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Submission to National Inquiry into Children in Immigration Detention from
the YWCA of Australia
About the YWCA of Australia
The YWCA of Australia is a women's membership movement, nourished by its roots in the Christian Faith and sustained by the richness of many beliefs and values. Strengthened by diversity the Association draws together members who strive to create opportunities for growth, leadership and empowerment in order to attain a common vision: peace, justice freedom and dignity for all people.
We are the world's largest women's organisation represented in more than 100 countries, with a membership of 25 million worldwide. In Australia, the YWCA is represented in over 30 locations in all States and Territories, and currently delivers services to more than a quarter of a million women, men and children each year, throughout rural, regional and metropolitan Australia. We are a responsive and vibrant movement with an expanding membership of young women leading the organisation through this millennium.
As a global organisation the YWCA is represented in countries that are both sources of refugees and recipients of refugees. In all of these countries the YWCA is involved in policy advocacy and community service delivery.
About the Australian Federation of University Women
The Australian Federation of University Women is one of seventy-one national affiliates of the International Federation of University Women. Founded in 1922, it pursues educational initiatives to advance of the status and well-being of women and girls privately and publicly, nationally and internationally, and it attempts to further peace and international co-operation through the development of understanding and friendship between women of the world irrespective of race, nationality, religion or political opinion. Membership is open to any woman residing in Australia who holds a degree from a recognised university or college worldwide.
While concerned with general issues of human rights, AFUW has a particular commitment to supporting the human rights of women and girl children, and interventions it has taken to date on immigration and refugee issues have tended to concentrate on the situation of women and children.
About the Youth Coalition of the ACT
The Youth Coalition is the peak youth affairs body in the Australian Capital Territory and responsible for representing the interests of people aged between 12 and 25 years of age, and those who work with them.
The Youth Coalition has been operating since 1996 and is an incorporated community sector organisation with a broad membership base. Policy positions are independent and not aligned with any political party or movement.
The Youth Coalition is represented on many ACT advisory structures and provides advice to the ACT Government on youth issues as well as providing information to youth services about policy and program matters.
We actively promote the well being and aspirations of young people in the ACT with particular respect to their social, political, cultural, spiritual, economic and educational development.
About the Women's Electoral Lobby
WEL is a national independent political organisation dedicated to creating a society where women's participation and potential are unrestricted, acknowledged and respected and where women and men share equally in society's responsibilities and rewards.
WEL was formed in 1972 and since then has played a recognised role in the political and social history of Australia. WEL has been at the forefront of the struggle for equal employment opportunities, access to quality childcare, sex discrimination legislation and many other issues.
Endorsement and Consultation Process
The YWCA of Australia is one of three funded national secretariats in the women's sector. As part of our role within that sector we have consulted with other women's organisations about their concerns in regards to this inquiry and circulated this document to more than 60 national women's organisations for comment and input. A number of those organisations have also chosen to endorse this document.
The circulation to national women's organisations was done via Pamela's List, an email list run by the National Women's Justice Coalition and supported by the Pamela Denoon Trust.
We have also have also circulated this document to youth organisations and disability groups for comment and endorsement.
HREOC Terms of Reference for this Inquiry
The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors.
The mandatory detention of child asylum seekers and other children arriving in Australia without visas, and alternatives to their detention.
The adequacy and effectiveness of the policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention, with particular reference to:
- the conditions under which children are detained;
- health, including mental health, development and disability;
- education;
- culture;
- guardianship issues; and
- security practices in detention.
The impact of detention on the well-being and healthy development of children, including their long-term development.
The additional measures and safeguards which may be required in detention facilities to protect the human rights and best interests of all detained children.
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.
YWCA Position
The YWCA of Australia has previously joined with many other non-government organisations to protest the treatment of children [1] in detention . [2]
In a resolution passed at the 2000 National Triennial Convention of the YWCA of Australia said we would:
Advocate for the rights of refugee women and for recognition of sexual violence as grounds for refugee status, given that women who have been raped in war are very often ostracised by their own communities.
Further our Peace Policy states that the YWCA of Australia calls for 'protection, assistance and training to refugee women and other displaced women.'
This submission is endorsed by our policy and arises from it.
Through out the policies of the YWCA of Australia there are references to young women achieving their potential and having access to the resources and supports needed to fulfil that potential. These are position that stand in opposition to the mandatory detention of children and the limited access that those children are then given to many of things that we would take for granted: education; health; participation in decision making structures etc.
