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Submission to National Inquiry into Children in Immigration Detention from

the Youth Advocacy Centre and Queensland Program of Assistance to Survivors of Torture and Trauma (QPASTT)

OVERVIEW

This submission has been produced by the Queensland Program of Assistance for Survivors of Torture and Trauma (QPASTT) and the Youth Advocacy Centre (YAC). The submission is also endorsed by a number of individuals and organisations working directly or indirectly with asylum seekers and refugees (See list on page 2). Their staff hear similar stories and reports from their clients and have come to similar or the same conclusions as those in this report.

Workshops were held with young people from Afghanistan and Iraq, and additional comments were contributed from staff members of QPASTT and participants in the Childrens Commission Forum held at Multicultural Development Association (MDA) on 5 February 2002, who have all dealt with refugees in Queensland.

Comments from the young people themselves and the workers were then assessed to ascertain whether or not current practices of mandatory detention in immigration detention centres complied with the United Nations Convention on the Rights of the Child (CROC) and the United Nations Rules for the Protection of Juveniles who are Deprived of their Liberty (UNRPJDL). As is evident from the submission body, the experiences of the young people highlight the fact that Australia is in breach of quite a few international treaty obligations through its mandatory detainment of children.

Further, this submission vividly shows that detention leads to immediate and long-term psychological hardships for children. In reality, detention adds to the very torture and trauma from which the children have fled.

Ultimately, the conclusion and recommendation of QPASTT, YAC, and the organisations endorsing this submission is that children and families should not be detained in immigrant detention centres, and those currently residing in such facilities should be released immediately.

ENDORSEMENTS

SUBMISSION PROCESS

YAC is a community legal and welfare rights centre for people under the age of seventeen. QPASTT is an organisation addressing the health and emotional needs of refugees arriving in Queensland.

Between these two organisations, there is a wide breadth of knowledge on the issues surrounding children in immigration detention centres. YAC has a strong background in advocating for the rights of children in youth justice detention centres in this state. QPASTT has constant contact with refugees who have survived torture and trauma, some of whom have been detained in immigration detention centres. The knowledge of these organisations however, comes from dealing with clients who have first-hand experiences. It was to these people with first-hand experiences that YAC and QPASTT turned to for the primary data in compiling this submission.

Two workshops were held with young people from Iraq and Afghanistan. Their comments were transcribed and have been recorded in the submission in the boxed sections. Comments that have come directly from children holding Temporary or Permanent Protection Visas to QPASTT staff members have also been added to the boxed regions. The final source of primary data was comments made by participants at the Queensland Children's Commission Forum held at the Multicultural Development Association in Brisbane on 5 February 2002, from their experiences in dealing with TPV and PPV holders. In the boxed sections, comments by different people on the same issue are separated by the symbol ###.

Once these comments were compiled, each comment was assessed with respect to its relevance to international covenants. For the purposes of this submission, the two international covenants most heavily relied upon are the United Nations Convention on the Rights of the Child (CROC) and the United Nations Rules for the Protection of Juveniles who are Deprived of their Liberty (UNRPJDL). Under each boxed section, the covenants under CROC and/or UNRPJDL that have most obviously been contravened are detailed in full. At the end of each section a note commencing "See also" lists other relevant sections that have been breached by the actions described in the boxed section.

One of the stark realities of the current system of mandatory detention of children is that hopes are shattered. One comment that highlights this inexcusable demolition of hopes for a better future follows:

"Once we arrived [in Australia], I realised that I would have preferred to stay in Afghanistan and be killed than to go to the detention centre…"

CONCLUSIONS AND RECOMMENDATIONS

People can hypothesise about what detention centres are probably like for the individuals inside, and they can compare the physical components with those of other places. But in reality, the only way to truly know what happens inside detention centres, and more importantly, how living in detention centres affects people is to ask those individuals who have lived inside. That is what we did for this submission.

In a highly developed and wealthy country like Australia, human rights minimums outlined in such documents as CROC and UNRPJDL should not only be met, but should be surpassed. However, the young people's experiences expressed in this submission show violation after violation of internationally recognised human rights minimums, and these violations are on many levels.

The implementation of mandatory detention is a major human rights breach in itself because individual circumstances are not considered, insufficient reasons for detention are provided, and people are detained for disproportionate and indefinite periods of time. CROC, UNRPJDL, the International Covenant on Social and Political Rights, and many other documents all specifically declare arbitrary detention as a violation of human rights.

In Australia's juvenile justice system, detention is to be used only as a last resort. A basis of Australia's [and most developed countries'] juvenile and adult justice systems is that all people are innocent until proven guilty. Immigrant detention policy contradicts these principles. 84% of asylum seekers are eventually determined legitimate refugees (Edmund Rice Centre). [1] Still, current policy deems all asylum seekers guilty, locks them up in near-prisons without adequate information or help, deprives them of most liberties, and then many months or sometimes years later reverses their status to innocent. Such practices would never be permitted in either the juvenile or adult justice systems, and even worse, they defy human rights and dignity.

