Discussion Paper: African Australians: A report on human rights and social inclusion issues (2009)

• back to African Australians project

African Australians: A report on human rights and social inclusion issues

Discussion paper

Australian Human Rights Commission

March 2009

ISBN 978-1-921449-11-6

• Download PDF
• Download Word

 

---

Contents

• Introduction
• Background
• Aim of the project
• Focus of the project
• 1. Employment and training
• 2. Education
• 3. Health
• 4. Housing
• 5. Justice
• Anything else?
• Project methodology
• Outcomes of the project
• Appendix 1 – Arrivals to Australia
• Appendix 2 – Some information about human rights
• Submissions
• Confidentiality
• Find out more
• Acknowledgements

 

---

Foreword

The Australia of 2009 is a proud multicultural nation. It is a nation,
culturally, socially and economically formed by the unique combination of its
First Nation peoples, its early settlers, and by the many waves of subsequent
migration. As such, negotiating diversity and respecting people of all faiths,
races, cultures and identities has evolved into an important characteristic of
being a member of Australian society.

Over the past couple of decades Australia’s breadth of cultural
diversity has widened with new and emerging communities, comprised of people who
bring additional skills, culture and talent, as did the migrants of yester-year.
Such contributions enhance the social fabric of our nation as well as increase
economic development. Many of these new and emerging communities in Australia
have come from Africa.

It is a common misconception that people from African backgrounds are one and
the same. While the strong African spirit and pride certainly unifies, people
from African backgrounds represent tremendous diversity in ethnicity, race,
language, culture and religion. After all, the African continent comprises more
than 50 countries.

The impression of homogeneity is only one of many misconceptions about
African Australians. Even though Australians pride themselves in giving everyone
‘a fair go’, it would appear that many African Australians have not
been fully given this chance. Settling into a new country is seldom easy and
there are many challenges in building a new life. Recent public debate has
voiced a number of myths and stereotypes about African Australians reinforcing
the discrimination that many may continue to experience.

However, it is facts, not myths, which tell the truth. And it is listening to
people tell their stories that enables the wider community to begin to actually
understand and relate to an experience and to humanise and personalise those who
appear to be ‘different’.

Many, but not all, African Australians underwent a refugee experience prior
to their arrival in Australia. A refugee experience often involves a denial of
some or all human rights. Newly-arrived refugees need our compassion, but
compassion alone is not enough. Those who have survived the refugee experience
are resilient. Australia needs to recognise that African Australians have much
to offer and contribute. But is this happening?

This project is a first. It is time, at the national level, to find out about
human rights and social inclusion issues for African Australians. For both new
arrivals and those who have been here for a longer period. It is also time to
suggest solutions to the issues raised, share best practice, and discover
pathways to help African Australians meet their personal potential and in so
doing, both improve their quality of life and add enormous human resources that
will help contribute to our whole nation.

The Australian Human Rights Commission and partner agencies want to hear from
African Australians. It is also important to hear from others who work with,
provide services to, or undertake research about issues for African Australians.
It is for these reasons that I launch this discussion paper.

Tom Calma

Race Discrimination Commissioner

and Aboriginal and Torres Strait Islander
Social Justice Commissioner

March 2009

---

Introduction

This Discussion paper will:

• provide background to the project African Australians: A report on human
  rights and social inclusion issues
• explain the aim and focus of the project
• provide a ‘Content for consideration’ section which expands upon
  the areas of focus for the project by specifying themes and listing questions as
  a guide for participants
• explain the project methodology and provide information on the project
  partners, governance and consultants
• outline the project outcomes
• provide additional information in two appendices
• provide information on how to make a submission to the project.
  

Background

In 2006, all Australian governments, through the Ministerial Council on
Immigration and Multicultural Affairs (MCIMA), endorsed the National Action Plan
to Build on Social Cohesion, Harmony and Security
(NAP)^[1]

The Australian Human Rights Commission is Australia’s independent
statutory human rights agency that reports to federal Parliament though the
Attorney-General. As part of the NAP, the Commission has been funded to
undertake a range of projects.

To deliver these projects, the Commission established the Community
Partnerships for Human Rights (CPHR)
program^[2]. The overall goal of the
CPHR program is to increase social inclusion and counteract discriminatory views
and intolerance of Muslim Australian communities.

African Australians: A report on human rights and social inclusion
issues is one of the CPHR partnership projects. This project acknowledges
that people from African backgrounds coming to Australia are highly diverse.
Refer to Appendix 1 (page 29) for information about the ways in which people
arrive in Australia and Australia’s obligations to refugees.

Aim of the
project

The aim of the project, African Australians: A report on human rights and
social inclusion issues is two-fold:

• to explore the issues relating to the settlement of African Australians into
  the Australian community from a human rights perspective,
• to suggest solutions to issues raised and make recommendations to
  stakeholders to inform future policy, program and service design as well as
  public debate and education.
  

