HREOC Website: National Inquiry into Children in Immigration Detention

Click here to return to the Submission Index

Submission to National Inquiry into Children in Immigration Detention from

the Ethnic Childcare, Family and Community Services Co-operative Ltd

General Comments

Effects on the Australian Community

Withholding of services in the community

Leardership available through the multicultural policy

Principle statement

HREOC inquiry welcome

Scenarios and specific examples and information in this submission

Refugee rights and the rights of the child

Health and nutrition

Prevention, treatment and accommodation of disabilities

Psychological and social well-being

Education

Culture and identity

Legal issues

Detention and the alternatives

We commend HREOC for instituting this Inquiry and thank them for giving us the opportunity to make input on an issue which is of grave concern to the Co-operative which, for 23 years has been advocating for the rights and needs of immigrant children and their families in a diverse multicultural society.

The philosophy underpinning the Ethnic Childcare, Family and Community Services Co-operative is social justice, with particular emphasis on Multiculturalism and access and equity in Children's, Aged and Disability Services. The Co-operative is committed to ensure that every person under the jurisdiction of the government of Australia and who is from a non-English Speaking background be provided with the opportunity to participate and receive services that are relevant, sensitive and appropriate to his or her linguistic, cultural and religious needs.

GENERAL COMMENTS

We deplore and condemn the Australian government's treatment of asylum seekers with its policy of mandatory detention and non-reviewable detention of most unauthorised arrivals, which is in breach of its international human rights obligations, contravenes many international treaties to which it is signatory and has challenged our values as a democratic, humanitarian, multicultural society and the ideal of "a fair go for all".

Children are the future citizens of the world and are the most precious resource of any country. They are dependent on adults for their survival and development physically, emotionally, psychologically and socially. They, with the aged and infirm are the most vulnerable members of the community. Therefore, laws and legislation are enacted by countries, individually and at an international level, collectively, for their care and protection. The Convention on the Rights of the Child (1989) which Australia signed in 1990, is a comprehensive treaty covering all areas of a child's life and all children regardless of their immigration status are entitled to the full enjoyment of the rights as outlined in the Convention.

Australia with the mandatory detention and treatment of children of asylum seekers in detention centres contravenes many articles of the Convention on the Rights of the Child and these are Articles: 2, 3(1), 5, 6, 9, 12, 13, 14, 15, 16, 18, 19, 22, 24, 27, 28, 29, 30, 31, 34, 37 and 39. The body of the submission refers to these articles and the way they are contravened by the government, presents the Co-operative's position and proposes recommendations to address the situation.

Australia is breaching the Convention relating to the Status of Refugees (1951) and its 1967 Protocol (The Refugee Convention) and the UNHCR Guidelines for Refugee Children: Guidelines on Protection and Care (1999) chapter 7, which states:

" Minors who are asylum seekers should not be detained. Because detention can be very harmful to refugee children, it must be 'used as a measure of last resort and for the shortest appropriate period of time'".

The UNHCR Guidelines consider unaccompanied minors as a vulnerable group and provide an outline for alternative care arrangements for unaccompanied and accompanied children to be:

In the care of family members who already have residency in the country
Be placed in residential homes for children
Placed in foster care
The state authorities to provide supervision, and guardianship

Children of asylum seekers and refugees who are in detention centres should be accorded the same rights as ALL Australian children and be protected by the same regulations, laws, Acts which apply to Australian children. Denial of these rights is a breach of these laws and regulations and those who breach these laws are to be dealt with according to these laws.

It is not a new event in Australia, that of asylum seekers who come from countries where armed conflict has been the norm and who ended up in our shores looking for a peaceful place to bring up their children and make it their home. What has changed is our treatment of them under the privatised detention centres.

Since privatisation of the management of our detention centres to Australasian Correctional Management, we have seen the processing of these people and the abusive and neglectful incidents and situations that have now arisen from ACM's operational methodology. The Co-operative is very concerned about the unwillingness of DIMIA and ACM to engage the well established and capable government services, departments and agencies and community organisations that could support the rights of children in detention.

The Co-operative has noted the vilification of 'boat people' as they attempt to arrive in Australia to make their lawful claims and the way that the media has run the story with little to no access to the claimants themselves, a virtual 'blanket ban' on interviews with the asylum seekers or media scrutiny of the activities in the centres, maintained by DIMIA and ACM. The Co-operative now believes that the treatment of detainees in Australian detention centres who have legitimate claims for asylum pending, contravenes international Conventions which Australia is a signatory to, namely the Convention on Refugees, the Convention on the Rights of the Child, and the Human Rights Charter. The shameful treatment of asylum seekers, especially those on the Tampa and the families who were vilified for 'throwing their children overboard', has cast Australia both internationally and locally as racist and inhumane.

The hasty changes that are currently being made to our immigration laws in order to imposed harsh measures against these people, the government's desire and the opposition's agreement to make an example of this group of 'boat people' at this particular time in our history in order to deter more coming to our shores and for political gain has created an uninformed, distorted public debate of hate and racial tensions in the community. This is costing taxpayers millions of dollars to keep refugees and asylum seekers in detention for months and in a significant number, years rather than weeks. The longer-term impact of the federal government's 'Pacific Solution' to keep more and more off our shores has damaged Australia's social fabric in ways that many of us may not even be aware of yet. The internal political effects on neighbouring governments (e.g. Papua New Guinea, Nauru) now 'warehousing' thousands of adults and children (some of whom have one parent on shore in Australia) is now being reported by the local media, concern from the Co-operative has also contributed to the terms of reference of this submission as families remain separated indefinitely.

The refugee situation is a worldwide phenomenon, and there will be more and more people displaced by armed conflict, repressive regimes and globalisation. Therefore, this situation cannot be resolved by one country imposing harsh laws to keep them out, rather it has to be resolved by dialogue, not wars, through structures such as the United Nations which has been set up to bring all nations together to find peaceful, collective solutions to the world's problems.

EFFECTS ON THE AUSTRALIAN COMMUNITY

The tragic events of 11 September 2001 and the measures being taken against the asylum seekers by the Commonwealth government have had repercussions here in Australia, where Australians from diverse cultural and linguistic backgrounds that make up our multicultural society, have been subjected to racial and discriminatory attacks by people who are prejudiced and influenced by the irresponsible, sensational handling of the events in America by the media. 1. Were Australia to support the resolution of conflict by peaceful dialogue, negotiation and conciliation by the different parties through the United Nations, this may also serve to respond to the growing number of refugees and asylum seekers in a meaningful way, at the source.

Whether they are Australian citizens, permanent residents, Temporary Protection Visa Holders or asylum seekers, we believe that everyone is entitled to equal human rights in Australia no matter what their origin. It is totally unacceptable to the Co-operative for any children, women, men, people with disabilities or older persons, no matter what background, to be attacked physically and/or verbally because of their religious, racial or other backgrounds or because they dress or 'look different', by individuals in the community, government departments or through the media. Placing unsubstantiated 'blame' for what is happening in other parts of the world and holding groups or individuals responsible here because of their ethnicity, religious beliefs or cultural practices, including dress, unethical and un-Australian.

Much stronger ethical and moral leadership is now needed as a matter of urgency.

The common core of our Multicultural Policy which is based on the principles of the belief in peace, justice, equality and compassion and respect for human life could continue be built upon by both state and federal government agencies. Several months ago they did bring together religious and community leaders from ethnic communities to talk about the conflicts in the community about these issues, communicate with each other and form the links to learn from each other and demystify their religious doctrines. Much more work, however is needed.

