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Submission to the National Inquiry into Children in Immigration Detention from
the Australian Association of Social Workers (AASW)
Dr. Sev Ozdowski
Human Rights Commissioner
National Inquiry into children in immigration detention
Human Rights and Equal Opportunity Commission.
GPO Box 5218
Sydney, NSW, 1042
26th April, 2002
Dear Dr. Ozdowski,
Please find attached the Australian Association of Social Workers (AASW), West Australian Branch response to the National Inquiry into children in immigration detention. The AASW is the professional social work body in Australia representing 6000 members nation wide and nearly 900 members in Western Australia.
The AASW/WA has long been aware and concerned over the conditions children face in Australia's various immigration detention facilities.
This response has been developed in consultation with AASW/WA members who have particular expertise and knowledge of children in detention, as well as various non-government agencies in the state who have working knowledge of the issue.
The Association would hope that the National Inquiry's findings and evaluations will encourage further development in services and service delivery to ensure that the best interests of the child are always maintained.
Yours Sincerely,
Dr. Barbara Meddin,
MAASW, Acc SW
President
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors.
The AASW/WA believes that children in detention are already traumatized by events in their homelands and the detention of these children in Australia is an additional systemic abuse. The Australian government perpetuate this abuse through reported conditions children face in detention centres and the government's lack of willingness to acknowledge the situation with the hope of some level of change.
The Association has received various reported examples of current living conditions and processes within detention facilities;
a) Meals are at set times and food for snacks is only accessible at set times. There is no flexibility for young, tired children and this can mean that they go without meals on some occasions.
b) Clothes - Individual clothes are taken away on arrival at detention facilities. People often have just one outfit to wear. Mothers who are breast-feeding are in particular need a change of clothes. This action promotes the dehumanisation of people in the centres and a great loss of their individuality.
c) Blankets - Young babies do not have sufficient blankets to stay warm.
d) Toys/educational materials - Sufficient materials are not available and there is no reported presence of mandatory or suitable play areas.
e) Staff are not necessarily cross culturally trained. It is reported that staff can show favoritism to certain families and not to others. The reported use of keys to open and close doors also leads to the prison and institutional like environment.
f) Counsellors - Specific qualifications and the level of counsellor training for working with migrant children in detention is unclear.
g) Legal - Lack of information regarding the legal structure in Australia and lack of access for all to legal representation. It also appears that detainees are not kept appraised of where their particular applications are up to which contributes to heightened frustration and anxiety.
h) Information /phones - Very limited access to phones and often lack of awareness as to the whereabouts of other family members here in Australia.i) Living conditions - Reported to be cramped with little privacy and families separated on occasion. Very little shade at Woomera (50 degrees at times) which can result in sunburn and dehydration and the glare can have long term effects on eyesight. It has been reported that at the Curtin facility head counts occur where people are checked at all times of the day and night. These visits are unannounced and create an atmosphere of violence which children witness.
j) Medical checks - It is unclear if normal developmental checks are carried out as a matter of course. Post Traumatic Stress Disorder is reported to be misdiagnosed as psychiatric depression.
k) Individuals have reported that whilst in detention, they were referred to as a number, not by name. This can only lead to offend the inherent dignity of any human when subjected to such treatment for an extended period of time. It also conjers up the treatment holocaust victims received at the hands of Nazi's over half a century ago.
The effect of "number calling" on developing personalities and the social, psychological and emotional function of growing children cannot be underestimated. One teenage boy, who arrived as an unaccompanied minor from Afghanistan in 1999, recounted the fear he felt during his time in detention, and the 'punishment' people endured if they did not respond to their 'number' being called over the loudspeaker. This punishment may include being restricted to certain areas of the detention facility, or being excluded from certain leisure or educational activities.
2. The mandatory detention of child asylum seekers and other children arriving in Australia without visas and alternatives to their detention.
The relevant treaty with respect to mandatory detention of either accompanied or unaccompanied minors is the Convention on the Rights of the Child, articles 37(b) and 37(c) which includes the need to treat child asylum seekers with the "needs of persons for his or her age". The AASW/WA believes the current treatment of child asylum seekers in detention is a violation of the Convention to which Australia is a signatory to.
However, the reported experience of many children seeking asylum in Australia, whether together with their parents and/or other family members, or unaccompanied, is the deprivation of their liberty for an indefinite period of time within a government funded detention centre.
The detention of children in this instance is not being used as a measure of "last resort" and it has been reported that many children have remained in detention for over six months. The uncertainty faced by refugees during flight is thus prolonged once they arrive in Australia.
The best rights of the child are not being considered with the current system of detention in Australia. There are very real and serious concerns about the trauma detention is causing children. Prolonged detention with only basic and poor living requirements is depriving children with "the humanity and respect" they need to develop into full-functioning adult.
An alternative to detention for unaccompanied minors may be maintaining these children in adequately supported accommodation. Ideally this may include children staying with extended family or staying within their own cultural group in a foster care type arrangement. The child's wishes should always be taken into account with family reunion being the primary goal.
3. The adequacy and effectiveness of policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention.
The issue of unaccompanied minors remains are priority concern. Children as young as thirteen years can be without a trusted adult and without protection. To date, the AASW/WA understands that the Department of Community Development have not had contact with any or very limited contact with children within the detention centres. This problem of state versus federal jurisdiction must be resolved.
The AASW/WA also understands that in Western Australia on their release from detention children are placed in houses of up to approximately four people without foster parents. The roles of the Department of Community Development and the Department of Immigration and Multicultural Affairs are still being negotiated whilst the unacceptable situation these children face is progressing with no appropriate controls.