Focus of the
project

The last 10 years has seen several conferences and reports directed at issues
for African communities in Australia, most with a localised or state/territory
perspective. The Commission felt it timely to build on this valuable foundation,
but also elevate issues to the national level.

There has been no national report that looks at the issues facing African
Australians from a human rights perspective. This project will seek to address
this identified research ‘gap’.

There have been debates in the media about the numbers, ‘integration
potential’ and settlement needs of African Australians. Unfortunately, the
media usually focuses on crime or on political commentary about African
Australians – and has often been negative or critical, and sometimes
misleading. This has contributed to general community confusion or concern about
African Australians, and has caused distress to many.

This project will work to ensure that a more accurate documentation of the
experiences of African Australians is developed, as well as illustrating the
multi-dimensional nature of these experiences and related issues. As stated in
the project aim, the project will also put forward suggestions and make
recommendations.

Parameters of the
project

This project will investigate the support available to African communities
and the issues impacting upon their inclusion, with particular reference to:

• Employment and training
• Education
• Health
• Housing
• Justice
  

Refer to Appendix 2 (page 32) for information about these human
rights.

Framework for the
project

The issues relating to the areas of employment and training, education,
health, housing and justice will be analysed through a legal and moral human
rights framework also informed by social inclusion policy principles.

The framework allows the Commission to examine the extent to which individuals are able to exercise their human rights and identifies any barriers to individuals enjoying these rights. For example, this project will explore the extent to which African Australians are able to exercise their right to employment without discrimination. The submission and consultation process will allow for individuals and organisations to identify issues, opportunities and barriers in relation to African Australians and employment.

The
parameters and framework of the project is illustrated in the diagram below. The
diagram indicates the many areas of intersection between all five areas, as
experienced by African communities in Australia. The diagram also shows a sixth
area – emerging issues – as the project is likely to uncover a range
of emerging issues that are important to consider.

Project parameters framework

The project will have a special focus on issues faced by groups that may
experience greater vulnerabilities:

• young people
• African Muslim communities
• African Muslim women.

We will also explore the impacts of gender
throughout the project.

Content for
consideration

We would like to hear from anyone that is interested in human rights and
social inclusion issues for African Australians, especially:

• members of African Australian communities
• friends of African Australians
• all levels of government
• the non-government sector (NGOs)
• community organisations
• service providers (specialised and mainstream)
• academia.

The following sections (pages 11 – 23) outline
the five areas that the report is exploring. The questions in each area have
been grouped under separate themes.

• you do not have to answer every question
• while the research questions help to provide context to each area, they are
  a guide only and you should not feel limited by these
• rather than answer the questions, you may instead prefer to comment on the
  themes
• if you would prefer to share your experiences through storytelling, please
  do so. The Commission welcomes storytelling as an effective and powerful way to
  communicate messages
• you may provide us with research in order to answer a question or respond to
  a theme.

Note: Is it accepted that some of the following
questions may be applicable to other groups in Australian society, but for the
purposes of this project we request that your answers have a primary focus on
African Australians.

Overarching
consideration

We ask that you reflect on the following question before you consider each of
the five areas in detail:

1. How can governments go beyond consultation and support the genuine
   participation of African Australians in decision-making about program and
   service design and implementation across all areas?
   

1. Employment and
training

Employment and training are critical to successful settlement. African
Australians want to build their new life and contribute to Australian society
but many, especially newer arrivals, have to confront numerous barriers when
accessing employment and training.

Common barriers faced by African Australians are visible difference, access
issues related to English language skills, and local experience in the
employment arena. These and many more barriers are often linked to
discrimination and barriers maintained by professional bodies.

Through the themes and questions in this section we hope to gain a better
understanding of the existing support available to African Australians, the
issues impacting upon their social inclusion with reference to employment and
training, and suggestions for improvement.

If you do not want to answer the questions...

Can you tell us about your employment and training experiences in
Australia?

If you want to answer questions...

Only answer those questions that are relevant to you.

Access to training

• 1.1 What barriers do African Australians face in accessing training
  opportunities?
• 1.2 What specific training opportunities would be most helpful to
  newly-arrived African Australians?
• 1.3 How can interpreting and translation services be improved to provide
  better access and assistance to African Australians in the training and
  employment sectors?

Employment and training needs

• 1.4 Can you give examples of genuine training and employment pathways
  available to African Australians?
• 1.5 Please comment on what is meant by ‘securing meaningful
  employment’ from your personal and/ or professional perspective?
• 1.6 What career advice is helpful for newly-arrived African
  Australians?