Ultimately, this submission makes vivid that no child should be in an immigrant detention centre. Such centres undermine the rights of children, fail to meet their special needs, and cause immediate and long-term psychological hardships. Thus, no alternative exists other than all children being removed from detention centres.

…But this solution is incomplete. The reason that separate justice systems for children were developed around the world is because children were designated to have special needs and require special protection; thus, the primary principle behind separate justice systems (like Australia's) is to always act in the best interests of the child. CROC 3 (1) and 3 (2), as well as other human rights documents, outline the need to always act in the child's best interests. Most experts agree that in most cases, the best interest of the child is to remain with his/her parents; separating children from their families is extremely mentally harmful. Therefore, the conclusion of this submission is that there exists no acceptable alternative except for children and their families to be immediately removed from immigrant detention centres and for future asylum seeking children and families to be exempt from mandatory detention.

Many refugees have suggested, from experience, that prisons are better than detention centres because they are more "merciful" and the inmates know how long they will be inside; ironically, the people in prisons have been found guilty of a crime, while the people in detention centres have been found guilty of no crime. Children in detention centres are exposed to continuous occurrences of self-harm, are deprived of their developmental needs, are treated without dignity, and are forced into a state of extreme anxiety about how long they will remain in the centre and whether they will be sent back to the country that they fled. Refugees are individuals who have experienced atrocities that most Australians could never even dream about; they have already suffered more than any human should ever suffer. Yet, instead of helping those most in need of help, Australia's mandatory detention policy exacerbates the trauma the victims have already experienced and obstructs their chances of attaining their potential. Australia has no excuse for defying so many international human rights laws.

In response to a question asking for one word to describe the detention centre, one young person said, "prison" and another said "a grave." These responses speak for themselves.

In summary, this submission supports the following recommendations:

1. No children or families should be detained in immigration detention centres, and those currently residing in such facilities should be released immediately.

2. The Australian Government should develop and resource an integrated and comprehensive community placement program for asylum seekers.

DETAILED RESPONSE TO TERMS OF REFERNCE

TERM OF REFERENCE 3

A. The conditions under which children are detained

1. Closed versus Open Camp and Contact with the Outside World

(A.1.1)
There are two types of camp - I spent one month in the closed camp and one month in the open camp ### Closed camp was first and was very restrictive - even talking to people outside the camp was restricted - the case officer was the only person I was allowed to talk to ### In the closed camp, we could play outside for between 15 and 20 min, then we had to go back inside.

Relevant clauses are:
CROC 37(d)
 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.

UNRPJDL J (59)
 Every means should be provided to ensure that juveniles have adequate communication with the outside world, which is an integral part of the right to a fair and humane treatment and is essential to the preparation of juveniles for their return to society. Juveniles should be allowed to communicate with their families, friends, and other persons or representatives of reputable outside organisations...

UNRPJDL J (61)
Every juvenile should have the right to communicate in writing or by telephone at least twice a week with the person of his or her choice, unless legally restricted, and should be assisted as necessary in order effectively to enjoy this right. Every juvenile should have the right to receive correspondence."
See also: CROC 27(1), CROC 37(c)

(A.1.2)
I saw people being separated by the guards from the general detainee population. I saw a family being isolated from everyone else as well.

Relevant clauses are:
 CROC 27 (1)
 Parties recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.
See also UNRPJDL D (32)

 

(A.1.3)
It seemed that there was lots of equipment available, but we weren't allowed to use any of it. For example, we couldn't watch the movies that were at the school, or even play cards. Often the equipment such as basketballs were given to adults to use and children didn't have the opportunity to use them at all.

Relevant clauses are:
 CROC 31(1)
 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.

CROC 31(2)
 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.

UNRPJDL F (47)
 Every juvenile should have the right to a suitable amount of time for daily free exercise in the open air whenever weather permits, during which time appropriate recreational and physical training should normally be provided. Adequate space, installations and equipment should be provided for these activities. Every juvenile should have additional time for daily leisure activities, part of which should be devoted, if the juvenile wishes, to arts and crafts skill development.

2. Essentials of living
 (A.2.1)

For a long time after I arrived at the centre, no clothes were given to us and I used the same one pair of underwear for eight months, and then the UN people were coming to do an inspection and we received underwear, clothes, shoes and socks before they arrived ### We were given the same material to use as shampoo and washing detergent, and after a while, we refused to wash our hair with it ###. No clothes were given to us.

Relevant clauses are:
 CROC 3(3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.

UNRPJDL D (36)
…Detention facilities should ensure that each juvenile has personal clothing suitable for the climate and adequate to ensure good health and which should in no manner be degrading or humiliating...
See also CROC 19(1), UNRPJDL D (34)

(A.2.2)
The food at the camp was always rice - after I got out I hated to touch rice ### Food was very YUK - it was always rice, salad, and fish.

Relevant clauses are:
 CROC 24(2)
 Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures to combat disease and malnutrition...through the provision of adequate nutritious foods...

(A.2.3)

For 150 - 200 people, there were 2 toilets - there was usually a 20 minute wait for showering, using the toilets and for washing clothes.

