Sue Lines (WA, Deputy-President) Share this | Hansard source

Yesterday, we heard of the death of an asylum seeker on Manus Island. Hamed Shamshiripour was a 31-year-old Iranian man. He was the fifth person to die under the Australian government's supervision on Manus. It is still unclear to us how he died, but we know that, generally, conditions under which he and other refugees on Manus and, indeed, Nauru, are held are dangerous, and we often hear reports of attacks. This morning on the news, there was yet another report of an attack.

In this context—and indeed this week when we have, once again, tried to resolve the issue of same-sex marriage in this country—in July, I met with three members of the Art of Humanity group. They are a network of artists based in Perth and they advocate for the safe passage of people who have sought safety in Australia. The group brought to me their concerns about the persecution faced particularly by gender and sexually diverse refugees and asylum seekers on Manus Island and Nauru. Under the Criminal Code in PNG, same-sex activity is punishable by up to 14 years imprisonment. Human Rights Watch has reported that sexually diverse asylum seekers on Manus Island have reported being shunned, sexually abused and assaulted while on the island.

The Guardian has previously published writings from multiples of gay men on Manus Island, with one man sharing:

I have to hide my sexuality because in this country, like Iran, there are a lot of people—fanatics—whom if they find out anyone is gay they would harass them and maybe even try to kill them.

I have to hide my personality once again. I have to live as someone else.

On Nauru, there have been reports of at least one Iranian couple who were physically assaulted inside detention and in the community. The couple, often referred to as Nima and Ashkan, have stated that the Australian government instructed them to hide their sexuality in order to ensure their own safety on Nauru.

The UN High Commissioner for Refugees has said that 'sexual orientation is a fundamental part of human dignity'. I think all of us in this place would accept that definition and that fundamental right as well. They have outlined human rights violations that lead many gender and sexually diverse people to flee their homes. Some of these violations, documented by international human rights organisations, include criminal penalties for consensual sex between persons of the same sex, including the death penalty, in countries like Iran, Pakistan and parts of Syria; hate crimes targeting members of the LGBTIQ community in countries such as Sri Lanka and Bangladesh; restrictions on freedom of expression and association; and gender and sexual diversity, considered a crime against religion, immoral, deviant, anti-revolutionary and/or mental illness.

The Australian Human Rights Commission has also highlighted significant shortcomings in Australia's refugee status determination processes, particularly for sexually and gender diverse people. In its 2015 report, the commission highlighted a lack of resources, inconsistent decision-making and inappropriate methods to assess credibility. This includes failing to account for cultural differences, invasive questioning and the use of poor quality-of-country information.

We ask the minister what will happen to people of diverse sexual backgrounds once Manus, in particular, closes on 31 October. We are very concerned about worsening conditions in the centre and the growing concern for the safety of the men inside. This is not how we would treat LGBTIQ people in Australia, and it should not be how we allow people to be treated when they are under our care on foreign soil. We sincerely ask that the government take account immediately of the particular needs of this group of people, to ensure that no further harm comes to them and to look at where they are placed.