Employment services

• 1.7 What barriers do African Australians encounter in using services of
  employment agencies (including the Job Network)?
• 1.8 Do employment agencies provide culturally appropriate services to
  African Australians? If yes, then how?

Government, employment and
training policies

• 1.9 Have you as an African Australian (or anyone else you know) had your/
  their overseas qualifications recognised in another developed country similar to
  Australia?
• 1.10 Does government employment and training policy and program design meet
  the needs of African Australians? Please give reasons in your answer.

Employment opportunities

• 1.11 What are the key challenges faced by African Australians in finding and
  retaining employment (e.g. recognition of qualifications, English language
  requirements etc.)?
• 1.12 What can be done to increase employment opportunities for African
  Australians?
• 1.13 What are the health, social and cultural impacts of unemployment and
  underemployment for African Australians?
• 1.14 As an African Australian, if you have not had difficulty in securing
  employment in Australia, please tell us about it and some of the reasons that
  contributed to your success?

Discrimination in employment and
training

• 1.15 Can you provide examples of how African Australians are treated
  differently when seeking employment and/ or training?
• 1.16 What is the impact of this discrimination?
• 1.17 How can African Australian workers be made aware of and supported to
  exercise their rights in relation to discrimination in the workplace?

The effect of religion, age, gender, sexuality and
disability

• 1.18 Are experiences of employment and training different for African
  Australians based on religion, age, gender, sexuality or disability? Please
  provide reasons in your answer.
  

2. Education

It is not uncommon for African refugees to have had limited use of
technologies and disrupted schooling because of war and displacement, as well as
limited education opportunities prior to the cause of their displacement.

But in
no way does this diminish the value of education to people from African
backgrounds.

Adjusting to the formal education system and learning environment in
Australia can create challenges for some African Australian students. At the
same time, the system is challenged to meet the socialisation and educational
needs of African Australian students. Considering the amount of time a student
spends in school and at study, the education setting is an important place to
explore the experiences of African Australians.

Through the themes and questions in this section we hope to gain a better
understanding of the existing support available to African Australians, the
issues impacting upon their social inclusion with reference to education, and
suggestions for improvement.

If you do not want to answer the questions...

Can you tell us about your education experiences in Australia?

If you want to answer questions...

Only answer those questions that are relevant to you.

Access to education

• 2.1 How do African Australians find out about education services available
  to them?
• 2.2 What barriers do African Australians face in accessing education
  opportunities?
• 2.3 What specific education opportunities would be most helpful to
  newly-arrived African Australians?
• 2.4 How can interpreting and translation services be improved to provide
  better access and assistance to African Australians in the education
  sector?

Education experiences

• 2.5 What are the experiences of young African Australians in educational
  institutions (e.g. schools, universities, TAFE, colleges) in Australia?
• 2.6 As a parent do you think that schools (public and private) have been
  helpful and supportive to your children and offered a good education and
  opportunities to learn?
• 2.7 As a parent are you actively involved in the school that your children
  attend and if yes, how did this happen and what is your involvement?
• 2.8 How can young African Australians manage any conflict that may arise
  between their family responsibilities and education?
• 2.9 Are there any issues you are aware of for overseas students (fee-paying
  or subsidised) from African countries?

Educational needs for
African Australian students

• 2.10 Can you suggest any programs and services that can provide additional
  support to African Australian students during their education?
• 2.11 How can Australian education institutions (e.g. schools, universities,
  TAFE, colleges) meet and support the specific cultural needs of African
  Australian students, especially those who arrive as refugees or asylum
  seekers?
• 2.12 What training and support should be put in place to assist educators to
  better understand complex refugee situations?

Discrimination in
education

• 2.13 Can you provide examples of how African Australians are treated
  differently in the education sector?
• 2.14 What is the impact of this discrimination?

The effect of
religion, age, gender, sexuality and disability

• 2.15 Are the education experiences of African Australians different based on
  religion, age, gender, sexuality or disability? Please provide reasons in your
  answer.

Government and education policies

• 2.16 Do government education policies and program design meet the needs of
  African Australians? Please give reasons in your answer.
  

3. Health

Many African refugees who arrive in Australia have survived devastating
experiences that many other Australians will never have to endure in their
lifetime. For example, the journey to Australia may have taken many years and
for any individual is likely to have involved some or all of the following: time
in refugee camps in other countries, illness, malnutrition or starvation,
separation from and/or loss of family, witnessing and/or experiencing torture,
trauma, violence and sexual violence.

Such circumstances can have significant impacts upon a person’s health.
However at the same time, people from African backgrounds demonstrate a strong,
determined spirit and resilience that has helped them to survive.

In this paper, the term health refers to the World Health Organisation
definition: health is a state of complete physical, mental and social well-being
and not merely the absence of disease or
infirmity^[3].