Relevant clauses are:
UNRPJDL D (34)
 Sanitary installations should be so located and of a sufficient standard to enable every juvenile to comply, as required, with their physical needs in privacy and in a clean and decent manner.

See also CROC 3(3)
(A. 2.4)
If there was an argument or conflict between two communities in the camp, the staff would refuse to give essentials such as washing powder, soap and use of facilities.

Relevant clauses are:
 UNRPJDL L (67)
 All disciplinary measures constituting cruel, inhuman or degrading treatment should be strictly prohibited, including...any other punishment that may compromise the physical or mental health of the juvenile concerned.

(A.2.5)
When visitors were due to come to the camp the staff put out big pot plants and flowers, but these were taken away again once they left.

Relevant clauses are:
CROC 3(3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.
See also CROC 3(1)

3. Privacy/Space

(A. 3.1)

There was not any privacy whatsoever - when there are up to 700 people living in such a small area, you cannot expect privacy.

Relevant clauses are:
 CROC 16(1)
 No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour or reputation.

(A.3.2)
There are usually 8 or 9, but sometimes up to 15 people living in a room, and many of them spend a large part of the day inside the room, and as a result, fights about small matters come about. This is as a result of living so closely together.

Relevant clauses are:
 UNRPJDL D (33)
 Sleeping accommodation should normally consist of small group dormitories or individual bedrooms...
See also CROC 16(1), CROC 27(1)

(A.3.3)
Each room seemed to be designed to have two people in it, but they usually had four people, or a whole family in them.

Relevant clauses are:
CROC 3(3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.
See also CROC 16(1)

(A.3.4)
When I first arrived on Christmas Island, I had clothes and food from Indonesia and these were confiscated. We were told that everything would be provided at the centre and we wouldn't require any of our own materials. ### I had my own clothes - they put it all in a bin and I didn't know why they took everything and threw it away. I kept some cassette tapes in a pillowcase so they didn't take them.

Relevant clauses are:
CROC 8(1)
 Parties undertake to respect the right of the child to preserve his or her identity, including nationality...

UNRPJDL D (35)
 The possession of personal effects is a basic element of the right to privacy and essential to the psychological well being of a juvenile. The right of every juvenile to possess personal effects and to have adequate storage facilities for them should be fully recognised and respected.

UNRPJDL D (36)
 To the extent possible, juveniles should have the right to use their own clothing...
See also CROC 37©

4. Discrimination at camp
 (A. 4.1)

There was discrimination in the camp between Iraqi and Iranian detainees on the one hand and Afghan refugees on the other - if there were supplies etc, the Iraqis and Iranians received them first.

Relevant clauses are:
CROC 2(2)
 Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.
See also CROC 2(1)

5. Economic exploitation at camp
 (A. 5.1)

There were also other things that stood out for me - such as there being a shop but the prices being crazy - for example a t-shirt that I could buy here for $5 would be $25 from that shop.

Relevant clauses are:
CROC 32(1)
 Parties recognise the right of the child to be protected from economic exploitation...

 

(A.5.2)
Another example is that an adult I knew worked full-time in the kitchen in the camp - outside I think he would earn $500 per week, but in the camp he got only $25 per week.

Relevant clauses are:
CROC 32(1)
 Parties recognise the right of the child to be protected from economic exploitation...
See also UNRPJDL E (46)

(A.5.3)
Most people in the camp have no money whatsoever. Many people apply for the jobs in the camp, and there is always a wait when people are trying to get a job.

Relevant clauses are:
CROC 27(1)
 Parties recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

6. The detention/application process

(A.6.1)
I had spent 2 days on Christmas Island when a person came and said that at 6 o'clock the next morning some of us would leave, and then the rest would go in the afternoon. When we asked where we were going and why, we were not told and it was explained that it was a DIMA decision and that the guards could not say anything about it.

Relevant clauses are:
UNRPJDL B (26)
The transport of juveniles should be carried out...in conditions that should in no way subject them to hardship or indignity...

UNRPJDL M (76)
Every juvenile should have the right to make a request or complaint, without censorship as to substance, to the central administration, the judicial authority or other proper authorities through approved channels, and to be informed of the response without delay.
See also CROC 37(c), CROC 37(d)

(A.6.2)
When we arrived we were told that if we told a lie about our case we would be sent to prison for ten years.

Relevant clauses are:
CROC 19(1)
 Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence...while in the care of parent (s), legal guardian (s) or any other person who has the care of the child.

(A.6.3)
Most people come from small villages in Afghanistan - they are not ready for the interviews when they first arrive - they are almost dizzy, and still can't walk properly on the land because they had been on a small boat for anywhere between 10 and 30 days ### Then the people try so hard to prepare for the interviews - I think that they should be allowed a time at least to ready themselves, and should be given an information session about what the interviews mean and why they are done etc.

Relevant clauses are:
UNRPJDL B (24)
On admission, all juveniles shall be given a copy of the rules governing the detention facility and a written description of their rights and obligations in a language they can understand, together with the address of the authorities competent to receive complaints, as well as the address of public or private agencies and organisations which provide legal assistance. For those juveniles who are illiterate or who cannot understand the language in the written form, the information should be conveyed in a manner enabling full comprehension.