Leadership and compassion 'from the top down' is also important to encourage people in the Australian community to continue to come together to learn from each other. Ignorance is a breeding ground for the growth of more fear, irrational behaviours and the proliferation of racist centred popular media driven debates and reactions.3

WITHHOLDING OF SERVICES IN THE COMMUNITY:
HARDSHIP EXPERIENCED BY CHILDREN AND FAMILIES ON TPV'S AND THOSE ON THE TWO YEAR WAITING PERIOD TO ACCESS SERVICES

Of serious concern is the health and welfare of the children and families with Temporary Protection Visas (TPVs). The lack of settlement services currently being provided to them and their threatened forced repatriation is evident, as the first group of Temporary Protection Visas will expire in May 2002, this month.

Of particular distress to the Co-operative is the reluctance of the New South Wales government to provide subsidized funding for all settlement services in this state for TPVs, where those services are not being funded by DIMIA. In the case of NSW according to The Refugee Council of Australia, Executive Officer, Margaret Piper, there are around 44% of six to seven thousand TPVs in New South Wales currently.

In every other state or territory with significant numbers of TPV holders (e.g. Queensland and Victoria and South Australia), state governments have provided supplementary funding to community sector to help the services who would usually provide settlement services to refugees and asylum seekers and their children. The Co-operative is concerned about the physical, mental and health risk to those children as their parents discover that they are no longer eligible to ever claim permanent residence in Australia because of the new legislation.

There are also thousands of children of newly arrived 'Skilled Immigration' and 'Family Reunion' migrants who still have to wait for two years to access certain services and benefits which are enjoyed by all Australians are discriminatory and detrimental to the interests of the child and its family.

According to research by the Welfare Rights Centre, ACOSS, the Brotherhood of St. Laurence and case studies from community services who endeavour to assist these families, the families and children are disadvantaged, are treated as second class citizens, some live in extreme poverty, they do not have proper health care, do not have access to child care and other family support services, cannot access federal employment and state training programs, and have no income security to ensure a quality of life for their children while they attempt to fill labour had market gaps to which we had invited them to migrate to fill here in Australia. It is little wonder that these groups are mainly staying around the city areas, in this state at least, where their own ethnic communities support them as best they can.

The Co-operative's position is that all persons living under Australia's jurisdiction, irrespective of their visa status, following their release into the community must have access to all services and benefits equally. The social consequences (seen and unseen) far out weigh the financial costs. The severe and inhumane restrictions which are the 'descriptors' that separate the Temporary Protection Visa which is being issued to those lawful refugees and asylum seekers, who have proven their claim, must be repealed immediately. The two-year waiting period services for newly arrived migrants should also be abolished. The social impact of both is extensive.

LEADERSHIP AVAILABLE THROUGH THE MULTICULTURAL POLICY

The role of a community organisation such as the Cooperative is vital in facilitating understanding. We have been doing this since our inception in 1979, but now more than ever; Australia's Multicultural Policy with its rights and responsibilities is both precious and invaluable. This policy espouses the principles of human rights, social justice, equality of opportunity and the rights, freedoms and obligations of people in our diverse pluralist society to practice their culture, language, religion and to participate fully in the society we all share and that this value is what makes us Australian.

Australia's multiculturalism played a large role in the procuring, staging and successfully completing the historical event of the century, the Olympic Games in Sydney in 2000. Multicultural Policy could see us through these difficult times regarding the treatment of asylum seekers and the general fear in the community if we only apply it in times of service and social justice as well as celebration.

PRINCIPLE STATEMENT

All children and their families need to be released immediately from all immigration detention centres into based community care.

We call for an immediate parliamentary inquiry into Australian Immigration Centres (with national and international monitors, as a cultural and social audit) be called into the relationship between DIMIA and ACM, the use and miss-use of funds in relation to accountability and the lack of transparency on accountability to the Australian public and concerned interest groups both in Australia and international.

We unequivocally state that all children asylum seekers (and their parents and/or carers) on Australia's soil or within our federal or states governments' jurisdiction are being further traumatised, injured, neglected, while we deny their civil and human rights under international conventions by mandatory detention for unacceptable amounts of time.

HREOC INQUIRY WELCOME

The announcement by the Human Rights and Equal Opportunity Commission of the Inquiry in Children in Detention is welcomed and we anticipate this will lead to the development of different strategies to afford us all the will to behave in a more humane way towards those fleeing to our shores. Resolution of the present situation in immigration detention centres and the broader issues of the unsatisfactory and unnecessary hardship and suffering that is being perpetrated on children of asylum seekers and who are currently under Australia's jurisdiction must be an absolute priority now. The persecution of children whoever their parents, and whatever their circumstance can never be allowed to become 'tolerable'.

Through our membership of international organisations such as UNICEF, OMEP, DCI, IFWC, HREOC, the Co-operative is able to make contributions by working with these bodies to safeguard the rights of children of the world. The Cooperative was nominated by UNICEF as a Non-Government Organisation to send a representative to the United Nations General Assembly on the Special Session for Children which has been rescheduled for 7 to 10 May, 2002 in the UN Headquarters in New York and the Co-operative will be represented. It is our aspiration that some positive outcomes will result from this significant meeting. In light of the worldwide situation, the rights and interests of children are greatly at risk. In our world now in 'war mode' the priority is given to defence spending and the financial resources are relocated from 'essential services' to finance the war effort, wherever you live.

There have been many economic, health and medical and political changes and historical events that have occurred around the world that have challenged and 'put to the test' our values as Australians, that is as a democratic, humanitarian, multicultural and pluralist society. What does our ideal of a 'fair go for all' mean now in light of the way detainees are treated in detention?

The Ethnic Childcare, Family and Community Services Co-operative Ltd is well placed to provide legitimate and meaningful comment to the Inquiry and welcomes this opportunity. The Co-operative acknowledges that:

Treaties that have been ratified by Australia, such as the Convention on the Rights of the Child, are binding on Australia in international law. The implementation of treaty rights of people in Australia are monitored by United Nations treaty bodies, such as the Committee on the Rights of the Child or the Human Rights Committee.

The fact that Australia has ratified a treaty does not automatically incorporate it into Australian domestic law. Only when treaty provisions are incorporated into Australian law do they create enforceable rights in Australia. However, courts should interpret a law to be consistent with the provisions of a treaty that Australia has ratified.

Other international documents and instruments such as United Nations Rules, General Comments by treaty bodies, United Nations High Commissioner for Refugees guidelines, United Nations General Assembly Declarations and publications by United Nations agencies are not binding on Australia as a matter of international law. They are, however, persuasive in interpreting treaties and contain goals and aspirations reflecting a consensus of world opinion.

Background Papers, Human Rights and Equal Opportunity Commission Inquiry into Children in Detention 2002

The Co-operative's work is driven by our commitment to the rights and responsibilities inherent in the Multicultural policy in Australia. In line with the Commonwealth Government Access and Equity Policy, the Co-operative endeavours to ensure that services are equitable and accessible to all people living in our community. It is from this position that the Co-operative presents this submission regarding children in detention centres in Australia.