Resettling in a country such as Australia, which is very different to their
home country, poses many new challenges for people from African backgrounds.
While they will be helped and supported in a range of ways, they will also often
encounter obstacles as they build their new life.

The themes and questions in this section aim to explore the support currently
available to African Australians, the issues impacting upon their social
inclusion with reference to health, and suggestions for improvement.

If you do not want to answer the questions...

Can you tell us about your experiences with Australian health systems and
services in regard to your health and well-being?

If you want to answer questions...

Only answer those questions that are relevant to you.

Health issues for African Australians

• 3.1 What are the main areas of concern for African Australians in regard to
  health, well-being and health care:

3.1.1 in their first year
after arrival in Australia,

3.1.2 in the longer term (from the second year of settlement onwards)?

• 3.2 Does the Australian health care system adequately meet the needs of
  African Australians, especially newly-arrived refugees? Please provide some
  examples.
• 3.3 As an African Australian, do you generally find Australian health
  services good quality and are staff professional and polite?
• 3.4 Please comment on any gender-specific or youth-specific health issues
  for African Australians.
• 3.5 What are the issues for African Australians with disabilities in
  relation to the Australian health care system?

Mental health and
well-being

• 3.6 If you used a torture, trauma and rehabilitation service, did it help to
  meet your needs? Do you have any suggestions for improvement to the
  service?
• 3.7 How do the effects of family separation impact upon the mental health
  and well-being of African Australian families?
• 3.8 How do you feel your mental health and well-being has changed since
  coming to Australia?
• 3.9 How can the stigma attached to mental health be addressed in African
  Australian communities?
• 3.10 Can you provide best practice examples of how to treat sustained mental
  health issues for African Australians?

Access to health
services

• 3.11 What are examples of successful ways to explain the Australian health
  care system to newly-arrived Africans?
• 3.12 Even though African Australians may know how to access certain health
  services, they do not always utilise all the services that they are offered and
  entitled to. What can be done to change this?
• 3.13 How can interpreting and translation services be improved to provide
  better access and assistance to African Australians in the health
  sector?

Culture and health

• 3.14 What are some important issues/ facts about being from African
  backgrounds that would be helpful for Australian health service providers to
  know?
• 3.15 What training and support should be put in place to assist health
  professionals to provide culturally-appropriate services to African Australians?
• 3.16 What can governments, NGOs, communities and health services change to
  improve the interaction between an African Australian and the health care
  system?
• 3.17 Cross-cultural competence in the health care system is essential to
  ensure that all patients are treated with dignity and provided with appropriate
  care. Do you know of any best practice examples in the health sector for African
  Australians?

Discrimination and health

• 3.18 Can you provide examples of how African Australians are treated
  differently in the health sector?
• 3.19 What is the impact of this discrimination?

The effect of
religion, age, gender, sexuality and disability

• 3.20 Are the experiences of African Australians, in regard to health,
  different based on religion, age, gender, sexuality or disability? Please
  provide reasons in your answer.

Government and health

• 3.21 What actions can governments take (or what targets can government set)
  to ensure African Australians:
  • are healthy
  • can better overcome any physical or mental health issues from their refugee
    or migration experience, and
  • can thrive upon arrival in Australia?
    

4. Housing

It is widely acknowledged that people of African backgrounds encounter
significant difficulties accessing adequate and appropriate housing in
Australia. These difficulties need to be understood so that strategies can be
developed to assist African Australian families meet their accommodation needs.
It is also necessary to explore structural and systemic practices that prevent
African Australians accessing suitable accommodation.

In this section, the themes and questions seek to research the housing
support that is available to African Australians, the issues impacting upon
their social inclusion with reference to housing, and ideas for improvement.

If you do not want to answer the questions...

Can you tell us about your housing experiences in Australia?

If you want to answer questions...

Only answer those questions that are relevant to you.

Housing needs

• 4.1 What is the experience of African Australians, especially new arrivals,
  in regard to housing assistance and support?
• 4.2 What are the most significant concerns for African Australians in
  relation to housing?
• 4.3 How common is homelessness (including ‘couch-surfing’, rough
  sleeping and short-term hostel accommodation) amongst African Australians?
• 4.4 Searching for housing can put significant stress on families. What
  support is required to minimise the stress on African
  families?

Access to housing

• 4.5 What barriers do African Australians face in accessing appropriate and
  affordable long-term housing?
• 4.6 In the private rental market, real estate agents and landlords require
  evidence of prior rental history in Australia. This poses a major block to
  newly-arrived African families as they cannot compete with ‘more
  desirable’ applicants who have such rental history. In what ways can real
  estate agents and landlords be more inclusive of newly-arrived African
  families?
• 4.7 What type of education/ training could assist real estate agents,
  landlords and public housing officers to better service African Australians, in
  particular, new arrivals?
• 4.8 If you have been involved in a housing appeals process, please tell us
  about your experiences?