UNRPJDL B (25)
 All juveniles should be helped to understand the regulations governing the internal organisation of the facility, the goals and methodology of the care provided, the disciplinary requirements and procedures, other authorised methods of seeking information and of making complaints, and all such other matters as are necessary to enable them to understand fully their rights and obligations during detention.

(A.6.4)
It is so frightening in the interviews, and people are unable to express themselves properly - it is so complicated and alien to them that they cannot cope.

Relevant clauses are:
CROC 37 (c)
 Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age...

CROC 39
 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.
See also CROC 3(3), UNRPJDL 2

(A.6.5)
I kept requesting to meet with someone from DIMA but this did not ever happen after my initial interviews... Everyone in the camp wanted an early answer, but then if a rejection comes, we can't find out why and are not given reasons.

Relevant clauses are:
UNRPJDL 1
 Affirms that the placement of a juvenile in an institution should always be a disposition of last resort and for the minimum necessary period.

UNRPJDL M (75)
 Every juvenile should have the opportunity of making requests or complaints to the director of the detention facility and to his or her authorised representative.

UNRPJDL M (76)
 Every juvenile should have the right to make a request or complaint, without censorship as to substance, to the central administration, the judicial authority or other proper authorities through approved channels, and to be informed of the response without delay.
See also CROC 19(1), CROC 27(1), croc 37(b)

(A.6.6)
There was nowhere to officially complain about what was happening to you in terms of your future etc, but about the food and day to day complaints there was a box that you could place complaints in.

Relevant clauses are:
UNRPJDL M (75)
 Every juvenile should have the opportunity of making requests or complaints to the director of the detention facility and to his or her authorised representative.
See also CROC 12(1), croc 37(d)

(A.6.7)
I know people who have been there in a detention centre for 2 years. ### I was in a detention centre for 6 months. When my visa application was rejected after an entry interview, I was put in isolation. I felt like I was treated like an animal, and I saw many people harming themselves as a result of the circumstances.

 

Relevant clauses are:
CROC 37(b)
 No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
See also UNRPJDL 1

7. Language difficulties/Discrimination in application process/Arbitrary Detention/Access to assistance

(A.7.1)

Sometimes, case officers would receive letters asking for information, such as "is this person really from Afghanistan?" These letters would be given to us, but they were all written in English so we couldn't understand the letters, let alone be able to answer them. Then we would be in trouble for not providing a further explanation to DIMA. We were told that it was our fault if we couldn't understand the questions in the letters. We were told that we needed to find someone ourselves who could speak English and reply that way. If we couldn't it was viewed by DIMA as our own problem, but sometimes in the camp there wouldn't be anyone we could ask to help. ### In relation to the interpreting, there were communication problems. For example, the Hazara ethnic group speak a dialect of Dari with some differences to Dari. Some of those people hadn't even been to Kabul before and spoke only their own dialect. So some of their words were not translated correctly, and so the officials think that they might be Pakistani etc. ### The differences in language between Dari and Iranian Farsi caused the most problems. ### I have a friend who received a rejection and he found out afterwards that there was a 28 day appeal period - these rights were not explained to him at the time by anyone, so he did not know what he had to do after the initial rejection.

Relevant clauses are:
CROC 2 (1)
 Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth, or other status.

UNRPJDL M(78)
 Every juvenile should have the right to request assistance from family members, legal counsellors, humanitarian groups or others where possible, in order to make a complaint. Illiterate juveniles should be provided with assistance should they need to use the services of public or private agencies and organisations which provide legal counsel or which are competent to receive complaints.
See also CROC 2(2), CROC 37 (d)


(A.7.2)
In the beginning, there were three interviews with interpreters, and we were told that the result of our applications would come one month after the interviews were finished. Sometimes people would not have any response at all for months and months. Sometimes DIMA would ask for clarification such as an explanation as to why a certain Pakistani word was used by the detainee in an interview... I know of a person whose application was rejected after 8 months in a camp. He used one word that was not commonly used in Dari (it is more commonly used by Iranians), and that was the main reason for the rejection. Also, Kabul was listed in his passport, but he said that he lived in a small village in the interview. Problems like that caused visas to be rejected.

Relevant clauses are:
CROC 37(b)
 No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time…
See also UNRPJDL 1, CROC 37(d)

(A.7.3)
In my dealings with DIMA I did not trust them at all - the number of visas that were issued in the beginning was quite high, then it became more difficult to obtain a visa. Then occasionally if objections were made, some people would be released. It felt like a lottery and I couldn't see the method in the decisions.

Relevant clauses are:
CROC 37 (b)
 No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time
See also UNRPJDL 1, International Covenant on Civil and Political Rights Art 9

(A.7.4)
I have another friend who found out what to do and he is doing an appeal - he doesn't have a lawyer though and so has to do it himself and he is only 14 years old.

Relevant clauses are:
CROC 37(d)
 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.