SCENARIOS AND SPECIFIC EXAMPLES AND INFORMATION IN THIS SUBMISSION

The ECCF&CS Co-operative has discussed the conditions in one particular detention centre in Australia with a former detainee (who shall be referred to as 'the adviser' throughout the submission where relevant). The adviser has a relevant professional background (health/welfare) and has generously provided the instances and specific examples that appear throughout this submission, and are marked as such.

They refer to a particular time and place, which have not been provided in this document but which can be verified upon request. In order to protect that person and the specific examples and information provided to us. The actual centre and the identity of both the former detainee and individual children and their parents have been omitted intentionally.

Each area of the Inquiry has been addressed.

The ECCF&CS Co-operative supports and embraces the UN Convention on the Rights of the Child and therefore has framed this submission with recommendations in relation to that convention and related refugee conventions that are recognised worldwide.

1. REFUGEE RIGHTS AND THE RIGHTS OF THE CHILD

The Convention on the Rights of the Child states:

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Article 3(1), Convention on the Rights of the Child

1A) THE CO-OPERATIVE'S POSITION

As the Cooperative's major aim is to advance the rights of children and their families, we have been concerned with the well being of some approximately 600 hundred children and their families who are currently in mandatory detention at centres in Australia. Some are unaccompanied minors and all are considered by the Co-operative to be 'at risk' of abuse, assault and neglect.

The rights of children in detention centres are being violated by the government, who is breaching a number of the Articles of the Convention on the Rights of the Child. It is internationally recognised and accepted that children, women, the frail and aged must be given priority in conflict and at-risk situations and be protected from harm. We as a country are in breach of our duty of care to the children of asylum seekers and the matter is extremely serious and damaging to everyone concerned, but paramount to innocent babies and children.

In the case of children, no matter who they are, where they come from, they should be accorded the same rights as all Australian children, whose rights are enshrined in the Child Care and Protection Act, Children's Services legislation, Education and Health legislation of the Commonwealth and the states. Prolonged detention and exposure to violent, harsh, unstable, unstimulating environments have detrimental effects on the psychological, physical and emotional, social and intellectual development of these children and leads to mental health, social and other problems in the future.

These children are deprived of their right to an identity, a safe and secure environment, a happy childhood, an education, to play, to live within a family and their community, and have freedom to practice their language, culture and religion.

No government or authority can deny them these basic human rights.

1B) RECOMMENDATION:

1.1 Mandatory detention of the children of asylum seekers and their treatment and conditions prevailing in the detention centres in Australia contravenes Article 3 (1) of the CRC as the principle of "best interest of the child" is not considered in decision making, in provision of essential services, resources for their development and well being.

1.2 The policy of mandatory detention of asylum seekers and refugees in Australia should be abolished.

1.3 That asylum seeker families and/or carers with dependent children be prioritised for assessment and that all children and their families/carer givers be released into the community immediately following the most basic health and character checks, without further mandatory detention of any kind, as a mater of urgency.

2. HEALTH AND NUTRITION

In regards to health and nutrition, The UN Convention and the World Health Organisation says:

States Parties recognise the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

Article 24, Convention on the Rights of the Child.

The States Parties to the present Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Article 12, International Covenant on Economic, Social and Cultural Rights.

Health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity.

World Health Organisation definition of "health" in the Preamble to the Constitution of the World Health Organisation.

2A) THE CO-OPERATIVE'S POSITION

The Co-operative believes says that every child, regardless of nationality or immigration status and regardless of how the child arrived in Australia deserves the highest standard of health and rehabilitation. Every child has the right to attain his or her maximum physical and mental health regardless of legal status. Where children in detention centres are of poor health and nutritional status as a result of their incarceration in the centre, Australia is in direct breach of the convention.

Culturally, linguistically and developmentally appropriate health care needs to be provided in order for babies and children to grow and develop naturally. Nutritionally balanced, culturally appropriate and hygienically safe food needs to have been made available at all times. Consideration in providing culturally and religiously appropriate foods for children, which has the support of their parents, is fundamental to the child's sense of safety and well being for children and small babies to grow.

All families should be encouraged and supported to prepare culturally and religiously appropriate food for their family themselves. Privacy and a nurturing environment where families can maintain their special relationships, particularly around meal times is very important to young children and babies in relation to their sense of belonging and community.

Appropriate housing, that nurtures the family structure and it's relations, where parents providing food and drinks to their children and babies are essential to provide a sense of nurturing to each child, being able to affect their child's environment, to control it in at least some way, for small children. The environment characterised in the media coverage and reports from former detainees and staff, which is undermining the role of parents in the eyes of their children or worse attacking, injuring or threatening parents in front of their children is very dangerous to the mental health of children. It has been proven to be akin to assaulting the children themselves and constitutes a form of child abuse syndrome, a post traumatic stress syndrome similar to that experienced by children from domestic violence.7

It needs to be mentioned that the children who are the subject of this inquiry may have already been deprived of healthy food for long periods of time in their countries of origin and during their journey to Australia.

ADVISER TESTIMONIAL

There is a generally poor standard of nutritional value in the food (e.g. rice and soup a lot). The type of food and the preparation of it is inappropriate food for young children. For example, there is no provision of food pureed or cut into small pieces for babies and younger children.

Each 'detainee' is allowed to drink only one cup of milk per day. This includes babies and children. The adviser said that s-he observed a high level of anaemia amongst the children (in the detention centre) which s-he attributes to a diet that is lacking in protein.

The adviser observed that the diet is not nutritionally balanced especially for children and babies. This was an on-going situation during the said period. For example, only one egg per week was provided to detainees. There was only one piece of fruit allowed for detainees per day. This included children, who only ever got exactly the same diet and meals as the adults. The nutritional needs of babies and children were not considered in any way.

Monitoring of nutritional value of the food being provided and health services offered

There was no monitoring of children or babies what so ever. Only where the health of the baby or child was brought to the health professionals' attention by the parent was any child of baby ever examined by a medical professional there was no paediatric doctor ever observed in (name of centre) during that period. No specialist paediatric doctors were ever sighted in the centre.

During the time in which these examples are located, there were one thousand, four hundred and seventeen detainees at the Centre. The clinic was attended by four general practitioners each day from 9.00 am to 1.00 PM each day only.

There were no dental services provided on site at the Centre at that time. Any real emergency required the detainee to be taken outside to the township to get dental care or any kind.

No early child hood teachers were ever seen or consulted to provide early learning activities and encourage age appropriate early childhood development for the babies, toddlers and young children in the centre.

No sport and recreation officers were ever provided by ACM to organise activities for children to encourage their development in fine and gross motor skills for example or to encourage learning and development through play.

No food or drinks are available to the detainees to give children on request from their parents outside the designated meal times.

There was a lack of consistency of health care staff for children and babies. It was observed that medical and health staff did not last long at the centre. Staff turnover was very high with the average length of time that any nursing staff staying at the centre as six weeks.

In one particular instance, one doctor lasted only one month. When the adviser asked him why he was leaving he said that he had prescribed medication for a child. ACM had refused to purchase the medication for the child. He said he could not stay working at the centre because of this.

Three Babies born in Detention

During the time at the centre, the adviser said s-he recalled three babies being born. Women were taken to the hospital in the township of (name of centre) to give birth. ACM did not permit any of the three women to be accompanied by their husbands/partners or any other friend/detainee (including another woman) as a support person for the birth.

Following the return to the (name of the centre), the babies were never taken again to paediatric checks at the hospital baby health clinic in the township. No health checks were made of the babies unless requested by the parents and this was by doctors in the clinic only.

