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Submission to the National Inquiry into Children in Immigration Detention from
the Organising Committee for Seminar on Children and Families in Immigration and Detention Centres.
Social Justice and Social Change Research, University of Western Sydney.
Committee Members
Ms Brenda Bartlett
Dr Natalie Bolzan
Mr Micheal Darcy
Ms Justine O'Sullivan
Professor Jan Mason.
The assistance of Dr Leanne Craze of Craze Lateral Solutions, in the preparation of this submission is acknowledged.
May 2002
Introduction
This submission has been prepared following a public seminar held on 4 March 2002 to discuss the experiences of children in Immigration Detention Centres in Australia. The seminar, held at the University of Western Sydney (Macarthur - Bankstown), was convened by Childhood and Youth Policy Research Unit of the Social Justice and Social Change Research Centre, University of Western Sydney in association with Defence for Children International (Australia) and the Association of Child Welfare Agencies.
The purpose of the seminar was to inform the research process of community agencies and other interested groups who were seeking to prepare submissions for the Inquiry. Approximately fifty people attended the seminar.
Addressing the seminar were:
- Three young people who spoke of their experiences prior to coming to Australia and in immigration detention, from transcripts in English. These were read by Brenda Bartlett, Justine O'Sulllivan, lecturers at UWS and Natalie Bolzan, senior lecturer at UWS.
- Fran Gale, social worker and lecturer at UWS, who gave details of a recent visit to the Immigration Detention Centre at Woomera;
- Jackie Everett, Lawyer and worker at Edmund Rice Centre and Jesuit Refugee Services. who told of her discussions with children and young people during visits to Immigration Detention Centres; and
- Chris Sidoti, adjunct professor at UWS who outlined relevant international human rights instruments and their implications for Australia's care of children and young people in Immigration Detention Centres.
The seminar was chaired by Judy Cashmore, President Defence for Children International (Australia).
This submission provides an overview of the seminar's proceedings and deliberations and concludes with a discussion of the vulnerability and special needs of refugee children. Recommendations are made concerning action that is required of the Australian Governments.
Observations concerning the recounted experiences of children and young people in Immigration Detention Centres
Quotations from transcripts and discussions with children and young people about their experiences in Immigration Detention Centres are provided in the following two sections.
Observations on the voices of unaccompanied minors
Called by number
The young people told of how throughout their detention they were called by officials by their numbers and never by name:
'Police' call us by our number, not our names…
'police' didn't ask us what our names were, just called us by number ….
felt lonely, called by number, felt like a number…
Roll call was done by number
Held by 'police'
The young people knew and referred to the detention centre officers as 'police':
'Police' ran the place..
'Police' should be helpful
Police should call us by name
Closed section cramped and tense
The young people told of how after they were initially interviewed they were detained in a closed section for 25 days.
Very cramped… just like a small room
Main memories of closed section … a lot of pressure
No playing, no space, all close, we couldn't go outside
20 beds in one room, we were all under 18 years of age
bad when it was very hot
nothing to do
Nothing to do and no education
Young people told of how there was nothing for them to do and how precious time was lost when they could have been learning English and learning how to live in the community.
Someone came and talked about Australia - may be one hour, 2-3 times a week.
Wanted to study …. Where there was a teacher ….. We wanted to learn English, have proper classes, learn grammar, wanted a serious class
When released we couldn't speak English …. But detained for nine months … at school I don't understand English, I can't do my homework…
Couldn't initiate interviews with authorities and weren't kept informed
The young people told of how there was nothing they could do to initiate an interview and how they were not kept informed about the process, what was happening and what would happen next.
People were told they could have a visa but didn't get it for another two or three months … cause a lot of anger …… process was finished .. delay in getting visa…. People didn't know what their rights were
We assumed that those who went in first or were interviewed first would be released first but it didn't happen like that … didn't understand time
Didn't get answers
Not able to get answers to questions
Not given option of a lawyer
Could not get an interview … just told to wait
Just told to wait … didn't understand what was wanted of us
Didn't get medical treatment just punished
Young people told of how when they or others self-harmed themselves out of frustration and in some instances because of a pre-existing injury that was hurting causing distress. After self-harming the young people told of how they were placed in isolation.
'Police' just say if you want to kill yourself you can
'police' took me to dark room… called India … kept there for five days by self … small area just about 3 by 4 metres, camera there, no chair to sit on, small amount of light … kept asking me 'why did you hurt yourself'
difficult to get any medical help .. just put in 'India'
Wanting to die
Young people told of how many just anted to die.