Housing rights and discrimination

• 4.9 Can you provide examples of discrimination experienced by African
  Australians in the private rental market and/ or in the public housing
  sector?
• 4.10 What is the impact of this discrimination?
• 4.11 Many African Australians are not aware of their rights and
  responsibilities as tenants. What other important housing-related information do
  African Australians need to know, and how can this information be
  provided?

The effect of religion, age, gender, sexuality and
disability

• 4.12 Are the housing experiences of African Australians different based on
  religion, age, gender, sexuality or disability? Please provide reasons in your
  answer.

Housing sector support

• 4.13 How can governments and NGOs better regulate real estate agents and
  landlords who service African Australians?
• 4.14 A person’s housing situation (including the search for housing)
  can compromise other important needs such as health care, education and
  employment. How can services be better coordinated to ensure that all vital
  needs of African Australians are met?
  

5. Justice

The justice system of every country has its own peculiarities. It can be
challenging for a person born in the country to understand the intricacies of
the system, let alone a newcomer.

When people from African backgrounds come to Australia they need to learn
about the new justice system, but information is not always readily available or
accessible. This is often complicated by negative experiences and interaction
that people of African backgrounds have had with authority prior to
resettlement, which have led to fear and mistrust of authority.

The themes and questions in this section will analyse the current support
available to African Australians, the issues impacting upon their social
inclusion with reference to justice, and suggestions for improvement.

If you do not want to answer the questions...

Can you tell us about your experiences with the Australian justice and legal
systems?

.

If you want to answer questions...

Only answer those questions that are relevant to you.

Legal and justice needs of African Australians

• 5.1 Do you have any comments/ observations/ stories on the experience of
  African Australians (including African youth) with the legal and justice
  systems?
• 5.2 What concerns do African Australians have about the Australian legal and
  justice systems?

Rights, justice and the law

• 5.3 As an African Australian, do you feel protected by the Australian legal
  and justice systems?
• 5.4 What services exist to explain to African Australians what their rights
  are when they are involved in the legal and justice systems?
• 5.5 Can you provide examples of any incidences where the rights of African
  Australians were denied in the justice and law enforcement setting?
• 5.6 What factors can contribute to negative interactions between African
  Australians and law enforcement?
  

Access to the legal and justice systems

• 5.7 What barriers do African Australians face in accessing the legal and
  justice systems?
• 5.8 What information about the legal and justice systems should be provided
  to African Australians to empower them? And when is the best time to provide
  such information (e.g. when a person is in the legal system, or at different
  time)?
• 5.9 Following on from question 5.8 above – how, or through what
  mechanism/s, can information about the legal and justice systems be best
  provided to African Australians?
• 5.10 What can be done to decrease the level of non-reporting of crime by
  African Australians?

Combating family violence

• 5.11 What are effective strategies that can be used by governments, NGOs or
  service providers to combat family violence issues for African Australians?
• 5.12 How can governments, NGOs and service providers better coordinate
  family violence services for African Australians?

Discrimination
in the legal and justice systems

• 5.13 Can you provide examples of how African Australians, particularly young
  people, are treated differently by the legal and justice systems?
• 5.14 What is the impact of this discrimination?

The effect of
religion, age, gender, sexuality and disability

• 5.15 Are experiences of justice different for African Australians based on
  religion, age, gender, sexuality or disability? Please provide reasons in your
  answer.

Cross-cultural training

• 5.16 Do workers in the justice system and law enforcement receive adequate
  cross-cultural awareness training? If not, what type of cross-cultural training
  is required?

Improved community relations

• 5.17 In recent times some media outlets have portrayed African Australian
  youth as ‘unruly gangs’ who get in trouble with police. How can the
  media be encouraged to provide more balanced reporting of issues for African
  Australians, especially African Australian youth?
• 5.18 How can governments, service providers and communities work to break
  down the fear and mistrust of authority that is felt by many African
  Australians?
• 5.19 How are long-term, trusting and positive relationships created between
  African Australians and the justice system and law enforcement?
• 5.20 Do you know of successful models of African community and law
  enforcement relationships?
  

Anything
else?

You may have other issues or concerns for African Australians that you
believe are important to tell us. You may have more to tell us about employment
and training, education, health, housing and justice, or you may have other
thoughts to discuss, for example:

• cultural maintenance, cultural heritage and values
• immigration experience
• negotiating gender relations
• intergenerational issues
• faith-related issues
• relationships between African and other minority groups
• community relationships and tensions
• media
• transport
• sport and its role in contributing to social inclusion

We will
do our best to consider any other issues and concerns that you share with
us.