There were no cots, prams or strollers provided and although all three women came back with a small bundle of baby goods and clothing, this did not last long since newborn babies grow so quickly. After that, the second hand, ill fitting clothing was the only source of clothing, even for young babies under one year of age.

No specific, actual baby food is prepared or provided to the detainees for their babies or young children and toddlers.

Health Screening of Children

Upon arrival each child's health status should be assessed and ongoing monitoring for any deficiencies, disabilities or chronic illnesses that may have derived from lack of access to health services in the country of origin or may have occurred during the travel period to Australia.

Individualised health care and nutrition programs should be available to all child asylum seekers in order to ensure that every child receives preventative as well as remedial health care immediately upon arriving in Australia. Since a majority of the children shall be released into the community, it is logical to provide this level of intervention sooner rather than later.

Specific Health Services for pregnant Women in Detention

Culturally and linguistically appropriate pre-natal and post-natal care should be available for pregnant women. Easy access to specialist mental health (counselling) should be available.

Culturally and linguistically appropriate pre and post-natal education for mothers, and encouragement to breastfeed their babies for up to one year. Of course all of these services and advocacy groups exist in the community in Australia and are therefore readily available. Where the mother is having difficulties in breastfeeding early assistance from cross-culturally trained health professionals, a lactation consultant or a breastfeeding counsellor should be provided, as would be the case if she were to be living in the community.

Health and Nutrition Standards in Australia

In order to access the highest standard of health in Australia, which is their right, children and babies must be provided with the opportunity that appropriate space, equipment and education that encourages and facilitates physical activity and sport.

Health care professionals in Australia are cross-culturally trained in all areas of health care
Professional health and welfare interpreter services could be readily accessible
Access to early childhood services after birth, infants and children after the age of five years with support from their own ethnic/religious communities

Health and Nutrition- effects of the Temporary Protection Visa category, Post Detention

It is again important to note that following the release of children whose families/carers have successfully proven their claim for asylum (but who have spent seven days in a so called safe country) are then faced with the lack of access to specialist settlement services. The DIMIA has created a visa type, the Temporary Protection Visa Holders through the recently rushed through legislation, that denies children asylum seekers and humanitarian entrants and their families and carers (for a second time in Australia) the support that a strengthened family unit can give a child. The structures of families are already fragile after their time in detention, many have experienced the death of a parent or close family member. The use of denial of service is in humane and dangerously stressful to families with children and babies.

Parents with TPVs have an inadequate level of services that will enable them to settle in Australia or even function on a daily basis. The services being denied include no access to the usual free five hundred and ten hours of English classes, no access to Job Network employment services and the specialist settlement services such as housing advocacy, independent legal counsel through legal aid (their lawyers are appointed by DIMIA). Even specialist trauma and torture counselling is being denied these families.

2B) RECOMMENDATION:

2.1 That children asylum seekers and their parents and carer givers be afforded the same level of access to health services, dietary and food that are available to all other children in Australia -effective immediately.

3. PREVENTION, TREATMENT AND ACCOMMODATION OF DISABILITIES

The UN Convention says:

States Parties recognise that a mentally or physically disabled child should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

Article 23 (1), Convention on the Rights of the Child.

States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.

Article 23 (2), Convention on the Rights of the Child

Recognising the special needs of a disabled child, assistance … shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

Article 23 (3), Convention on the Rights of the Child

3A) THE CO-OPERATIVE'S POSITION

If children are kept in immigration detention centres, there is a need to ensure that every child has adequate nutrition, exercise, and educational activities such as drama, singing, painting and fun. This includes children with disabilities. Children with disabilities often have additional health needs associated with their disability.

On arrival, there is a need to ensure the health of all babies and children. Where a child or baby has a disability, the steps to ensure that his or her health can development both physically, mental and psychologically must be planned and delivered through targeted, individual service program plans for that child with a disability. Early intervention is essential in order to restrict the impact and severity of any disability on the child's development.

To do this occupational therapists, physical therapists, early childhood teachers, education officers and speech therapists from organisations such as STARTTS, The Spastic Centre of NSW, NSW Community Health can be made available. These services can devise an individual program for each child with the involvement of the family, but it would need to be outside the detention centre environment. If this were done, it would ensure that the child with disabilities has the same access to a healthy environment that children without disabilities are also entitled, in Australia under the Convention (on the Rights of the Child, to which we are a signatory).

There is also a need for children with disabilities to be released with their parents and siblings into the community so that the detention environment does not unnecessarily aggravate any disability. The recent media coverage of the breakdown of individuals and groups of detainees illustrates frustration due to the lengthy time asylum seekers have to spend in detention awaiting various departmental checks or for the completion of their appeal process once their application has been rejected. In such an environment any existing disability would be aggravated and lead to the development of more anxiety, extension of longer periods of short-term attention span and a reduction in his or her ability to develop, learn and grow to anything like full potential.

We understand that the health screening is quite limited, that is to the assessment of tuberculosis, hepatitis B, HIV/AIDS, for example things what are contagious only. The level of screening would not cover such disabilities as diabetes, cerebral palsy, Acquired Brain Injury, any intellectual or impairment. We understand that children are not even mental illness for psychological disability such depression and severe anxiety. This seems very strange to the Co-operative because the children are already traumatised and Australia has so many excellent practitioners in child mental health. Given that youth suicide is a major health concern in Australia it appears short sighted to allow these conditions to go unchecked in the hope that these children will be rejected as refugees and be returned to the country of origin and off our shores!

Health screening mechanisms must inform health service planning and delivery for Children with Disabilities

Comprehensive physical and psychological assessments and screening are needed in order to inform the health service planning and delivery in all areas for detainees but even more so with children with disabilities. This is standard best practice in all areas of the disability service sector in Australian and is a fundamental tenant of the Disability Act. The Disability Service Standards also provide for consumer participation in this planning process, which is also currently absent from administrative framework of the imprisonment of children in immigration detention centres in Australia who have disabilities.

The Well Being And Healthy Development Of Children With Disabilities, Including Their Long-Term Health Development

In general, it is agreed amongst experts that a lack of or denial of appropriate and culturally suitable early identification and appropriate intervention is likely to lead to:

Delayed development for child with disabilities
Increased and continuing poor health for the child with disabilities
The development of patterns of movement and behaviour that inhibit functional patterns for children with disabilities
An increase of frustration and demonstrated difficult behaviours
An increased level of worry and uncertainty for parents

Children with disabilities need early intervention and expert assessment of their conditions and needs Children with disability are more vulnerable than the average child to poor nutrition. Hearing and visual defects need to be detected early to prevent secondary deficits. Failure to recognise their disabilities can lead to emotional and behaviour difficulties due to unreasonable demands being placed on them. Like all children, children with disability need acceptance and love, a stable environment, and realistic nurturing.

Over fifty years of research on children with many types of disabilities receiving a range of specialised services in many different settings has produced evidence that early intervention can:

Ameliorate, and in some cases, prevent developmental problems
Result in fewer children being retained in later grades
Reduce educational costs to school programs; and
Improve the quality of parent, child, and family relationships

Early intervention may begin at any time between birth and school age; however, there are many reasons for it to begin as early as possible. There are three primary reasons for intervening:

To enhance the child's development
To provide support and assistance to the family, and
To maximise the child's and family's benefit to society

This is what the immigration detention centres are producing in the case of children with disabilities. Ethnic Child Care Family & Community Service is a provider experienced in devising educational and developmental programs for children with disabilities through their Children's Services Project Officers, Trainers, Supplementary Workers Team, Casual Ethnic Workers Pool and Multicultural Respite Service that has led to the improvements in their physical, emotional and social development.

