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Submission to the National Inquiry into Children in Immigration Detention from

Centre for Multicultural Youth Issues (CMYI)

1. Introduction;

2. Refugee Settlement Context: Refugee and Newly arrived young people in Victoria;

3. Core Issues Impacting on Refugee and Newly arrived young people in the pre-and post-detention context;

4. Conclusion.

1. Introduction

"The child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding".

Preamble, UN Convention on the Rights of the Child.

"The social and mental well-being of all refugees, but particularly of refugee children, can be most effectively assured by the quick re-establishment of normal community life".

UNHCR Guidelines on Protection and Care (1994), ch. 2.

This document represents the submission made by the Centre for Multicultural Youth Issues (CMYI) to the Human Rights and Equal Opportunity Commission (HREOC), National Inquiry into Children in Immigration Detention. As a peak body liaising with the government and non-government sectors, in partnership with refugee and newly arrived young people, the organisation welcomes the opportunity to contribute to this important inquiry.

It should also be noted however, that the organisation's program and advocacy activities focus primarily on working with refugee and newly arrived young people, their families and their communities during the settlement process and beyond. At this point in time, CMYI does not work directly with asylum seekers while in detention. Rather, it is in the post-release situation that refugees come into contact with our service. It is on this basis that CMYI makes the present submission to the Inquiry.

The observations recorded in this submission represent the views of both the staff and management of the organisation and are based on more than 12 years experience of working with refugee and newly arrived young people, their families and their communities living in the state of Victoria.

The CMYI submission is divided into four parts:

1. Introduction;

2. Refugee Settlement Context: Refugee and Newly arrived young people in Victoria;

3. Core Issues Impacting on Refugee and Newly arrived young people in the pre-and post-detention context;

4. Conclusion.

1.1 Terms of Reference

Reflecting the experience and focus of the organisation in working with refugee and newly arrived young people, the CMYI submission will address two of the Terms of Reference published for the Inquiry. The Terms of Reference most relevant to the CMYI submission are:

It should also be noted that while the HREOC National Inquiry into Children in Immigration Detention defines a child as any person under the age of 18, the primary age range for the target group of young people CMYI works with is 12 to 25.

1.2 The Organisation: Centre for Multicultural Youth Issues (CMYI)

The Centre for Multicultural Youth Issues (CMYI) is a statewide community based organisation that aims to strengthen and build innovative partnerships between young people, support services and the community to enhance life opportunities for young people from culturally and linguistically diverse (CLD) backgrounds living in Victoria. The centre has a priority focus on young people from refugee and newly arrived communities.

The communities, which CMYI works with, reflect the current and historical focus of the DIMIA Humanitarian Program intake. Key groups include refugees and newly arrived migrants from Afghanistan, Iraq, Iran, Horn of Africa (Somalia, Eritrea and Ethiopia), Sudan, Burma, Former Yugoslavia, Cambodia and Vietnam.

CMYI represents a range of individuals and organisations from CLD communities, government and non-government organisations with a commitment to improving the social and personal status of young people from CLD backgrounds.

Originally established in 1988, CMYI operates within an inclusive framework involving youth agencies, migrant and refugee communities, government and non-government organisations. Key service areas include:

1.3 Relevant CMYI Programs

While CMYI undertakes advocacy and consultation work in partnership with refugee and newly arrived young people, their families and their communities, it is primarily through CMYI's Program activities, that refugees formerly held in detention come into contact with our organisation as clients, community contacts or liaisons. Employing five client service staff, the two principal Program activities are:

Refugee Youth Pathways Program

This program provides information and support services to 'at risk' refugee and newly arrived young people aged 15 to 21 in the Northern, Western and South-Eastern regions of metropolitan Melbourne. The program is designed to enable young people to access pathways to education, training and employment opportunities.

Reconnect Young Refugee's Program

This program provides an early intervention service for refugee young people aged 12 to 18 who have recently left home or are at risk of homelessness. Combining service provision with community development strategies, the program aims to improve the level of engagement of young people with family, work, education, training and the community. The program incorporates action research with family centred approaches and culturally appropriate service delivery. The program is based in the Northern and South-Eastern regions of metropolitan Melbourne.