 

Project
methodology

The project will comprise a number of components:

• background papers – see page 27
• Discussion paper
• national consultations - interviews, focus groups, meetings with
  representative groups
• public call for submissions – seeking submissions (responses) from the
  public
• analysis of information gathered from the national consultations, call for
  submissions and research
• final report – see page 28
• plain language guide – this will be like an executive summary of the
  report
• formal review – see page 28
• evaluation – as part of the CPHR program evaluation.
  

See below for a representation of the project components:

Project partners and
governance

The project is being undertaken as a partnership between:

• Australian Human Rights Commission
• Adult Multicultural Education Services (AMES) in Victoria
• Australian Red Cross
• Diversity Health Institute
• Australian Government Department of Families, Housing, Community Services
  and Indigenous Affairs (FaHCSIA)

The project is governed by a
Steering Committee that is chaired by the Commission. All funding partner
organisations are represented and the Committee also has two community
representatives: Samia Baho, Executive Director of the Centre for African -
Australian Women’s Issues and Abeselom Nega, Immediate Past Chair of the
Federation of African Communities Council; and a service provider representative
Eugenia Tsoulis, Executive Director of the Migrant Resource Centre of South
Australia.

The purpose of the Steering Committee is to provide overall governance and
accountability to and for funding partners of the project, as well as provide
expert advice. The committee will also help ensure quality control and direction
to the planning, conduct and completion of the project.

In addition, the project also has input from a national Community Reference
Group (CRG). The purpose of the CRG is to provide strong content knowledge,
links and representation to African communities and service provider agencies.
The group will be used as a forum to debate issues, the scope and approaches of
the report, and solutions to problems.

Consultants

Myriad Consultants have been commissioned to work with the Steering Committee
and CRG to undertake this project. Myriad Consultants will organise and
facilitate the national consultation process, undertake research and analysis,
and prepare the final report.

Myriad Consultants have extensive experience working in collaborative
partnerships with government, public sector, private sector, NGOs and voluntary
organisations. They have a proven track record in undertaking social research,
including consultation with diverse communities, particularly with new and
emerging communities.

Background papers

Four background papers will be written as part of the project to set the
scene and provide context to the issues, findings and recommendations of the
final report:

• Demographic analysis – by Prof. Graeme Hugo, University of
  Adelaide.
• Australia’s migration policies – by Prof. Andrew Jakubowicz,
  University of Technology, Sydney.
• International and national human rights issues relating to refugees and
  immigrants – by Prof. Simon Rice, Australian National University.
• Literature review – by Ann Wayne Reiner, post-graduate intern with the
  Australian Human Rights Commission.

Translation

African communities are diverse and speak many languages. This project will
use an inclusive approach to ensure that all people who want to participate are
able to. However it is not possible for the project to work with all languages,
so the Steering Committee has recommended the following 10:

Refer to www.humanrights.gov.au/africanaus/ for translated summaries of this Discussion paper. If your first language is one
of those mentioned above, you can make submissions in your first language rather
than write in English. Translation and/ or interpreting of the 10 languages
above will be incorporated, where appropriate, in national consultations.

Outcomes of the
project

Final
report

It is anticipated that a final report will be produced and released in late
2009. The final report will include the main report prepared by the consultants,
as well as the four background papers. A plain language guide will also be
developed, as an overview of the final report. It is hoped that the plain
language guide can be translated into the 10 languages above.

The final report will provide factual information around the key issues as
per the project focus areas. The report aims to inform public debate, public
policy and the potential design of settlement, and related programs by agencies
at all levels of government, NGOs, community organisations and academia.

Formal
review

It is hoped that this report will be a catalyst to activate the improvement
of those policy, program and service areas identified as disabling the capacity
of African Australians to be engaged with and participating in all aspects of
Australian life.

To this end, the Commission has committed to a timeframe for review.

In order to take stock of the progress that has been made since the release
of the report, the Commission will determine which recommendations from the
report have been taken up and which have not. In preparing its review, the
Commission will work with and seek input from African Australian communities.

It is hoped that within 12 months after the release of the report, the
Commission can report back to the Australian Government and submit its
review.

 

---

Appendix 1 – Arrivals to Australia

People from African backgrounds coming to
Australia arrive in different ways. This section provides general explanation
about how people, including those from African backgrounds, arrive in Australia.
It also outlines Australia’s obligations to refugees.

As refugees –
via off-shore resettlement

Some refugees arrive in Australia through a process of forced migration.
Forced migration does not allow someone to choose the destination which will
become their new home.