'Police' didn't like us not to eat ….. people fainted …. Some unconscious … bad place … better to die that be there
They were scared of some of the detainees
people very stressed there, mentally sick…. Fights happened, scary things happening in restaurant … scared that something will happen
Temporary visa results in a 'Catch 22' situation
Young people discussed the unfairness of the practice and rules surrounding temporary visas.
If studying full-time, special benefit stopped .. it's the law
Without a permanent visa I can't see my family
We are told we should go back home now that things are better …. But we know things aren't better …. But Australian government is telling us we should go back
Want a normal life … want to study ,, worry we will be told our visa has expired
Now that they have left the detention centre
The uncertainty is bothering us, worrying us, can't focus, can't work, don't have permission
Hard to work if we don't know English … but can't study English full-time or we lose money
Shouldn't be putting everyone on a temporary visa just as a matter of routine … individual cases should be assessed as individual cases.
Observations on the experiences of children in detention
Presenters told of children's observations about their experience in Immigration Detention Centres
Unwelcoming
Children told of how barren the detention centres were:
- Hot dusty
- No shade
- No trees, no grass, no flowers
Nothing to do
Children told of how they was nothing for them to do.
- No school
- No play ground
As if in prison
Children could not understand why they are in prison and why there were 'soldiers' at the centres. Children also told of being called by their number.
Centres are terrifying
Children have told of how terrifying the centres are, particularly when:
- fights and riots break out;
- their parents become ill, sad and distressed;
- they see their parents treated disrespectfully and not afforded dignity;
- their parents are punished and put in isolation;
- they see people attempting suicide or hurting themselves; and
- blood has not been washed out of the toilets and shower facilities;
Unaccompanied minors felt particularly unsafe. Children also reported feeling unsafe in the toilet and bathroom areas.
Aspects of Human Rights violations experienced by children and young people in Australian Immigration Detention Centres
On the basis of the research process in conducting the seminar we have compiled an analysis of aspects of human rights violations experienced by children and young people held in Australian Immigration Detention, particularly those held in the remote centres.
Incongruent and unjust policies and practices
The policy and
practice of detaining unaccompanied minors
Unaccompanied minors held in Immigration Detention Centres are rendered
vulnerable in 'at risk' situations. These young people have not offended
but yet there are treated worse than Australian authorities are allowed
to treat juvenile offenders. Juvenile offenders are not detained in adult
facilities.
Incongruent definitions
and assumptions
Terms of 'queue-jumpers', 'self-selecting refugees' and 'economic
refuges' are embedded in current Australian policies and procedures concerning
people seeking asylum and refuge. For many people arriving illegally in
Australia there is no queue for them to jump. Many people have fled their
countries in an effort to save their lives. It is a false assumption to
make that because they have paid to leave their country, they are necessarily
'economic refugees' or 'self-selecting refugees'. Policies underpinned
by these concepts and terms often do not match the experiences and situation
of those who have arrived in Australia illegally.
Policies and practices
that place children and their families in situations of risk
Automatic detention of children and their families in immigration
detention centres, particularly the remotely isolated centres, places
them in situations of risk. The conditions in the remote centres are experienced
by children and their families as dehumanising, inhumane and traumatising
(or more correctly, re-traumatising.
Policies and practices
that set parents and families up to fail
When children are further traumatised by the conditions in immigration
detention centres, children lose trust in their parents' capacity to protect
them and look after them. Parents lose faith in their own capacity to
look after their children and blame themselves for what their children
are experiencing. As time in detention draws on, families lose hope in
their lives and their futures, hence the focus on suicide.
Policies and practices
that do not address the psychological, developmental and social needs
of children and young people
The automatic detention of children and young people seeking asylum
and refuge in Australia results in further traumatisation and suffering.
The children and young people view themselves as being punished. This
view is reinforced by the harshness of the conditions where they are kept
(i.e. in the remote centres) regarding those who supervise them as 'police'.
Children and young people are not receiving the educational, health and
psychological services they require. Neither are their social and age-specific
needs being met. Despite neither the parents nor the children having offended
their opportunities for education recreation and leisure are significantly
less than for adult prisoners. The conditions in which children and young
people seeking refuge and asylum are kept in the remote immigration detention
centres would not be tolerated in any correctional jurisdiction in Australia.