The federal government's privatisation of the management of immigration detention centres has excluded most services, especially those based on a social justice and community development model from working with the detainees. We therefore, have no direct experience working with children with disabilities in detention centres. Even establishing the level of disabilities from DIMIA data, it is not data that relates to the children who are detention now, but based of past years.8 The 'prison like' atmosphere and absence of services in detention centres (but which are freely available in the Australian continent) will have long term and serious effects for the child with disability, their family and ethnic community as well as the Australian community at large.

The affect of the denial of these intervention services upon children' with disabilities capacities in all areas of their development and rights as human beings has been well documented the Multicultural Disability Advocacy Association (MDAA) in their submission paper to this inquiry.

'Children with disability have all the needs that ordinary children have and by definition many of these are unable to be met in the confines of a detention centre. Children with disability have a number of additional needs that are particularly compromised by their life in detention…'

Multicultural Disability Advocacy Association, Submission to Children in Detention Inquiry 2002

To the best of The Co-operative's knowledge and consultations with the community, there are no facilities for children with disabilities in Australian Detention centres. This is direct contravention of Australia's obligations both internationally and locally which are legislated in Australia.

The Co-operative believes that no standards are being adhered to and further that there is no transparency or accountability to the public regarding the standard of detention centres. They are being disregarded, ignored and flaunted. Community based, empowering organisations such as The Co-operative and MDAA are not invited or permitted to enter immigration detention centres to assist parents and children with disabilities.

The Co-operative must judge from the reports from media, which are limited (staff at the detention centres must sign a 'no talk' clause in their employment contract). However it appears, children with disabilities are not treated equally in terms of their suitability to reside in the harsh climatic conditions in which some centres situated, in one particular case recently aired on SBS demonstrated. In the case of the young boy with cerebral palsy, Mohamed who featured in the SBS broadcast, 'Tales from a Suitcase' an employee of Australian Correctional Management, the head nurse at Woomera Detention Centre told the child's parents that 'Mohamed can not live here in Woomera' following his initial assessment. Even after the doctor wrote to (formerly, DIMIA) from Port Augusta Hospital, the federal government refused to relocate the family to a more suitable climate for this three-year-old child. It was not until after the child sustained permanent lung damage from a second case of 'induced pneumonia' that the family, where relocated to the Villawood Centre, where the child is now hospitalised in Westmead Children's Hospital.

Scenario - Depression (ABC February 2002)

Another example was the young boy named in the ABC broadcast, Shayan Badraie who had been in the Villawood Detention Centre had to be transferred to the Children Hospital to deal with his significant trauma, anxiety and other physical problems, eg. Lack of nutrition from not eating due to stress and depression.

The Multicultural Disability Advocacy Association of NSW is the peak body in NSW for advocacy services for people from a non-English speaking background (NESB) with disability and their families and carers. The Co-operative agrees with MDAA's position that through legislative changes that will ensure that children with disability are protected in line with the conventions and obligations Australia is signatory to, we therefore also recommend:

3B) RECOMMENDATIONS:

3.1 The removal of the exemption of the Migration Act from the Disability Discrimination Act.

3.2 The incorporation of international conventions to which Australia is signatory into domestic law.

3.3 The creation of a 'Bill of Rights' that is accessible to all people living in Australia.

3.4 That children with disabilities and their families be further prioritised for immediate release into the community immediately following the most basic health and character checks, without further mandatory detention of any kind.

3.5 That Children with disabilities and their families be given permanent refugee visas with full access to settlement and disability services since any return of these asylum seekers or refugees to their place of origin is virtually impossible.

3.6 The Ethnic Steering/Advisory Committees in each state and Territory include the Disability Service Providers from relevant culturally and linguistically diverse communities, already residing in Australia.

4. PSYCHOLOGICAL AND SOCIAL WELL-BEING

Regarding Past traumatic experiences, the UN convention:

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment, which fosters the health, self-respect and dignity of the child.

Article 39, Convention on the Rights of the Child

States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

Article 19(2), Convention on the Rights of the Child.

Regarding the right to rest and leisure, to play and recreation, the convention:

States Parties recognise the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 31, Convention on the Rights of the Child

Regarding Periodic review of a child's well being, the UN convention says:

States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Article 25 Convention on the Rights of the Child

Further examination of the role that immigration detention has played in the lack of well being and mental and development health we refer the Inquiry to an Australian based, early childhood educator, Trish Highfield. The article, 'Boarder Protection Australian Style: A modern form of torture'.

'A six-year-old child lies across his father's should. His eyes lack purposeful expression and his skin is pale. This picture is the aftermath of eighteen months of mandatory immigration detention.

[His] number is LEE 67. One day[he] stopped talking. As time went by he also stopped eating and drinking. "At least seven times". He went to hospital, recovered but became ill again when he returned to the Villawood detention centre. At the time, there were six hundred and sixty two other children locked up in immigration detention…..(in Australia)
Child neglect is the logical consequence of the incarceration of children. The systematic way in which such damage is inflicted means that detained children are tortured inside the immigration lock-ups…

Several UN documents attest that the world abhors all forms of torture. It therefore is an indictment of Australia that its treatment of children fits the definition of Article 1 of the Convention against torture (CAT):

…"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent or incidental to lawful sanctions."

Highfield, Trish 'Australian Children's Rights News, December 2001, ACT ' 'Boarder Protection Australian Style: A modern form of torture'.

4A) THE CO-OPERATIVE'S POSITION

The Co-operative's position is aligned with that of those expressed by the Australian Section of Defence for Children International (reference), which was published in the Newsletter, 'Australian Children's Rights News'. Key points outlined in the article which affect the mental health and well being of children, who are being systematically neglected and whose treatment and abuse at the consent or acquiescence of the Minister and ACM staff can be summarised in this way:

Sleep deprivation (being woken with flashlights in the face repeatedly over months and sometimes years)
Routine random, armed patrols of children's living, learning and sleeping areas
Re-activation of past trauma by the inappropriate and insensitive housing with ethnic group members from the homeland persecuting ethnicity or religious group
Passive, but relentless process of torture by the mechanism of child neglect, by omission of care rather than active commission of a duty of care to children in immigration detention
The mandatory character of government policy on detention of asylum seekers, regardless of individual circumstance
Unhealthy environments that re-traumatises children and it's link to intent (on behalf of the government)
The application of clinical 'health and illness' indicators alone and within a context of systemic abuse and neglect and the effect of that regime on children (cycles or treatment and relapse)
The role the media can play in intervention in this situation, where the systematic nature of the abuse of children in immigration detention can be seen through video editing etc
The interplay between medical treatment and detention centre imperatives (eg. treatment without ever getting well)
Children being aware that batons, riot shields, water canons or gas that causes nosebleed can be used on them (as well as their parents and carer givers)
Children witnessing suicide attempts and acts of self-harm, which transfer into the minds of the children
Financial penalties from DIMIA to ACM for a death in custody, but no incentives for promoting well-being outcomes or children or adults in immigration detention
The dismantling of family structure where tradition patterns of food preparation, eating and parental role modeling are replaced by the life of the institution
The locked enclosure, the relative inaccessibility to advocacy and legal services and the practice of calling people by numbers, making the camps an idea environment for torture
Threat of mandatory detention of children breaches the Convention of the Rights of the Child (CROC) and that Australia has given a formal undertaking to 'protect the child from all forms of physical or mental violence.