UNRPJDL M(78)
 Every juvenile should have the right to request assistance from family members, legal counsellors, humanitarian groups or others where possible, in order to make a complaint. Illiterate juveniles should be provided with assistance should they need to use the services of public or private agencies and organisations which provide legal counsel or which are competent to receive complaints.
See also UNRPJDL B (24)

TERM OF REFERENCE 3

B. Health, including mental health, development and disability
1. Medical Services at camp
 (B.1.1)

The medical assistance is totally different in the camp to what it is outside.

A QPASTT worker describes what young people have expressed to them:

Relevant clauses are:
CROC 2(1)
 Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth, or other status.

CROC 39:
 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.
See also CROC 2(2), CROC 3(1), (2) and (3), CROC 6(2), CROC 24(1), CROC 27(1), CROC 37(c)

 

 

(B.1.2)
One example is that I had a friend who was 16 years old. He was not feeling well and said that he had a pain in his body. He went to the medical centre and asked for some medicine and they told him to go away and drink some water. They refused to do anything more than that for him. He was so nervous and mad with the situation that he beat himself. [He was then put in prison by himself for one week - there were about four people in the prison at that time but they were each kept separately in separate cells].... That friend in fact had a broken leg - he had had stitches in Afghanistan, and then when he was in the detention centre he had received painkillers sometimes, but on that day he was not allowed any.

Relevant clauses are:
CROC 24(1)
 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 to access to such health care services.

CROC 39
 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.

UNRPJDL 2
 Recognises that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and their rights and wellbeing should be guaranteed during and after the period when they are deprived of their liberty.

UNRPJDL H (51)
 The medical services provided to juveniles should seek to detect and should treat any physical or mental illness.... Every detention facility for juveniles should have immediate access to adequate medical facilities and equipment appropriate to the number and requirements of its residents and staff trained in preventive health care and the handling of medical emergencies. Every juvenile who is ill, who complains of illness or who demonstrates symptoms of physical or mental difficulties, should be examined promptly by a medical officer.
See also CROC 3(1), CROC 19(1), CROC 27(1), CROC 37(c), CROC 2(2)

 

 

 

 

 

 

2. Mental distress at camp
 (B.2.1)

The most difficult thing was not knowing anything about the future. I came with 90 people. Only 4 of those were rejected and 85 were released. I was the only one who did not have an answer and did not know what would happen to me. Then 6 boats arrived and some more people came into the camp and then were released. Still, I did not know what was going to happen with my application, and spent 10 months waiting. I did not have any idea how long I might be in the camp. ### My first interview was in the closed camp and then once I was in the open camp for about five weeks, we were told that we could not ask how long we would be there. Then after the five weeks, we were told that we would be released "at some time." ### When I first came to the camp I thought that it looked OK but after about 10 days, without knowing the future, it changed the whole look. ###. Most of the time people just sit outside the DIMA office and wait for an answer. ### 2 months seemed to take a long time - DIMA didn't tell us how long we would be in there. ###. We were told one morning that we were leaving that day, but before that we hadn't known how long we would be there.### One four years old child used a piece of a cardboard paper and with the help of her parents to slide her on the other side of the fence to meet with other children

Relevant clauses are:
CROC 3(1)
 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.

CROC 22(2)
 …In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.

CROC 20(1)
 A child temporarily or permanently deprived of his or her family environment or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
See also CROC 13(1) and (2), CROC 19(1), Croc 20(2) and (3), CROC 37 (b)

(B.2.2)

During my time in the camp I felt nervous and agitated and suffered from insomnia. ### Most of the small children lost their appetites, were cranky and cried a lot because of the situation they were in.

 

Relevant clauses are:
CROC 24(1)
 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 to access to such health care services.

CROC 39
 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.
See also CROC 6(2), CROC 19(1), UNRPJDL 2

(B.2.3)
When there was a release of a group of people, families and others would gather around - everyone was glad to see that someone was leaving but we would never know who it would be next and people feel disappointed... Even children would be shouting "freedom" when someone was able to leave the centre.

Relevant clauses are:
CROC 3(1)
 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.
See also CROC 37 (b) and (c), CROC 39

(B.2.4)
One person, after being in the camp for one year was so upset that he climbed a tree with a rope and said that he was going to commit suicide. The guards tried to help him and said that he would get a visa if he didn't kill himself. I thought it was good that they tried very hard to save his life.

Relevant clauses are:
UNRPJDL
 Recognises that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and their rights and wellbeing should be guaranteed during and after the period when they are deprived of their liberty.
See also CROC 6(1) and (2)

 

A counsellor from QPASTT explains the implications of such mental distress: "The experience that these children have lived and confronted within the detention centre, is no doubt added another dimension to their trauma experience and therefore the reactions of post traumatic stress are likely be more complex and these children are potentially the candidates for long term treatment. In counselling sessions, these children have shown the impact of their trauma reactions have become more acute to them and their families to manage. For example, severe and concurrent nightmares; constant feeling of unsafe and uncertainty; feeling helplessness and hopelessness in knowing that their family future is unknown, profound fear for their family members and themselves if they have to return to their countries, etc."