The Human Rights policy of the YWCA of Australia notes our support for many UN treaties, particularly relevant to this discussion including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CROC). In particular we note rights to:
- freedom from arbitrary arrest or detention;
- the presumption of innocence;
- access to asylum;
- education;
- adequate housing;
- physical and mental health
Children in Detention
The HREOC background papers state that in November 2001 there were 582 children in detention, 53 of them unaccompanied.
Inquiries by the National Ethnic Disability Alliance with the Department indicate that approximately 4% of children have a disability. Types of disabilities represented include: cerebral palsy, hearing impairment, vision impairment, acute dwarfism, trauma, Perthes disease, cardiac, asthmatic and genetic disabilities .[3]
As at 2 February 2002 the Department reports that there are 141 female children in detention .[4]
Information available to us in preparing this submission via organisational reports both ngo and governmental and the individual reports of visitors to centres leave us with no doubt that Australian detention centres are no places to keep children.
The stories of abuse, self-harm and trauma are distressing just to read or hear, let alone to live through. Reliable witnesses tell of children turned mute because of trauma, separated from their families and abandoned by the nation they turned to for help.
The children we are discussing in these submissions are refugees here by the decisions of parents, grandparents and guardians because they believed it was the only hope for the safety of that child.
A decision that was not made by the child has now ended with them behind bars, denied education with little access to support to negotiate the complicated system of establishing their refugee status.
If Australia's children were forced to flee for their lives, wouldn't you hope that someone welcomed them at the other end? Can we do any less for those people who have entrusted their children to us?
Recommendations
General
1. That the Australian Government should amend its treatment of child asylum seekers in order to reflect its obligations under international treaties such as the Convention on the Rights of the Child and the Convention Relating to the Status of Refugees and the 1967 Protocol by ceasing its practice of mandatory detention of asylum seekers, especially children.
2. The YWCA considers that the detention of children behind razor wire in situations where they cannot access the normal activities of other children in their age group is a form of abuse. The limits of activities, the constraints on their social and emotional development, the limits on their capacity to develop a secure sense of self by learning about the diversity of daily life have the serious possibility of marking these children for life. The small group of unattached minors is particularly at risk, as they have no responsible adult to provide care, protection and support in very difficult environments. There has been a range of reports on the reported distress amongst the children most recently by the South Australian Government.
3. The YWCA is against mandatory detention. However, we recognise that its abolition is not likely, given the politics of fear. So we are proposing the following regime as an interim set of measures:
Extended stays in detention centres have detrimental impacts on the family unit and children and young people in particular [5]. We would therefore suggest that any detention for identification and health checks for children on their own be limited to seven days and for those families with children under 12 be limited to 30 days. These periods are probably sustainable without major depressive results.
We have particular concerns for the needs of adolescents and believe that these, in particular, need programs with day release into local schools or other education facilities. We propose that within 14 days, arrangements are made for the day release of children 12-18, so they can continue their education.
4. That HREOC examine the differences between the spirit of the contractual arrangements with ACM and the practical implementation of them.
Education
5. We note that present education arrangements for those over 12 are non existent or totally inadequate and consider a major form of institutional abuse and a breach of our obligations under our own laws, CROC and the Refugee Convention.
6. That access to appropriate education at all levels is provided to child and young adult asylum seekers. Assuming that education can be delivered with appropriate consideration of religion, culture, language and the special needs of these young people, preferably it should be delivered alongside the rest of the children and young people in the community.
7. There is a specific concern for the education of girl children. It may be that a girl child arrives in detention having been already discriminated against in access to education in her country of origin. In order to ease girl children into education it may be appropriate to ensure female teachers are available or single-sex classes are available.
8. All children and their parents should have immediate access to basic English lessons, geared to daily needs.
9. All children over five should have access to sporting and recreational facilities, experiences of 'normal' activities, so they can develop their physical, social and other skills.
10. There should be access to computers, particularly for the girls and assistance in learning to deal with technology. Mothers should also have access to break down gender stereotypes.
Health
11. All asylum seekers especially children should have access to levels of health care of the highest standard (CROC article 24). This health care access should include both preventative treatment and programs as well as reactive care.
12. All children should be immediately assessed by state based child health teams and reports on their physical, psychological and social needs be sought. Each child should have a case plan, making sure that they have access to any services recommended.