ADVISER TESTIMONIAL

All detainees were referred to as 'detainee.' (a number), this included children and babies. ACM staff used this regularly in the privacy of detainee's rooms.

There were no televisions at the period either although it is understood through anecdotal evidence that televisions were provided later after s-he left.

There were no CD players or music of any kind. Obviously then, there was no provision of language other than English music either.

The out door areas at (name of centre) were not suitable or conducive to outdoor play for children. The area where children had open access was dry desert type ground covering. A shade cloth was erected which was approximately five metres by seven metres. But nothing was ever placed underneath it for children or toddlers to play with or in) like a sandpit for example).

The clothing provided to detainee children most often does not fit properly (the former detainee remembered children walking around with tops and trousers that looked like adult sizes with the sleeves and legs up). This included any babies who were anything but what would be considered 'new born'.

Mental Health and Development - Scenario (observed by adviser)
A four and half year old child (name with held) was continually presented to health staff in the clinic by his mother who was a single parent. Symptoms and behaviours she was concerned about included:

A return to bed wetting following his arrival at the detention centre
That he had stopped playing with either other children or his mother
Marked loss of appetite and a general diminishing interest in food of any kind

Naturally his mother was very worried about him. The medical staff appeared unable to affect any change to the child's environment that they attributed his behaviours to. The former detainee over heard conversations with management staff of ACM about the inappropriate and inadequate conditions in the detention centre for children and the impact that it was having on children such as this child.

There were no changes affected as a result of the efforts of the medical and nursing staff.

The Co-operative agrees with Highfield (2001), 'that the safety of detained children is in jeopardy. The institutions of law and medicine have become hijacked for the purpose of political gains with the result that Australia has institutionalised inhumanity. Mandatory immigration detention undermines the well being of children. The detention centre becomes the sole experience, because they are locked inside. Neglect, as the logical consequence of mandatory detention, systematically compromises the mental, social, and development profiles of children and thereby tortures them'

4B) RECOMMENDATIONS:

4.1 Children should be released from detention immediately, together with their parents.

4.2 That unaccompanied minors be placed in the care and control of the departments of community services in each state and territory.

5. EDUCATION

The UN convention says:

States Parties agree that the education of the child shall be directed to:

The development of the child's personality, talents and mental and physical abilities to their fullest potential;
The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;
The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilisations different from his or her own;
The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
The development of respect for the natural environment.

Article 29(1), Convention on the Rights of the Child

Schools in Australia have recognised the need for parent participation in the education system in order to raise the learning outcomes for children and young people at school.

ADVISER TESTIMONIAL

During the said time (year 2000) there were no teachers provided by Australasian Correctional Management (ACM) at the (name of centre) at all. There was no educational program at (name of centre) in any age range (preschool, infants, primary, high school or vocational). There was no access to the detainee children or their parents by any state or federal education providers.

Education Accommodation and Program
During that same period, a few detainees who were overseas trained teachers from (language) speaking backgrounds were given access to two small 'caravan like' portable rooms (approximately seven metres by five metres). These rooms were in the open area, in full sun during the hot summer. There was no air conditioning in the rooms and conditions were cramped with around twenty to thirty children in each room.

There were no educational curriculum documents provided to these teacher/detainees who were paid approximately fifty dollars per week to provide these 'classes'. There were no written program or syllabus documents for the teacher/detainees to refer to. Classes were provided by the teacher/detainees in the mornings only, for around three hours maximum.

Culture and First Language maintenance
There were no bilingual books. There were no classes given to any child in their first language if it was not (language). English language learning was only 'ad-hoc', as the teachers were not ESL trained.

There was very little equipment of any kind proved to the children. There were no toys (eg. dolls, blocks, sporting equipment and children's games such as skipping ropes or bat and ball kits. The only such equipment ever seen by the detainee consulted were two small 'soccer style' balls. These two balls were for the adults and children to share.

There was a sense of having to 'beg' for everything.

For example, a child could get a small notebook and a few colour pencils. But each time that s-he ran out of paper to draw on s-he had to ask the ACM officer for another notebook.

Most parents kept their children in their rooms, partly in response to the extreme heat both outside, common areas and partly to prevent them from possibly seeing or hearing anything that might effect them badly or distress or get them 'into trouble' with the ACM officers.

Books that were sighted at (name of centre) were from (name of town) Local Library (they were stamped). They were mostly old novels etc rather than anything relevant to the development, settlement or experiences of the detainees or their children and young people.

There were no children's books ever seen in (name of centre) Detention Centre.

5A) THE CO-OPERATIVE'S POSITION

The barriers to education being perpetrated by the confines of the detention centre environment and the control that ACM officers have of children, with a marked lack of respect for the functional role of parents can be characterised thus:

Lack of first language and English as a Second Language specialist teachers
Non-culturally appropriate education, which is developmentally appropriate (due to lack of educational assessment of any kind)
Lack of programs and multicultural content in the Australian context (DIMIA estimates that approximately 85% of asylum/refugee claims are proven to be legitimate. These children will become permanent residents and likely Australian citizens)
The ongoing effects of continued trauma/torture, that will effect the cognitive, behavioural and developmental progress of the learner (the trauma of detention following the well documented experiences of what child asylum seekers would most likely have experienced such as death, torture, malnutrition, injury etc)
The destruction of the role of the family and parents/carer givers in the support system of the child as a learner

The Co-operative advocates a model that identifies, addresses and respects each individual child's:

Right to education that reflects a quality and standard consistent with the child asylum seeker/refugee needs and past experiences
Right to go to a school, whatever else is happening (eg. visa claims etc)
Right to have teaching staff who are able and encouraged to liaise with the parents of that child in the detention centre, regarding his or her educational progress through a legitimate program to which parents have access
Needs to have health issues and personal development modules within the educational program framework
Need to maintain his or her cultural identity with a program that acknowledges that ethnicity within it
First language skills and provides opportunities to both maintain his or her first language with resources and bilingual teaching staff, while at the same time, providing quality English language teaching syllabus (for which Australian teachers are particularly highly skilled to do)
Designated religion, within the Australian context (with lesson plan and information about that religion in Australia) and regular opportunities to practice it freely
Need to make contact with and have information about his or her own ethnic communities in Australia

Given that the detention centres are largely located in isolated locations in remote communities whose ethnic mix is limited, within the current paradigm, the physical and technological limitations will always negate the educational needs of children in detention.

5B) RECOMMENDATIONS:

5.1 Recruit ethnic community leaders from each group, professional interpreters to meeting with state education departments and teacher body representatives, where detention centres are located and develop integration plan for all children in detention centres as a matter of urgency.

5.2 All children in immigration detention are enrolled in the local school directly outside the detention centre immediately following.

5.3 All pre-school aged children to have access to some form of child care and pre-school preferably outside the centre but if this is not practicable to have these facilities within the centre with proper equipment and qualified staff.

6. CULTURE AND IDENTITY

The UN Convention says:

In those States in which ethnic, religious or linguistic minorities … exist, a child belonging to such a minority … shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.

Article 30, Convention on the Rights of the Child

And further:

States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Article 8, Convention on the Rights of the Child.

The UN Convention says about the Right to Identity:

States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference.

