same-sex marriage in Australia, regardless of next week’s voluntary postal survey results.

It also widely criticised Australia’s hard-line stance on refugees as a breach of human rights.

“The Committee is concerned about the explicit ban on same-sex marriage in the Marriage Act 1961 that results in discriminatory treatment of same-sex couples, including in matters related to divorce of couples who married overseas,” the UNHRC report read.

“While noting that the State party is currently taking a voluntary, non-binding postal survey on the legalisation of same-sex marriage, the Committee is of the view that resort to public opinion polls to facilitate upholding rights under the Covenant in general, and equality and non-discrimination of minority groups in particular, is not an acceptable decision-making method.

“Such an approach risks further marginalising and stigmatising members of minority groups.”

same-sex marriage

The UN labelled the same-sex survey an “unacceptable decision-making method”. Photo: AAP

The UNCHR states Australia should revise its laws “irrespective of the results of the Australian Marriage Law Postal Survey” to ensure “all its laws and policies afford equal protection to LGBTI persons, couples and families”.

Human Rights Law Centre director of legal advocacy Anna Brown echoed the findings, saying “Australia is drawing international attention for all the wrong reasons”.

“The UN has tonight confirmed what Australian politicians should already know – human rights should not be put to a majority vote,” Ms Brown said in a statement.

“Australia needs to do its job and vote on a bill to deliver equality and dignity for LGBTI couples across the country.”

Australia’s lack of rights for refugees

The committee raised a number of concerns in relation to Australia’s refugee policy, naming refoulement (the forcible return of refugees to their home countries), mandatory detention and offshore detention – including Manus Island and Nauru – as breaches of Australia’s human rights obligations.

The UNHRC urged Australia to end offshore processing and cease any further transfers of refugees or asylum seekers to Nauru, Papua New Guinea or any other regional processing country.

It called for Australia to move the men on Manus to Australia or another safe country.

Australia should, “take all measures necessary to protect the rights of refugees and asylum seekers affected by the closure of processing centres, including against non-refoulement, ensure their transfer to Australia or their relocation to other appropriate safe countries, and monitor closely their situation after the closure of the centres,” the report said.

It also recommended the closer of the Christmas Island detention centre.

Manus Island

The UNHRC called for the men on Manus Island to be brought to Australia. Photo: AAP

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