Regarding Rights

Academic and activist perspectives on human rights


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Legal Challenge to Detention on Manus

By Emma Larking

Centre for International Governance and Justice, ANU

A protest by asylum seekers held at the Manus Island detention centre. Photo: Angela Wylie, Sydney Morning Herald

A protest by asylum seekers held at the Manus Island detention centre. Photo: Angela Wylie, Sydney Morning Herald

Regarding Rights is following a legal challenge to the Manus Island Asylum Seeker Detention Centre with interest (see the report in yesterday’s Australian). The challenge was lodged last month by PNG opposition leader Belden Namah, who claims the Detention Centre, and the Agreement with Australia to establish and run the Centre, breaches the PNG Constitution. Namah’s lawyers, along with commentators in the Australian media, suggest the challenge has strong prospects of success given the PNG constitution provides a protection of individual liberty which is not limited to citizens of the country. I’m not a constitutional lawyer, but according to my reading of the constitution, the situation is somewhat more complicated.

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