Policies and provisions
that set up families to fail on release
Current policies and practices with families seeking asylum and refuge
in Australia do not assist successful settlement in the community. Those
released into the community leave without:
- Sufficient information about their rights and entitlements;
- Lack of information about the local area into which they are to settle;
- Being linked into support networks and community agencies;
- Being linked into health services that can assist with immediate needs;
- Having been provided with the opportunity of learning English whilst in detention; and
- Practical assistance in the early stages after leaving detention
Temporary visa
policies and procedures that provide families with self-defeating options
Temporary visa policies and procedures result in families being placed
in 'limbo' and undermine the capacity of families to live independently
in the Australian community. Options provided under the policies are self-defeating
eg
- Lack of English and qualification makes employment difficult, but if a person studies full-time they cannot receive special benefit;
- Unaccompanied young people or members of families cannot leave the country to see other family members who have been left behind either in their country of origin or in another country;
Australian policy
and procedures concerning people seeking refuge and asylum do not provide
mechanisms for their voices to be heard
In contrast with prisons where there are official visitors and a
raft of complaints mechanisms, both internal and independent, there do
not appear mechanisms for children and young people to have their voices
heard. They do not appear any mechanisms for children to complain or to
ask questions and receive information.
Current Violations of human rights instruments
Having studied the Convention on the Rights of the Child and the Refuge Convention, we have used the articles contained therein as benchmarks against which to assess the Australian Governments treatment of children and young people who are seeking asylum or refuge in Australia. Outlined below is our assessment of some of the rights from the Convention that are currently being violated in Australian Immigration Detention Centres.
- The right of all children to enjoy all the rights of the Convention without discrimination of any kind (article 2)
Currently children who are seeking refuge in Australia are discriminated against on the grounds of their refugee status and because of the country of their nationality.
- The right to
survival and development (article 6)
Children and young people in Australian Immigration Detention Centres have frequently come from situations of violence and hardship. In detention they experience and/or witness violent and frightening events including serious assaults, sexual abuse, people suiciding or self-harming and people in heightened states of anxiety and distress. Some children and young people are reported to be at risk of suicide. Acts of self-harm are also reported among children and young people. The conditions in which children and young people are held are adverse to their healthy development. - The best interests
of the child as a primary consideration in all actions concerning children
(article3.(1))
Decisions that affect the well-being and lives of children and young people in Australian Immigration Detention Centres do not appear to be based on their best interests, rather the decisions appear to be based more on their status of a refugee and on their country of origin. - The right to
family life (articles 5,9, 18)
Families are not infrequently separated under Australian immigration law. At times, a father might be released and the mother and children detained. At other times, a father or both parents might be detained and a placement in the community organised for one child, a number of siblings or all siblings. - Right to the
highest attainable standard of health (article 24)
It is clear, that children and young people held in Australian Immigration Detention Centres, particular the remote centres, are far from receiving the highest attainable level of health care, whether this being general or specialist health care or mental health care. - Right to education
- universal, compulsory, free and including primary, secondary and higher
education (articles 28 and 29)
Children and young people in detention either do not receive education or receive it on an infrequent basis. Rules and regulations surrounding temporary visas work against young people receiving the education they require. - Right to practice
their culture, language and religion (article 30)
This right to do this is hampered by life in the detention centres. - Right to freedom
from torture, ill-treatment and abuse (article 37)
The accounts of children and young people we have examined, demonstrate that children and young people held in Australian Immigration and Detention Centres do experience ill treatment and abuse. - Right to protection
from all forms of physical or mental violence, sexual abuse and exploitation
(articles 19 and 34)
Again, the accounts of children and young people we have examined, demonstrate that currently they are not protected from all forms of physical or mental violence, sexual abuse and exploitation when they are in Australian Immigration Detention Centres. Unaccompanied minors are totally unprotected. - Right to freedom
of expression, thought and conscience (articles 13, 14, 15)
As discussed above they are no mechanisms for refugee children and young people to have their voices and views heard. - Right to protection
as a asylum seeking child (article 22)
Children and young people in Australian detention Centres do not receive adequate protection. - Right to recovery
from the effects of neglect, exploitation, abuse, torture or ill-treatment,
or armed conflicts (article 39)
Children and young people in Australian Immigration Detention Centres witness riots and armed conflict (despite the rudimentary nature of the arms). It could also be argued that by reason of the lack of provision for age, gender and developmental needs of children and young people, they are being neglected. In these circumstances, refugee children and young people are not assisted to recovery from what they have experienced and witnessed prior tot heir arrival in Australia. Post-trauma recovery services are not available to those held in detention. - Right not
to be deprived of liberty unlawfully or arbitrarily, with detention
only in conformity with the law, as a measure of last resort and for
the shortest appropriate period of time (article 37)
We consider the automatic detention of refuge children and young people in Australian Immigration Centres to be done in an arbitrary manner. Their detention is determined more on the basis of their status:- As children
and young people;
- Of being
a refuge; and
- Of their country of nationality or origin.
