LORENGAU – Papua New Guinea is breaking international law by restricting the freedom of movement of refugees on Manus Island, the United Nations says.

Refugees who are part of the Australia-funded offshore processing system remain effectively under “island arrest” until the PNG government approves a resettlement policy, which was due to be completed a year ago.

Iranian civil engineer Reza Mollagholipour thought he was doing the right thing and organised job interviews in Port Moresby. He borrowed money for a flight to prepare for his new life as a refugee in PNG.

But his plans and his spirits were crushed when PNG’s chief migration officer forbade him to travel.

“I am really confused. I don’t know why I was given a PNG document and work permit but I am not allowed to leave Manus Island,” Mollagholipour said in a letter to PNG and Australian officials earlier this month.

“Let’s show the world that you are not lower than developed countries and that you are planning very well with this new project for your country.”

There are currently 43 men in the same position as Mollagholipour.

Under international law, the fundamental right to liberty applies to all people regardless of their immigration or other status, including asylum-seekers and refugees.

Their asylum applications have been processed, they have been released from detention and are living at the Australia-funded Lorengau transit centre on Manus Island.

Almost two years after former prime minister Kevin Rudd signed the Refugee Resettlement Agreement with PNG, no refugees have been resettled. Those waiting say the legal limbo has added to their anguish.

“What makes me crazy is that everything they are telling about the law – which law? I leave detention and I’m free, you told me I’m free,” Mollagholipour said.

A spokesman for the UN High Commission for Refugees (UNHCR) said the travel restrictions imposed on the men was not legal.

“Under international law, the fundamental right to liberty and the prohibition of arbitrary detention applies to all people regardless of their immigration or other status, including asylum seekers and refugees,” the UNHCR spokesman said.

“Contracting states to the 1951 Refugee Convention are obliged to provide refugees lawfully within their territory the right to choose their place of residence to move freely within its territory, subject to limited exceptions.”

PNG has defended its right to stop refugees leaving Manus Island.

“The government of PNG does not want to restrict any freedoms of refugees and does not do so lightly,” PNG’s acting chief migration officer, Esther Gaegaming, said in a statement.

“However, we also have a duty of care to ensure that refugees are adequately prepared to successfully and safely settle in Papua New Guinea.”

Gaegaming said PNG’s government was confident of its legal footing.

“The state solicitor of PNG has provided advice that the instruction of the chief migration officer to restrict travel is compliant with PNG’s constitution, the Migration Act 1978, and the Ministerial Instrument gazetted under S15C of that act.”

But refugee law expert Madeline Gleeson from the University of New South Wales has questioned PNG’s legal position.

“Domestic law and policy must be consistent with the legal obligations that states voluntarily assume under international law,” she said.

“International law recognises that there may be cases where some limits on a person’s freedom of movement may be necessary, and so certain exceptions that accommodate this reality are built into the human rights standard itself,” she said.

“Preventing refugees from leaving Manus Island to attend job interviews does not appear to be a reasonable and proportionate way of achieving one of the objectives that would justify such a restriction, such as the protection of national security, the rights of others, or public order, health or morals, and may be discriminatory.” Last week, a 6.00pm curfew was eased at the Lorengau transit centre after an Iranian refugee was bashed for missing it, allegedly assaulted by three immigration officials who have since been charged.

The refugees living at the transit centre can now spend the night elsewhere if they seek prior permission. Officials also told the refugees they were allowed to do voluntary work on Manus Island while they wait for permanent resettlement.