According to the Convention and Protocol Relating to the Status of Refugees,
a refugee is a person, who:

owing to a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group, or political
opinion, is outside the country of his nationality, and is unable to or, owing
to such fear, is unwilling to avail himself of the protection of that
country...^[4]

However it is also important to acknowledge the wider use of the term
‘refugee’ for the purposes of this Discussion paper:

In popular use, the term refugee is often interpreted more broadly than its
legal definition, to include all people who flee their homes seeking refuge from
harm. There are many circumstances which could force someone to flee to safety,
including war or civil strife, domestic violence, poverty and natural or
man-made disasters. However, the Refugee Convention only recognises people as
refugees if they are displaced from their home country because of persecution
(or a well founded fear of persecution) on the basis of their race, religion,
nationality and their membership of a particular social group or political
opinion.^[5]

Under the Special
Humanitarian Program (SHP) – via off-shore resettlement

Other refugees arrive in Australia under the SHP. This program is for people
outside their home country who are subject to substantial discrimination
amounting to gross violation of their human rights in their home country,
including conflict-induced displacement. SPH applications for entry into
Australia must be supported by a proposer who is an Australian citizen,
permanent resident or eligible New Zealand citizen, or an organisation that is
based in Australia.^[6]

As asylum seekers
– via onshore protection

An asylum seeker is someone who has fled their own country and applies to the
government of another country for protection as a refugee. As a signatory to the
Refugee Convention, Australia must comply with its obligations and ensure that
all those who make claims for protection while in Australia have their claims
assessed in accordance with the Refugee Convention. A person is a refugee the
moment he/she fulfils the criteria of this
Convention.^[7]

People can seek to be recognised as refugees once they are already in
Australia by applying for a ‘Protection Visa’ (PV). While applying
for a longer-term visa such as a PV, some asylum seekers may be granted a
temporary bridging visa. The bridging visa enables people to reside legally in
the community while they are applying for a permanent visa, appealing a decision
related to their application, or waiting to depart Australia.

However, bridging visas often come with conditions and restrictions in
relation to work rights and health care entitlements. Some bridging visa holders
also have no access to social security benefits. The conditions and restrictions
placed on bridging visa holders can impact significantly on their ability to
exercise basic human rights.^[8]

The government provides assistance for some asylum seekers when their
applications for protection are processed, including financial assistance to
eligible PV applicants who are unable to meet their basic needs for food,
accommodation and health care while their application is being
processed.^[9]

As voluntary
migrants

Migrants choose to leave their home country and resettle in another country
of their choice. Australia offers several migration streams/visas under which
people can enter the country. Refer to the Australian Department of Immigration
and Citizenship’s website for details: www.immi.gov.au/migrants/

It is important to explain how refugees and migrants differ:

Refugees are not in the same situation as migrants, although the definitions
of the two groups are often confused. Migrants choose when to leave their
country, where they go and when they return. Refugees flee their country
for their own safety and cannot return unless the situation that forced them to
leave improves. Migrants, however, may still be a vulnerable group who face many
challenges while travelling to, and settling in, a new country. Refugees and
migrants are fundamentally different and are treated differently under
international law.^[10]

Australia’s
international obligations to refugees

Australia acceded to the United Nations 1951 Convention Relating to the
Status of Refugees (the 'Refugee Convention') on 22 January 1954 and acceded to
the 1967 Protocol on 13 December 1973. This means that under international law,
Australia has clear obligations and responsibilities relating to the rights and
protection of refugees.

The United Nations High Commissioner for Refugees (UNHCR) leads and
co-ordinates international action to protect refugees worldwide. Its primary
purpose is to safeguard the rights and well-being of refugees.

One of the key principles set out under the Refugee Convention is that
refugees should not be returned to places where their lives or their freedom
would be threatened. The UNHCR identify their preferred durable solutions for refugees as:

• the voluntary return to their country of origin in conditions of safety and
  dignity
• the local integration into a country of asylum if a safe return to the
  country of origin is not possible
• resettlement into a third country if neither of the first two options are
  suitable or possible.

The majority of refugees in Australia have
been and are resettled from other countries through Australia's off-shore
humanitarian resettlement
program.^[11]

The UNHCR outlines the rationale for its durable solutions framework,
including the following points, which are significant to this project:

...refugees bring human and material assets and resources. They are people
with tremendous courage, determination and potential to thrive - a potential
demonstrated time and again by them. Refugee women in particular have shown
resilience and survival skills. When given the opportunity refugees become
progressively less reliant on State aid or humanitarian assistance, attaining a
growing degree of self-reliance and becoming able to pursue sustainable
livelihoods, equally contributing to the economic development of the host
country.