Article 8(1), Convention on the Rights of the Child.

The UN Convention says about the Restoring cultural normalcy:

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.

ADVISER TESTIMONIAL

There was a meal of a type of 'Arabic style' rice dish that was given to all detainees (regardless of ethnic background) once each week. This was the only concession to the notion of 'culturally appropriate or valuing' food or food preparation the observer ever saw.

'Our culture is our routine of sleeping, bathing, dressing, eating and getting to work. It is our household tasks and actions we perform on the job, the way we buy goods and services, write and post a letter or in fact any task we choose to perform on a regular basis. It is also the way we greet our friends greet a stranger, our child rearing practices and the way we consider what is good or bad or that which is right or wrong.

All these and many other ways of thinking, feeling and acting are natural and right that we may wonder how else such things could be done. But millions of other people throughout the world, each one of these acts would seem incomprehensible, or even unnatural or wrong. These people would perform many, if not all, of these acts, but would perform these in a different way that, to them (as our ways are to us) seem logical, natural and right.

Culture is not only just the way we do things. It is also about our attitudes, thoughts, expectations, goals and values. It is about rules in society-the norms that inform us about what is, and what is not, acceptable in our society. We each learn these norms through individuals in our lives and structures in society that introduce us to the complex world of ideas, values, behaviours and actions.'

From training material adapted from Brown, IC (1963) Understanding other cultures, New Jersey, Englewood Cliffs, p11)

Australia's Multicultural and Access and Equity Policies are core values upon which the provision of services are planned, developed and delivered in Australia. That there is no provision of refugee workers, from relevant ethnic, cultural and linguistic backgrounds in immigration detention centres, undermines in the community the value of those core values.

History has shown that this assistance to refugees in detention centres assists them in their settlement plans directly before and upon release. When Australia's detention centres were administered directly by the federal government, rather that a private company, namely Australasian Correctional Management, access to health, emotional and educational services were more open to scrutiny by independent social and ethnic communities' audits, public accountability and the media.

6A) THE CO-OPERATIVE'S POSITION

There is no coordination across government departments to ensure an emphasis on restoring cultural normalcy to children being held in immigration detention. Australasian Correctional Management is a privately owned company whose special field of expertise are prison management, not refugee and asylum seeker services.

The federally funded social and children's services in the community sector in Australia along with each state and territory government education, health and welfare services are already well placed to provide:

Co-ordination of services which are culturally and linguistically appropriate and relevant
An independent overview of government arrangements, including goals and indicators

There are no cultural programs in detention centres. Local and ethnic communities and community organisations are not involved in the maintenance of language, religion and cultural practices in detention centres.

There are also the particular ethnic communities who are currently being affected outside the detention centres by the vilification of their ethnicity (by the vilification of the refugees and asylum seekers eg. 'illegal migrants', 'terrorist's, ' those people who use their own children to get into Australia illegally'). The impact on those communities is yet unmeasured and research is urgently needed.

The 'family unit' is completely negated in both the mandatory detention without regard for individual needs and the separation of parts of families through the assessment of claims. Evidence of this denial of parents and carer giver's rights to 'parent' their children can be characterised by these examples:

Inability to select and/or prepare their own child's food, including baby food
The inability of parents to respond to their child's request for more food or drinks (other than water) outside the designated 'meal times'
The ability of ACM guards to prevent a child from going to 'education' sessions as a punishment, against the wishes of the parents (adviser testimonial)
The lack of recognition in the 'parent as cultural teacher' in the life of the child in detention and to make their individual culture accepted/available to their children
The continued isolation, including cultural isolation of children in detention and their parents/care givers from their wider community and particularly their ethnic community

Based on our decades of experience with Multicultural policy and it's implementation in a pluralist society in Australia, we know that children and families are best supported by having services provided either by or in consultation with members of their own ethnic communities. This facilitates access and equity, edifies the child's culture and his or her and the families and ethnic community's right to maintain it and teach it to their children.

This would be common knowledge to the Minister, and therefore it is difficult to understand the motives for this denial of adequate care, especially in the case of babies and children.

The society in Australia is structured around this practice and our rights and obligations as a civil society are well regarded both here and internationally. This strategy is supported also by the federal Access and Equity policy and includes these groups in order for it to be effective.

Doctors, Health professionals
Educationists
Social/Welfare workers
Community leaders
Volunteers/others

The Co-operative endorses the Federal Multicultural and Access and Equity Policies and is directed in our work by the philosophies of both.

The Co-operative advises that where detainees are not immediately released, that calls be made to establishing Ethnic Advisory Committees in each state and territory to conduct a 'cultural and social audit' of the provision of services and practices on the ground in this mandatory incarceration detention centres immediately. Reviewing the 'Detention Centre' Standards document (DIMIA web site) could do this. These Committees will provide the guidance and transparency that DIMIA and ACM need. Committee members bring ideas, expertise and knowledge of particular service types (eg. disability etc, education). They know about previous attempts that have been made to create and increase ethnic access to particular services, what were the barriers and can support both ACM staff and the detainees.

We have been nationally and internationally recognised for our work within this framework and feel well placed to make the following recommendation to the Inquiry:

6B) RECOMMENDATIONS:

6.1 Establish several Ethnic Access Advisory Committees for each state or territory's detention centres and conduct and immediate 'Cultural and Social audit' by reviewing the provisions, service standards and ACM's adherence to the Detention Centre Standards. The Ethnic Access Advisory Committees shall apply the standards of Australia's Multicultural and Access and Equity Policies to those standards.

6.2 That children be provided with the full service of those highly developed, culturally and linguistically appropriate services that are available from within the wider Australian public, social and community sectors both while in assessment and then immediate release from detention on an ongoing basis, for as long as possible.

7 LEGAL ISSUES

The UN convention regarding the rights of children to legal representation says:

A legal representative or a guardian …should be appointed immediately to ensure that the interests of an applicant for refugee status who is a minor are fully safeguarded.

UNHCR Guidelines on Protection and Care, chapter 8

Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 37 (d) Convention on the Rights of the Child

Protecting children from NESB in Australia are:

Care and Protection Act,
Disability Discrimination Act,
Racial Vilification Act

These Acts protect the Australian people and the children in our care as a society. The Co-operative is aware that the Migration Act 1958 does not incorporate any of our discrimination; vilification, anti-racism, child protection or social justice acts either state or federal.

7A) THE CO-OPERATIVE'S POSITION

Following discussions with Public Interest Advocacy Centre staff, Multicultural Disability Advocacy Association, The Refugee Council of Australia and the Australian Section of Defence for Children International, we make the following observations.

If Australia's migration program was planned within the context of a population program, and removed from the political arena, better outcomes for both Australia and the asylum seekers and their children would be more likely.

Using the Migration Act (with legislative amendments in October 2001) to further induce the Australian public to vilify certain ethnic groups 'by default' is seriously damaging both the public image of asylum seekers and the ethnic communities to which they will likely become a member. It is abhorrent to the Co-operative and we condemn it as such, Especially in the year of an election and well into the campaign itself. Furthermore, it is extremely provocative, dangerous and destructive, seemingly beyond the Minister's understanding of the Australian people and has diminished his office.

7B) RECOMMENDATIONS:

7.1 That Australian human rights, social justice, legal centres, children's and human services, educational and charitable peak bodies demand that all state and federal discrimination, civil rights and anti vilification laws be incorporated into the Migration Act.