13. Where children are diagnosed with particular needs, and/or their parents also have needs that may affect the children and their care, a case plan needs to be formulated and implemented with the consent of the parents.
In particular this process should include recognition of the unique needs of children with disabilities and ensure that they are given support equivalent to the rest of the population.
14. Appropriate health care should acknowledge both the mental and physical needs of these children. Recognising that while they may be considered children (under 18) there maybe particular concerns around sexual abuse and violence for women and girls.
15. Traditional health practices and community healers should be acknowledged and in accordance with resolutions from the World Health Organisation traditional practices that have a particularly detrimental effect on women and children should be countered .[6]
16. Appropriate sexual and reproductive healthcare services and information must be provided in a culturally appropriate manner.
17. Further investigations should be made into reports of coerced and violent relationships between young women and men in the detention centres.
Supporting the Family/Recognising Culture
18. All families with children should have access to family oriented spaces where they can prepare their own food, and interact within the smaller group, rather than being constrained by in the institutional timetables.
19. The cultural and religious preferences of refugee families should be respected and supported in the operation of detention centres, while countering coercive practice particularly those used to oppress women.
Participation
20. In line with article 12 of CROC all children should be advised of their rights in the process of seeking asylum and involved in decisions made that affect them.
In order to ensure that children have access to adequate advice and the ability to express their opinions separate and independent legal representatives should be made available when necessary .[7]
International Obligations
The above suggestions cover some of the main areas where the Australian government is failing to meet its obligations under the Convention on the Rights of the Child. Specifically we draw the attention of the government to:
Article 12 ensuring that children's views on matters affecting them are appropriately considered;
Articles 19 & 34 protection from all forms of physical or mental violence, sexual abuse and exploitation;
Article 22 protection as an asylum seeking child;
Article 23 care of children with disabilities;
Article 24 the highest attainable standard of health ;
Article 27 a standard of living adequate for physical, mental,
spiritual, moral and social development;
Articles 28 and 29 education;
Article 37 not be detained arbitrarily and if detained, be treated with humanity and respect for their inherent dignity and in a manner which takes into account their age and for the shortest period of time possible; [8]
The actions that are being taken by asylum seekers including hunger strikes and sowing their lips together clearly indicate deep distress and demonstrate Australia's failure to protect children from mental violence and further trauma. There are reliable reports of children refusing to speak or eat in response to the trauma's inflicted upon them in detention [9]. There have historically been reports of the sexual abuse of children in detention centres [10] a clear violation of Australia's obligation to those children.
We are the only western country that places child asylum seekers in mandatory non-reviewable detention .[11]
Education
The YWCA believes that every child seeking asylum has the right to receive appropriate education (K-12, tertiary or vocational) while being assessed, in detention and after release into the community. The 1951 Refugee Convention to which Australia is a signatory states that child refugees must receive the same treatment as nationals in accessing primary education and treatment at least as favourable in accessing secondary education. There is no evidence that the Australian Government is meeting its obligation on this matter.
Reports from agencies and individuals visiting detention centres indicate that access to education within detention centres is rudimentary at best, failing to cover an appropriate range of subjects with an approved curriculum or to require attendance in the same way that Australian children are required to attend school . [12] The information available from the Department indicates that while some pre-school, primary & secondary schooling and adult education is available, the hours provided demonstrate clearly that many children in detention are not receiving schooling equivalent to children in the broader community at the range of subjects available and the number of hours accessible varies from centre to centre. The figures would also seem to indicate that not all children are participating in education. It is unclear from the information provided whether the difference in children participating in education and children in the detention centres represents children over the mandatory age of school attendance or whether it reflects the non-compulsory nature of education within the detention centres .[13]
Not only should appropriate standards of education be available to children and young people in detention. But those educational programs should be appropriate to the needs of children in terms of maintenance of religion and cultural backgrounds, and address any special needs of the children that may be associated with their need to be refugees torture, sexual exploitation or the witnessing of such.
For the Australian government to fail to address issues of access even to primary schooling and particularly to seek to redress the exclusion of women and girls from education is not acceptable to many members of the community.