- As children
and young people;
Policies that are in place prevent their case being determined fully on its merits and on their circumstances. Determinations in relation to children and young people are not individually based.
- Right to access
to legal assistance and right to challenge their detention (article
37)
From the accounts we have examined, they appear to be practices occurring in relation to a person's right to legal assistance that would not be tolerated in the Australian criminal justice system. Legal assistance is difficult to obtain and people are not informed of their right in relation to legal assistance and appeal. Further, the right to appeal would appear to be a 'paper' right as the provisions governing appeal, make it unlikely that a court of law would grant release. - Right to rest
and play (article 31)
It is difficult to rest when witnessing high levels of distress and turmoil. Australian Immigration Detention Centres, particularly the remote centres, lack age and gender specific toys and recreational facilities. As discussed above, this situation would not be tolerated in any juvenile justice detention Centre in Australia.
Right to privacy (article 16) - Right to a standard
of living adequate for physical, mental, spiritual, moral and social
development (article 27)
The conditions in which refugee children and young people are detained in Australia do not afford this basic right. - If detained to
be treated with humanity and respect for their inherent dignity and
in a manner which takes into account their age (article 37)
Being called by their number does not equate to be treated with humanity and respect fort heir inherent dignity. - A refugee is someone who 'owing to well-founded fear of being persecuted for reasons of race, religion, nationality, member ship of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.' Article 1 (A) (2) Refugee Convention
We are of the view that the framework of legislation, policy, procedures and practices governing Australia's response to people seeking refuge in this country, do not accurately reflect the tenets of this article.
- Non-refoulement is the principle that prohibits the forcible return f any person to a country where they risk facing persecution on return. Article 33 (1), Refugee Convention
- We are of the view that the framework of legislation, policy, procedures and practices governing Australia's response to people seeking refuge in this country, are underpinned by the aim of making people from a specific set of countries decide to return.
The vulnerability and special needs of refugee/asylum seeking children and young people
We have studied the UNHCR's Policy on Refuge Children (1993) and the updated UNHCR Guidelines on Refugee Children. These guidelines are underpinned by a recognition of vulnerability and special needs of children and young people seeking refuge and asylum.
The guidelines reflect the following concerns:
Refuge children face far greater dangers to their safety and well being than the average child. The sudden and violent onset of emergencies, the disruption of families and community structures as well as the acute shortage of resources with which most refugees are confronted, deeply affect the physical and psychological wellbeing of refugee children. It is a sad fact that infants and young children are often the earliest and most frequent victims of violence, disease and malnutrition, which accompany population displacement, and refugee outflows. In the aftermath of emergencies and in search for solutions, the separation of families and familiar structures continue to affect adversely refugee children of all ages. This, helping refugee children to meet their physical and social needs often means providing support to families and communities.
The guidelines focus on refugee's children's developmental needs, their gender and cultural framework, the special requirements of unaccompanied minors, and the particular problems that arise in the context of repatriation and reintegration. We are of the view that an independent audit against the UNHCR's guidelines should be conducted of the framework of legislation, policy, procedures and practices governing Australia's response to children and minors seeking refuge in this country.
Recommendations
On the basis of our research and of information available to us, we make the following recommendations.
- That decision-making concerning children and young people seeking refuge in Australia be made in terms of promoting their best interests and on an individual, case-by-case basis.
- That unaccompanied minors be placed with culturally appropriate families in the communities.
- That families not be placed in isolated and remote Immigration Detention Centres.
- That placements in the community be facilitated for families as soon as possible and as a priority.
- That provision be made for the psychological, developmental, educational and social needs of children and young people seeking refuge in Australia.
- That the health, psychological and disability needs of children and young people seeking refuge in Australia be met and that the services and care provided be in accord with acceptable standards in the community.
- That provision be made for the needs of men and women as parents or as guardians.
- That the legal situation concerning the loci of responsibility for the protection of and accountability for children and minors in immigration detention centres be clarified in a way which clearly identifies the roles and responsibilities of the Commonwealth, States and Territories.
- That the Commonwealth Department of Immigration establish an office of an Independent Inspector General reporting directly to the Minister responsible for this area. The responsibilities of this office would include regular reviewing of immigration detention centres and the investigation and reporting of complaints.