2. Refugee and Newly Arrived Young people in Victoria

The section which follows provides some contextual information about the refugee young people with which the organisation works.

2.1 CLD Young People in Victoria: Demographic Overview

The population of Victoria consists of more than 25% of people from a CLD background. Young people between 16 and 24 years of age constitute almost one third of the total settler intake under Australia' s Humanitarian Migration Program since 1996. Victoria settles almost one third of Australia's humanitarian youth settler arrivals. The top source countries for humanitarian youth arrivals in Victoria in 2000 were the Former Yugoslavia, Somalia, Iraq, Bosnia, Sri Lanka, Sudan, Cambodia, Croatia, Eritrea and Afghanistan. From the period 1996 - 1999 there was an increase in Victorian humanitarian youth settler arrivals, from 2, 079 in 1996 - 1998 up to 1,300 new arrivals in 1999. (DIMA Settlement Database 2001).

According to the 1996 Census, 9% of Australians aged between 12 and 25 were born in a non-English speaking country. More than 15% of young Australians reported speaking a language other than English at home. The main source of countries for young people born overseas and living in Victoria are Vietnam, UK, New Zealand, Malaysia, Hong Kong and Indonesia (including East Timor). The main languages other than English that young Victorians spoke at home were Italian, Greek, Chinese languages, Vietnamese, Arabic and Macedonian. While these figures provide a useful snapshot there are some deficiencies in that data on country of birth does not accurately reflect cultural identity. Another area of concern is the failure to account for first generation CLD young people.

There have been also been recent significant shifts in migration patterns to Victoria. While the late 1980's and early 1990's was characterised by large numbers of humanitarian youth arrivals from Cambodia, Laos and Vietnam, including a significant proportion of unaccompanied minors, the 1990's were characterised by a shift in the migration program to settling more migrants from Europe and Africa. As migration patterns shift and change, specific issues arise according to the needs of the particular group of newly arrived young people. Common social policy issues remain constant however for government and service agencies seeking to enhance the life opportunities of newly arrived and refugee young people. These include the issues of homelessness, education, social health, employment and training.

2.2 Difference, Values and Migration

The years from age 12 to 25 are a significant period in a young person's development and progression towards adult life incorporating greater independence and responsibilities at a time of dramatic emotional and physical change. For CLD young people, particularly those with a refugee background or who are newly arrived, the impact of these changes is even more significant. Issues of particular relevance for CLD young people include breakdown of family unit as a result of war and conflict, displacement from home country and culture, and inter-generational conflict arising from refugee experience and life in a country with often markedly different (Western) values.

3. Core Issues Impacting on Refugee young people

"Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status".

United Nations Convention on the Rights of the Child, Article 2.1

The primary focus of the following section is to highlight key issues impacting on refugee young people prior to arrival in Australia and in the post-detention release situation. Again, this information should be regarded as contextual, the main aim of which is to place issues associated with settlement in Australia and the impacts of the current mandatory detention regime within the same frame.

3.1 Impacts on Education and Schooling

There are a number of issues (historical and contemporary), which arise for refugee young people in the context of education and schooling. The impact is greater for refugee young people released from Australian detention centres as a result of lack or limited access to federally funded education and settlement services. These include:

3.2 Impacts on Training and Employment

There are a number of issues relating to training and employment which impact on refugee young people specially those released from Australian detention centres that are not eligible for federally funded Training and employment programs. These include:

3.3 Impact on Social Cohesion and Community Connections.

There are also implications, in the context of the outcomes of detention and resettlement, for refugee young people and their ability to make social and community connections within a new (and sometimes hostile) society. Issues include:

4. Conclusion

It is hoped that CMYI's submission to the HREOC National Inquiry into Children in Immigration Detention provides a useful insight into the issues and needs of refugee and newly arrived young people settling in Victoria in the context of both refugee flight and post-detention release.

For further information or inquiries about CMYI or the Inquiry submission please contact:

Carmel Guerra
Director
Centre for Multicultural Youth Issues
Ph: (03) 9349 3466
Fax: (03) 9349 3766
Email: carmel@cmyi.net.au

Appendix 1

Below is a list of key organisations with which CMYI undertakes partnership roles. These include:

Last Updated 9 January 2003.