We note that some mothers and their children are part of the Woomera Alternative Detention Arrangements and are living in the community a move we would support and look forward to the evaluation of the pilot. The information available indicates that these children attend school as part of the Woomera program but does not indicate if this is in local schools. However, we note that the children involved in this project are not yet allowed to attend community schools, although this is under discussion. We also note with some concern that one of the criteria for participation in the program is that one member of the family is still in the detention centre, thus breaking up the family unit .[14]
There is no indication that tertiary education is available to young people in detention.
It is also important to recognise the need for informal education for children and young people in detention particular in regards to instruction in religion and traditional practices.
It is not unreasonable for organisations such as the YWCA to expect that the Australian government will ensure access to education for all children and young people in its care. The obvious solution to access to education for children in detention is to facilitate their access and involvement in local schools. Information provided by the Department would appear to indicate that some children at the Woomera Detention Centre are attending St Michaels School, although for very limited hours . [15] A process that could be supported as part of a community release program for unaccompanied children to foster families, or families.
Health
Recognising that children as a group are particularly vulnerable to sickness and that ill health in these years can have a long-term detrimental affect on their growth and development [16] appropriately addressing their health needs must be a priority.
The health of children in detention is not only related to medical status but also includes space to play, adequate clothing and involvement in the community.
Given the number of children present in detention centres with disabilities and the range of those disabilities special attention must be given to meeting their unique needs for support. These supports should include rehabilitation and specialised education services as needed.
Food and nutrition is an important part of the health of children but not only must the food supplied by nutritional it should also be culturally appropriate and palatable to children over a range of ages.
There are a number of particular health issues impacting on young women that we would like to raise. We are concerned to hear reports of extremely limited issue of underwear to women entering immigration detention. Also concerning are reports of young women starting menstruation having to approach male guards in order to get sanitary products. [17]
Access to appropriate reproductive and sexual healthcare and information must be available to all women in immigration detention, including access to sanitary products, contraception and condoms. This is particularly important for young women starting menstruation or beginning sexual activity. This information and services would seem particularly vital in light of reports of inappropriate dealings with pregnant women and stories of violent and coerced relationships between young women and men in detention. [18]
Supporting the Family/Recognising Culture
'One of the best ways to promote the well-being of children is to support their family' says the UNHCR in its publication Refugee Children: Guidelines on Protection and Care . [19]
Supporting and maintaining the family unit is vital to preserving a child's access and knowledge of their culture and language.
In situations where repatriation is likely it is especially important to preserve a child's first language skills and their understanding of the traditions of their society.
For all of these reasons it is vital that separation of children from parents, family members or accompanying guardians is always seen as an absolute last resort and that efforts must be made to support families in detention.
Participation
Children have a right to have their own opinion and to have that opinion heard in decisions that affect them and considered in light of their age and maturity. This right is important to all children and is especially important to children who are unaccompanied minors in detention.
Children should be advised of their rights in the asylum process and provided with access to independent legal advice and representation to ensure that their wishes are heard in this process.
All people in detention including children should be included in the decision-making processes that affect their community.
1. In
using the word child in this submission we are using it as defined in
the Convention on the Rights of the Child ie all persons aged under 18
years of age.
2.
http://www.refugeecouncil.org.au/media25112000.htm 15/4/02
3. http://neda.org.au/7.html
15/4/02
4. http://www.dimia.gov.au/detention/women.htm
15/4/02
5. UNHCR, Refugee Children: Guidelines on Protection and
Care, www.unhcr.ch, 17/4/02
6. ibid
7. ibid
8. http://www.unicef.org/crc/crc.htm
15/4/02
9. http://www.chilout.org/images/JEverittDec2001.doc
15/4/02
10.
http://www.hreoc.gov.au/human_rights/asylum_seekers/curtin.html#3.4
15/4/02
11.
http://www.amnesty.org.au/airesources/docs/refugee/RefugeeActionPackMarch2002.doc
15/4/02
12. http://www.chilout.org/7e.htm
15/4/02
13. http://www.dimia.gov.au/detention/facilities.pdf
15/4/02
14. http://www.dimia.gov.au/facts/83woomera.htm
15/4/02
15. http://www.dimia.gov.au/detention/facilities.pdf
15/4/02
16. M McCain & F Mustard, reversing the Real Brain
Drain: Early Years Student Final Report, Founders Network Canada, April
1999.
17. Woomera Lawyers Groups, Personal Communication with
YWCA members.
18. id
19. UNHCR, Refugee Children: Guidelines on Protection
and Care, www.unhcr.ch, 17/4/02
