Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National
Inquiry into Children in Immigration Detention from
United Nations Association
of Australia, Western Australia
Terms of reference
addressed are:-
- Conditions under
which children are detained
- health, including
mental health.
- and culture.
- The adequacy and
effectiveness of the policies, agreements, rules and practices governing
children in immigration detention or child asylum seekers are difficult
to ascertain because of government secrecy regarding conditions and
policies that govern our refugee centres
- However, the arbitrary
detention of child asylum seekers violate the following commitments
Australia has made under international treaties:
- Article 9 of
the International Covenant on Civil and Political Rights and Article
37 of the Convention on the Rights of the Child prohibit arbitrary detention;
- Article 9 of
the International Covenant on Civil and Political Rights and Article
37 of the Convention on the Rights of the Child recognise a right to
take legal proceedings to challenge detention;
- Article 13 and
15 of the International Covenant on Economic, Social and Cultural Rights
and Article 28 of the Convention on the Rights of the Child recognise
children’s right to education.
- Article 22 of
the Convention on the Rights of the Child requires the state to provide
appropriate protection and humanitarian assistance to refugee and asylum
seeker’s children especially in relation to family reunion.
- It is known that
for detention centres (institutions) to function humanely and effectively-
- asylum seekers
especially children must be safeguarded from harm
- they should be
treated with respect, dignity and understanding
- asylum seekers
should be given purposeful activities
- children should
be involved in educational programs
- information should
be provided regarding the progress of individual applications for refugee
status
- asylum seekers
should be provided culturally appropriate health care including torture
and trauma counselling
- and they should
be involved with plans and preparation for their eventual release.
- Managers of centres
(Australasian Correctional Management) should meet minimum quality of
care guidelines, especially health care.
It must also be recognised
that many children in detention centres have been deeply damaged - further
trauma could be avoided, in part, by prudent selection and training of
staff and guards. It needs to be assured that only staff who have learned
to respect relevant cultures, religious traditions and are knowledgeable
of the human rights of asylum seekers and the often traumatic conditions
of countries from which the people have fled and been exposed to, will
be selected for employment.
There are also some
matters regarding health - the physical - mental and emotional well-being
of children that are of concern. And although the Commissioner’s
Inquiry may only pertain to detention centres on Australian soil - the
conditions under which children are “housed” and treated in
detention centres that are part of the “Pacific Solution”
should surely be addressed as a matter of urgency.
It is of primary
importance that the health and emotional well-being of children on Australian
soil as well as those involved in the “Pacific Solution” be
safeguarded and promoted.
**There are preventable
childhood diseases - such as measles, polio, tetanus, tuberculosis, whooping
cough and diphtheria, against which there are effective vaccines, and
diarrhoeal diseases, pneumonia and other acute respiratory infections
that can be prevented or effectively treated through relatively low cost
remedies **Ref: Convention on the Rights of the Child.
Has the Australian
government met its responsibilities regarding the above mentioned preventable
childhood diseases and infections?
And has this been
done in a culturally acceptable and informative way that refugees fully
understand and are in agreement with?
Do children who are
part of the “Pacific Solution” have the same rights as those
who are detained on Australian soil and vice versa?
**Each and every
year millions of children under five die and many more are disabled because
adequate measures are not taken to prevent or treat the afore stated physical
ailments and conditions. **Ref: Convention on the Rights of the Child.
It has been reported
that there have been at least fifteen cases of malaria amongst persons
detained as part of the “Pacific Solution” It is well known
that malaria is difficult to combat.
Therefore, has the
Australian Government taken the location of detention centres into consideration
regarding climate, general health, and preventable childhood diseases
and ailments?
Has the location
of detention centres also been taken into account regarding the emotional,
spiritual psychological and general well-being of all detainees?
ARE CHILDREN
DETAINED AS PART OF THE PACIFIC SOLUTION ASSURED THAT CLEAN DRINKING WATER
WILL BE PROVIDED AND SANITATION REQUIREMENTS WILL BE MET?
Are all matters pertaining
to children’s health and emotional well being met in a culturally
sensitive and acceptable manner?
Are detention centre
staff and guards selected for their understanding, respect and knowledge
of relevant cultures religious beliefs?
And in general are
staff employed because they demonstrate compassion and respect for the
human rights of both adults and children?
What criteria governs
the selection of staff and guards for detention centres?
Today’s children
- those who survive - will be tomorrow’s citizens of the world.
At all times their human rights should be respected and upheld.
The detention of
children violates the Convention on the Rights of the Child signed and
ratified by Australia and poses long term risks to the psychological,
social development and well-being of children, especially their ability
to settle successfully in Australia or resettle in their country of origin.
As a matter of urgency
all treaties that the Australian government has ratified should be made
mandatory. Those treaties that Australia has not yet ratified should be
strengthened - ratified - then made mandatory.
Ethel Date
Human Rights Convenor
United Nations Association of Australia (WA Division)
29th April, 2002
Last
Updated 30 June 2003.