TERM OF REFERENCE 3

C. Education
1. Educational opportunities
(C.1.1)
For education, there is one hour per day to teach English, but it seems that they are not really serious about teaching people English, because of the way they teach. People want and need to start at the basics such as the alphabet, but this was not done. Often the classes would be given sheets of paper with words on them that we could not understand. People very quickly lost interest. It seemed that the classes were just put in place to pass the time. ### The teacher only taught ABC's, so once you passed that level they didn't teach you anything more difficult.

Relevant clauses are:
CROC 28(1)
 Parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need…

CROC 29 (1)
 Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) 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.

(c) 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.

See also CROC 6(2), UNRPJDL E(38)

(C.1.2)

There were 3 classes while I was in the camp, but in those classes, more than half the people had to stand up because there was not enough furniture. This was another factor in people dropping out. ### I did not have any schooling while in detention - there was not any school there.

Relevant clauses are:
CROC 3 (3)
Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.
See also CROC 6(2), CROC 27(1), CROC 28(1)

(C.1.3)
In the camp the younger children have their courses in the morning. Even though I was 16yo I wanted to do my schooling in the morning as well because I found it easier to learn when I was fresh and awake. However I was told that I had to go in the afternoon and there wasn't any room for change.

Relevant clauses are:
CROC 3 (1)
 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.
See also CROC 6(2), CROC 12(1), CROC 29, UNRPJDL E(38)

(C.1.4)
The teacher was very rude and she wouldn't let us use the computer even though it was supposed to be for our use.

Relevant clauses are:
CROC 3(3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.

CROC 28 (1)
 Parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity...
See also CROC 6(2), CROC 29(1), UNRPJDL E(38)

TERM OF REFERENCE 3

D. Culture and religion
1. Cultural and religious issues
 (D.1.1)
As far as culture and religion went, we were allowed to fast when required, but there was not enough space for praying. Even if we had tried to do it in our rooms we couldn't do it because we were not allowed to move the beds etc. ###. We were told that instead of having praying space the detention centre could have 2 more beds in each room.

Relevant clauses are:
CROC 8(1)
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.

CROC 14 (1)
 Parties shall respect the right of the child to freedom of thought,
conscience, and religion.

CROC 30
 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 practise his or her own religion, or to use his or her own language

UNRPJDL G (48)
 Every juvenile should be allowed to satisfy the needs of his or her religious and spiritual life, in particular by attending the services or meetings provided in the detention facility or by conducting his or her own services and having possession of the necessary books or items of religious observance and instruction of his or her denomination.
See also CROC 27(1), CROC 29(1), CROC 39

TERM OF REFERENCE 3

E. Guardianship issues
1. Unaccompanied minors

(E.1.1)

The first day I was in the camp, we were told that minors were to be helped more than anyone else, then families were to be looked after, and then adults. In practice I found that we (the unaccompanied minors) were not treated any differently to anyone else.

Relevant clauses are:
 CROC 20 (1)
A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

CROC 20 (2)
 Parties shall in accordance with their national laws ensure alternative care for such a child.

CROC 20 (3)
Such care could include, inter-alia, foster placement, kafalah of Islamic law, adoption, or if necessary, placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.

UNRPJDL 2
 Recognises that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and their rights and wellbeing should be guaranteed during and after the period when they are deprived of their liberty.

(E.1.2)
I have a 16 year old friend who has been in a camp for 18 months - I am in contact with him and he said that he cries every day.

Relevant clauses are:
 CROC 39
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.

UNRPJDL 2
 Recognises that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and their rights and wellbeing should be guaranteed during and after the period when they are deprived of their liberty.
See also CROC 19(1), CROC 24(1), UNRPJDL 1, CROC 37(b), UNRPJDL H (52)

TERM OF REFERENCE 3

F. Security practices in detention
 1. The guards/discipline/freedom of expression
(F.1.1)

The people in the camps are referred to by numbers and names are not used by staff.

Relevant clauses are:
 CROC 8 (1)
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.

UNRPJDL V (87)
 In the performance of their duties, personnel of detention facilities should respect and protect the human dignity and fundamental human rights of all juveniles, in particular, as follows:

(f) All personnel should seek to minimise any differences between life inside and outside the detention facility which tend to lessen due respect for the dignity of juveniles as human beings.
See also CROC 37(c), CROC 39

(F.1.2)
Once when we were outside some tourists noticed that we were guarded and asked why - the guards replied that we might escape or do something wrong. One of the tourists was so upset by this response that she was crying. The guard told her not to worry because she didn't know us and that we were not good people and that was why they were stuck with us.

Relevant clauses are:
 CROC 37 (c)
 Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age...