7.2 That the internationally recognised legal right and corresponding status of refugees and asylum seekers reaching Australia's shores (by any means possible) be reinstated as legitimate under the convention as a matter of urgency, through an 'Asylum Seekers Act' in the federal parliament.

7.3 Mount a legal challenge to repeal the seven pieces of legislation of October 2001 which included the so called 'non-migration zones, the Temporary Protection Visa holders claim to apply for permanent settlement in Australia.

7.4 That a 'whole of government approach' be applied to the discontinuation of the use of terms such as 'illegal migrant' and 'queue jumper' immediately through the Anti Vilification Act.

8. DETENTION AND THE ALTERNATIVES TO DETENTION

The UN convention says:

The Australian Immigration mandatory detention law, governing the detention of children is contravening the Untied Nations Convention on the Rights of the Child Article 37 (b). Therefore, the mandatory detention of children does not conform to the international human rights standards on children. In the view of the UNHCR on a report on the detention of asylum seekers in Europe in 1995 it said, "The detention of asylum seekers is inherently undesirable". Furthermore the report said that "freedom from arbitrary detention is a fundamental human right and the use of detention is contrary to norms and principles of international law ". (24th November 95, UNCHR)

The limits on detention of a child should be in accordance with the United Nations Convention on the Rights of the Child Article 37 (b). The Convention on the rights of the child sets the international standard which states that detention of children shall be used only as a measure of last resort and for the shortest appropriate time. Therefore, the Australian law should respect and uphold the Convention on the Rights of the Child by abolishing the law on mandatory detention with regard to the children of asylum seekers.

HREOC Background Papers, Inquiry into Children in Detention in Australia 2002

The legitimate concerns in detaining children and their families, even in the most positive of environments, which is clearly not the case in Australia, are that children continue to be further traumatised by the 'institutionalisation' of their life. What has now been revealed is that worse, children are being systematically neglected and virtually tortured by the 'lock up' attitude of the federal government, implemented by ACM. A grave concern is that refugees, especially children have already suffered in their own country and must be protected from further harassment. It is inhumane to add detention to their plight. For children their continuing detention will further hamper their cognitive, social and emotional development.

Detention can only legitimately be used in exceptional circumstances where refugees or asylum seekers have been identified as acting in a dangerous manner either following their initial claims in Australia or previously in the country of origin.

The claim that asylum seekers are 'dishonest' who have travelled on false documents or have destroyed documents in transit must be exposed to the public of Australia as a flawed perception. In the context of people who are usually escaping persecution or perceived persecution or threats of torture or death from the very authorities who would likely issue their travel and identification documents. They therefore have a very real concern of being discovered attempting to leave and therefore preventing them from saving their own lives and that of their children.

8A) THE CO-OPERATIVE'S POSITION

The Co-operative does not support the separation of children from their parents and/or care givers. The family unit must be strengthened and maintained in order for the child to learn and grow in ways that are balanced and in keeping with every childhood theory now practiced and referenced in Australia today including Department of Community Services.

DOCs and state and Territory Housing Authorities along with the Ethnic Advisory Committees for housing with considerations given to the child and his or her family's language, culture and religious needs. When children and their families are released into the community, it is the strong and vibrant ethnic communities themselves who can support the 'new arrivals' through the array of well-established settlement workers and bilingual workers and the services that sponsor them.

The Minister for DIMIA has recently stated that providing settlement services to those people who have 'flaunted our laws' and 'jumped the queue' (and therefore displacing more needy people) only services to provide the asylum seekers and is of no benefit to the Australian community.9 The Co-operative says that the Minister, with respect, is incorrect in his understanding of the social service practices that maintain the rights to cultural diversity and how the community is strengthen by them.

Conversely, the Minister's and his government's actions in denying settlement services to particular ethnic groups (the TPV holders are predominantly from a few ethnic/language groups) even by default, is damaging the:

Social justice ethic in Australia, based around the race and religious beliefs of the current trend in asylum seekers to Australia
Respect for the rule of law in Australia
Respect for government as a democratic institution
Belief in Australian as fair and just society, where those in need will get 'fair go'

The Co-operative is very concerned about the damage to particular ethnic communities. Whilst the 'Tampa' and 'Children Overboard' scandals both raged through the media, it's lack of depth of coverage (due to government imposed restrictions), something was clearly demonstrated to ethnic commentators and social service providers. And that is the effect and social consequences of vilifying of the 'boat people's ethnicity. Ethnic communities concerned, knew the ethnicity of who were on the boats!

A lack of service will contribute to the malcontent in the community that the Minister would do well to arrest by reviewing information on the history of the Multicultural policies which are available from his own portfolio's web site. The Co-operative believes that he has lost perspective in using maltreatment and deprivation of service as a deterrent to asylum seekers. It is divisive and destructive in the community. The Minister might also look at the negative impact to his own department's 'Living in Harmony' program and also the negative impact on the skilled migration program.

8B) RECOMMENDATIONS

8.1 That the 'Alternative Model' by the Refugee Council of Australia be implemented immediately as a first step in the restoration of the human rights of the asylum seekers and a return to ethical and humane treatment of some of the most vulnerable people.

8.2 That children and their parents and carers be released into the community for processing their claims for asylum. This will be with the assistance of the Department of Community Services and peak community organisations like Barnados, Centacare, St Vincent's De Paul etc. Supported will also be sought from the established ethnic and multicultural community services sector and relevant ethnic groups following the appropriate health and security checks have been undertaken.

8.3 That the tactic being implemented by DIMIA, under direction of the Minister, of treating in inhumane ways, asylum seekers and lawful refugees as a 'tool' to deter further claimants arriving on the Australian migration zones cease immediately. This includes the withholding of service both inside detention and following release under the Temporary Protection Visa as well as practices that neglect the health and welfare of children and their families claiming asylum in Australia.

9. THE LEGAL AND ADMINISTRATIVE FRAMEWORK FOR DEALING WITH CHILD ASYLUM SEEKERS

There does not appear to be a legal framework that recognises the rights of asylum seeker children who fall under Australia's jurisdiction (see point 7-legal Issues).

The Co-operative supports the submission regarding the legal issues and administrative framework submitted by National Youth and Children's Law Centre in regards the legality of mandatory detention, for such lengthy periods in detention centres in Australia. Australia is breaching its obligations in this regard.

9A) CO-OPERATIVE'S POSITION

Guardianship Of Children In Detention And After Release For Unaccompanied Minors

The Co-operative is concerned that the Federal Minister for Immigration, Multicultural, Indigenous and Multicultural Affairs is the current guardian for children in detention and even unaccompanied minors after they are released. The Minister appears to have border protection and the power that the Migration Act gives his ministry to use amendments to the Act through legislation to keep claimants out. There is a conflict of interest as the Minister as the guardian has to enforce the immigration laws which affect the status and interests of the children and their families.

9B) RECOMMENDATIONS

9.1 That care of and housing of child asylum seekers be handed directly and forthwith to the departments of community services in each state and territory.

9.2 That all state and territories' Children's Protection Acts and their accompanying state government departments apply in their totality the care and protection obligations to every child under eighteen in all detention facilities to which Australia has jurisdiction (off and on shore).

9.3 That each state Guardianship Board be appointed as the guardian of child asylum seekers immediately.

FULL LIST RECOMMENDATIONS

1.2 The policy of mandatory detention of asylum seekers and refugees in Australia should be abolished.