The Association has been notified that currently the majority of unauthorised asylum seekers attempting to enter Australia are being sent to the Pacific Islands. There has been a reported decline in referral numbers from DIMA to one of the regional Department of Community Development offices. The implications of this diversion are very serious particularly for unaccompanied minors who have no suitable guardians or carers, no access to legal services and no hope of protection from a child protection authority.
There is also the unique situation of unaccompanied refugees and the complex settlement problems they face as a result of being issued with Temporary Protection Visas (TPV).
Children issued with a TPV are excluded from accessing the Intensive Language Centres (ILCs) which provide specialised English tuition from highly?trained professionals to other newly arrived children of migrants or refugees.
Those who have been granted permanent residence in Australia are entitled to 12 months enrolment at an ILC if it has been assessed that their English skills are insufficient. Many refugee children have had disrupted or non?existent education, thus the new school environment may be alienating to them, and the ILCs provide a smooth transition into mainstream schooling.
Those children holding a TPV are also excluded from attending the English as a Second Language (ESL) classes that operate out of some public and private high schools. Thus, it is very difficult to provide these children with the English skills needed to function in Australian society.
Whilst difficult to measure, there are obvious social costs as a result of not being able to communicate in the language spoken in one's country of residence. Given that most of the children have a very limited grasp of English, difficulties will arise on a daily basis due to the language barrier.
4. The impact of detention on the well being and healthy development of children, including their long-term development.
The AASW/WA is aware that there are many incidents of people presenting with depression and/or post traumatic stress disorder following the experience of detention. This exacerbates any previous trauma and undermines trust in the equity and safety of the Australian system.
Some children have been known to self-harm following their experiences in detention and/or to "act out "in school. Family relationships can be severely damaged by the perceived breach of trust of the parent.
In term of psychological effects there are reports of developmental delays, behavioural problems, withdrawing, depression, "acting out", aggression, bed-wetting, grinding teeth, nightmares and twitching. Children are in limbo when they most require structure and boundaries for healthy development.
There are significant changes in family dynamics that often undermines the parental role. Breaches of trust between child and parent are common as well as children supporting parents their parents in detention. This swap in roles creates a situation where children are faced to act beyond their age appropriate development.
5. The additional measures and safeguards which may be required in detention facilities to protect the human rights and best interests of all detained children.
It is a matter of great urgency that the camps be made accessible to representatives of health, mental health, legal, child protection, education services and human rights observers who can report openly on the conditions they find, and make recommendations to address those situations that violate the UN Convention on the Rights of the Child as they pertain to children in detention.
More specifically,
a) Children must not be detained in prison like environments.
b) The best interests of the child must always be maintained. If continued, children in detention must have representatives available and accessible to them who promote their safety and a nurturing environment.
c) Staff need to be cross culturally trained.
d) Counsellors must possess suitable qualifications and trained to be working with children
e) Legal - Readily available information regarding the legal structures in Australia and access for all to legal representation. Lawyers need to train to work with children.
f) Information /phones - Access to phones an information as to the whereabouts of other family members here in Australia. More efforts needed to link families together across Australia.
g) Living conditions - Overall improvement including suitable play equipment and materials for children. The frequency and availability of education must also be examined.
6. The additional measures and safeguards which may be required to protect the human rights and best interests of child asylum seekers and refugees in the community after a period of detention.
It is estimated that the majority of refugees who enter Australia have suffered some form of torture. Unaccompanied refugee children are particularly emotionally vulnerable without the support of their family, and some may have witnessed their parent's torture or death. It is also possible that they themselves have been victims of rape or sexual assault during their escape. Torture is both physical and psychological, so victims may have both visible and invisible scars.
It is important that
service providers who are their guardians, are aware of the lingering
effects of trauma, and how this may affect their settlement experience.
The condition of uncertainty and doubt about the future faced by teenagers
with a TPV can do a great deal of psychological and social harm. The stability
and increased access to services that a permanent visa would supply could
improve their psychological well being dramatically.
Adjustment, stress and anxiety disorders may be prevalent amongst this
group and mental health services need to be accessible to these teenagers
so that treatment and support can be managed appropriately. When these
children are the holders of TPV's they are ineligible to access to migrant
resource centres that would provide specialist referral services to ensure
appropriate mental health services are accessed.
In addition, TPV holders are also denied assistance with language training frustrating their ability to seek this type of support.
If unaccompanied refugee minors are viewed as future citizens, then structures and supports are needed to reduce these negative psychological and social effects of trauma for the benefit of Australian society at large. Given that a source of instability and insecurity is lack of a national identity, the TPV given to these teenagers can only compound these effects.
If a TPV was granted in the case of unaccompanied minors, access to reunification should be given on arrival and would enable these refugees a chance of benefiting from the care and protection of a family member.
- The UN Convention on the Rights of the Child set the standard for civilized and humane societies in the treatment of their children. The human rights of children in detention are clearly being violated in Australia today.
- The UN Convention on the Rights of the Child sets the minimum standards of care for children in detention and Australia has an international and humanitarian responsibility to provide this minimum standard of care as a signatory to the Convention.
- The experience of detention often is perceived by immigrants as a repetition of the previous experience in the country of origin. Detention can be just as traumatising as experiences in own country.
- Children have no comprehension of the purpose of detention although they experience its effects and this often undermines parental promises of escaping to safety.
Reported case examples of families' experience in detention centres;
The following scenarios are reported incidents that the AASW/WA has received from professionals who work in the field with asylum seekers and refugees;
Last Updated 10 October 2002.a) One family was left with no light in their room for three days.
b) One mother alleges that she was drugged and that this affected her ability to breast-feed and bond with her child.
c) One family was handcuffed for seven hours, including young children.
The father was an alleged people smuggler.