UNRPJDL V (87)
 In the performance of their duties, personnel of detention facilities should respect and protect the human dignity and fundamental human rights of all juveniles, in particular, as follows:

d) All personnel should ensure the full protection of the physical and mental health of juveniles, including protection from physical, sexual and emotional abuse and exploitation...

e) All personnel should seek to minimise any differences between life inside and outside the detention facility which tend to lessen due respect for the dignity of juveniles as human beings.
See also CROC 2(1) and (2), CROC 3(3), CROC 19(1), CROC 27(1), CROC 29(d), CROC 39

(F.1.3)
The first thing I remember from the centre was the attitude of the officers, and the way they related to the detainees. .The attitude of the guards made everything so difficult. Even if you are looking for a pair of scissors to cut your hair, or a razor, you have to see so many officials/people. You would be passed along from one to another because it seemed that no-one wanted to do anything for us. ### I didn't have much to do with guards but they were not helpful in giving you things that you requested.

Relevant clauses are:
 CROC 3 (3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.
See also CROC 27(1), CROC 37 (c), CROC 39, UNRPJDL V (87)

(F.1.4)
Another example of the attitude of the guards was when my group of seven people who had been in the camp for seven months, staying in one room were told we had to stay somewhere else. The group wanted to stay together but were told that they were to immediately vacate the room they had been in. Members of the group said that they would do it after breakfast, but when we returned from breakfast everything had been thrown outside the room, including copies of the Koran and other personal effects. When asked why this had happened, the guard beat the boy with the broken leg... In more detail, there were 2 guards throwing material out of the room and he was trying to find out what was happening, he was grabbed by the throat to restrain him. He was then thrown onto the ground. The beating of the boy with the broken leg was investigated, but it was found that it was his fault that the incident occurred.

 

Relevant clauses are:
 CROC 3 (3)
 Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.

CROC 15 (2)
 No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security of public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
See also CROC 13(1) and (2), CROC 14(1), CROC 15(1), CROC 16(1), CROC 19(1), UNRPJDL V (87)

TERM OF REFERENCE 3

G. Play and Recreation
1. Recreational opportunities
 (G.1.1)
I know of some families who were inside the camp for 9 or 10 months without going outside at all; they did not have any relaxation or time outside at all ### I have one 15yo friend who did not go outside the whole time he was there ### Generally, there was not time for exercises except for meal times, there are not really many organised activities ### Not enough toys ### Small place for children to play ### no TV ### Weren't allowed to listen to radio

Relevant clauses are:
 CROC 17 (1)
 "States Parties recognise the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health"

CROC 31 (1)
 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.

UNRPJDL F (47)
Every juvenile should have the right to a suitable amount of time for daily free exercise in the open air whenever weather permits, during which time appropriate recreational and physical training should normally be provided. Adequate space, installations and equipment should be provided for these activities. Every juvenile should have additional time for daily leisure activities, part of which should be devoted, if the juvenile wishes, to arts and crafts skill development...
See also CROC 3 (3), CROC 6 (2), CROC 27 (1), UNRPJDLJ (62)

(G.1.2)

It all seems to be very selective - only a few people are chosen to do things and if you ask why you weren't chosen, your report for the week says that your behaviour was bad.

Relevant clauses are:
 CROC 31 (1)
 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.
See also CROC 31(2), CROC 13(1) and (2)

TERM OF REFERENCE 4

A. The impact of detention on the well-being and healthy development of children, including their long-term development.

1. Leaving camp
 (A. 1.1)

I was told one afternoon that I had a visa, that I would be going to Brisbane and that I didn't have any choice about where I was going. I had 12 hours notice that I was leaving, but I know of people who have had only one hour's notice.

Relevant clauses are:
 UNRPJDL 2
 Recognises that, because of their high vulnerability, juveniles deprived of their liberty require special attention and protection and their rights and well-being should be guaranteed during and after the period when they are deprived of their liberty.
See also UNRPJDL 1, CROC 37(b), (c) and (d), CROC 39

2. Long-term psychological effects
 (A. 2.1)

Even though I was only in the camp for two months, I have a strange feeling whenever Western Australia is mentioned - I can't explain it but I don't even like it when WA or Curtin are spoken about or if I read about them in the newspaper in relation to things other than my experiences. I don't like to talk about my time there.

 

Relevant clauses are:
 CROC 39
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.
See also CROC 19(1), CROC 24(1), UNRPJDL 2

(A.2.2)
The mental distress children encounter in detention just doesn't disappear. Two children recollect their experiences:

An officer brought her daughter. Her parents told her not to speak with us. They said that we are wild people. We wanted to wave to her but she didn't, because she was scared if we were wild people. Why is that? She's a human and we are human too.

Every day the officers told us that the Australian people don't want you here. They hate you. You should go home

Children in detention are exposed to innumerable of such experiences that threaten their long-term self-esteem and sense of belonging and security, which are essential to their healthy development.

A QPASTT worker emphasises that children in detention centres are forced to re-encounter previous detriments from home:

Some long-term impacts on children include:

Recovery from torture and trauma requires an opportunity to develop a sense of belonging and connection with what may become their new community and which supports recovery. Instead, children's experiences in detention are more similar to the true story of a six year old boy who became friends with another child in the detention centre; he began to find that sense of belonging and connection with him.., But when the other boy's family was released, the six year old child became very distressed and cried for many days. When it was explained that his family could not leave the centre he became shocked and scared.

In detention, children and young people are subject to a threatening environment and by behaviours of personnel who are trained to manage prisons not trained in youth work or the psychology of supporting survivors of trauma. Such circumstances and experiences greatly hurt children psychologically:

I felt as if I was not in control of my future. This reinforced the fears I had through the torture that occurred before I arrived in Australia.

A QPASTT worker describes a fourteen year-old who spent six month in detention as now showing signs of dissociation and numbness; his experience in detention compounded with the torture he was victim to, leaving him without mastery over his future. This is a common problem children experience after spending time in detention.

A feeling of darkness came on me in the detention centre, and all my hope disappeared. My world has been dark ever since.

I felt constantly afraid of people killing themselves while we were in the detention centre.

A QPASTT worker relates that another concern for the well-being and development of children is the way that the Temporary Protection Visa leaves their future in limbo. This has major impacts for recovery and reconnection with a new community and can impact on individuals sense of self, future and hope. One 14 year old from Afghanistan told her:

"It's like the Australian government is playing with us. They give us a visa but I don't know what is going to happen in the future. When the teacher asks me what subjects I want to do next year I can't even answer that. I can't think about the future because everything is unsure".

TERM OF REFERENCE 6

A. The additional measures and safeguards which may be required to protect the human rights and best interests of child asylum seekers and refugees residing in the community after a period of detention.

1. Residing in the community after a period of detention

(A.1.1)
For one month after leaving the camp I kept asking myself if I was permitted to do what I was doing, or if I needed to ask for permission.

Relevant clauses are:
 CROC 39
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.
See also CROC 37(b), UNRPJDL 1, UNRPJDL 2

(A.1.2)
The Department of Families tells me to forget what happened in the camp, but I feel that they are exactly the same as the officials in the camp - responsibility for us is passed from one person to the next and no-one seems to want to make a decision about anything.

Relevant clauses are:
 CROC 39
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.

UNRPJDL N (80)
 Competent authorities should provide or ensure services to assist juveniles in re-establishing themselves in society and to lessen prejudice against such juveniles. These services should ensure, to the extent possible, that the juvenile is provided with suitable residence, employment, clothing, and sufficient means to maintain himself or herself upon release in order to facilitate successful reintegration. The representative of agencies providing such services should be consulted and should have access to juvenile while detained, with a view to assisting them in their return to the community.See also UNRPJDL 2

2. At home/fear because only have TPV
 (A. 2.1)

Everything is so unpredictable back in Afghanistan - I don't know if I would go back there now. I think that I wouldn't go back yet even though I miss my family. This is because everyone from the age of 8 to 70 is armed - the language is of arms and ammunition and there is not any security. There has been war for the last 21 years and there are so many landmines. Even if a decision for peace was made now in Afghanistan, it could still take another 100 years to happen.

Relevant clauses are:
 CROC 39 (4)
In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

UN Declaration of Human Rights - Art 14:
"Everyone has the right to seek and to enjoy in other countries asylum from persecution" - Thus, asylum seekers are not illegal by International Law that Australia ratified.

1951 Convention relating to the status of Refugees, Art. 31:

1) States shouldn't impose penalties on unlawful entrants if freedom or life was threatened in the own country, as long as they "present themselves without delay to authorities and show good cause for their illegal entry or presence"

2) States shouldn't restrict the movement of these asylum seekers unless necessary

Migration Act (1958): 36.3:
Australia has no obligation for protection if people did not take steps for rights to enter and reside in Australia BUT 36.4 and 36.5 say respectively that in cases where people have legitimate fear of persecution or legitimate fear of being forced to another country where they will be at risk for persecution, 36.3 does not apply.

INFORMATION FROM QUEENSLAND CHILDRENS COMMISSION FORUM HELD AT THE MULTICULTURAL DEVELOPMENT ASSOCIATION PREMISES.

1. There is limited parental participation in children's activities due to parents feeling disempowered because of lack of language skills, money, access to transport etc.

2. Refugee children have to travel long distances to receive specialist support and intensive language classes as provided by Milperra.

3. Refugee children experience significant racism within the school environment. This can result in further stress and an exacerbation of separation anxiety.

4. There is a lack of support and information for parents in relation to parenting between two cultures.

5. Children take on the role of the parents on many occasions - interpreting and other adult tasks such as budgeting.

6. There is a lack of coordinated settlement services to allow integration into the community.

7. Unaccompanied minors are often required to live in unsupervised and unsupported accommodation.

8. TPV holders are living in a state of limbo - this involves destruction of self-image and results in complete uncertainty about the future.

1. As the vast majority of asylum seekers will become refugees, it is essential to also recognize that both national (Migration Act) and international (UN Declaration of Human Rights and 1951 Convention relating to the status of Refugees) laws clearly state that asylum seekers are legal and should not be penalised in any way; the International Covenant on Civil and Political Rights (Art 12) further states: "Anyone lawfully in the State should have liberty of movement." Therefore, Australia's current policy is to detain, and in turn, punish innocent people. And we must remember that children, who did not make the arrangements or decision to enter Australia and are minors, are clearly victims that need protection and not punishment.

Last Updated 9 January 2003.