Confining refugees however, to humanitarian assistance for years on end,
often deprived of the right to freedom of movement and without access to
education, skills training and income-generating opportunities prevents them
from developing their human potential and limits their ability to systematically
make a positive contribution to the economy and society of the asylum
country.^[12]

 

---

Appendix 2 – Some
information about human rights

Everyone in the world has human rights. Australia has agreed to uphold the
human rights standards set out in a number of international treaties and
declarations, including:

• the International Covenant on Economic, Social and Cultural Rights (ICESCR)
  at www.unhchr.ch/html/menu3/b/a_cescr.htm
• the International Covenant on Civil and Political Rights (ICCPR) at www.unhchr.ch/html/menu3/b/a_ccpr.htm

These conventions give binding effect to the rights recognised in
the Universal Declaration of Human Rights (UDHR) at

www.unhchr.ch/udhr/lang/eng.htm

www.un.org/Overview/rights.html

This means that all members of the Australian community have rights,
including those relevant to this project: the right to work, to education, to
health, to housing, and to a range of civil and political rights. This section
provides a summary about each and tells you where you can find out more
information.

The right to
work

Every person has the right to decent work. The right to work includes:

• the right of everyone to the opportunity to gain their living by freely
  chosen or accepted work
• technical and vocational guidance and training
• policies to achieve steady economic, social and cultural development, and
  full and productive employment
• the right to just and favourable working conditions
• fair wages with equal pay for equal work
• earning a decent living for themselves and their family
• safe and healthy working conditions
• equal employment opportunity
• adequate rest and leisure
• limited working hours and regular paid holidays
• the right to form and join trade unions
• the right to strike.

To find out more about the right to
education refer to Articles 6, 7 and 8 of the ICESCR and Articles 23, 24 of the
UDHR.

The right to
education

The right to education includes:

• the provision of free, universal and compulsory primary education
• generally available and accessible secondary education (including technical
  and vocational training)
• equally accessible higher education
• the availability of all forms of education without discrimination
• development of a school system, an adequate fellowship system and continuous
  improvement of the material conditions of teaching staff
• the right to educational freedom for all (including parents)
• academic freedom of students and staff.

To find out more about
the right to education refer to Articles 13 and 14 of the ICESCR, including the
general comment on implementation of each, and Article 26 of the UDHR.

The right to
health

Every person has the right to enjoy the highest attainable standard of
physical and mental health. States must protect this right by ensuring that
everyone within their jurisdiction has access to the underlying determinants of
health, such as clean water, sanitation, food, nutrition and housing, and
through a comprehensive system of healthcare, which is available to everyone
without discrimination, and economically accessible to all.

The right to health includes:

• the right to a system of health protection which provides equality of
  opportunity for people to enjoy the highest attainable level of health
• provision to reduce infant mortality and the stillbirth-rate, and improve
  child health
• improvement of all aspects of environmental and industrial hygiene
• prevention, treatment and control of epidemic, endemic, occupational and
  other diseases
• creation of conditions which assure medical service and medical attention to
  everyone in the event of sickness
• the right to control one's health and body, including sexual and
  reproductive freedom
• the right to be free from interference, such as the right to be free from
  torture, non-consensual medical treatment and experimentation.

To
find out more about the right to health refer to Article 12 of the ICESCR,
including the general comment on its implementation, and Article 25 of the
UDHR.

The right to
housing

Every person has the right to an adequate standard of living, which includes
the right to adequate housing.

The right to housing is more than simply a right to shelter. It is a right to
have somewhere to live that is adequate. Whether housing is adequate
depends on a range of factors including:

• legal security of tenure
• availability of services, materials, facilities and infrastructure
• affordability
• accessibility
• habitability
• location
• cultural
  adequacy.^[13]

To find
out more about the right to housing, refer to Article 11 of the ICESCR and
Article 25 of the UDHR.

The right to
justice

Civil and political rights are protected by the ICCPR. The main provisions
under ICCPR relevant to this project relate to:

• right to political participation (organise a political party, vote, voice
  contempt for current political authority)
• procedural fairness in law (rule of law, rights upon arrest, trial, basic
  conditions must be met when imprisoned, rights to a lawyer, impartial process in
  trial)
• individual freedom of belief, speech, association, freedom of press, right
  to hold assembly
• protection on individual's physical integrity (against things such as
  execution, torture, and arbitrary arrest)
• equality before the law and equal protection of the law for everyone –
  without discrimination based on gender, religious, racial or other forms of
  discrimination.

To find out more about civil and political rights,
refer to the ICCPR and the UDHR.

---

Submissions

Submissions are invited on human rights and social inclusion issues for
African Australians. In particular, the Commission is interested in your
responses to any or all of the questions in the Discussion paper, as well as any
other issues of concern.

How to make a
submission

Electronic submissions are encouraged on any of the issues in this paper.
Please send comments via email to: africanaus@humanrights.gov.au

However, if you would like to make a submission in hard copy, please send
to:

African Australians project submission

Education and
Partnerships Section

Race Discrimination Unit

Australian Human Rights
Commission

GPO Box 5218

Sydney NSW 2001

or by fax to: (02) 9284 9849.

For any queries please telephone: (02) 9284 9600 or 1800 620 241 (TTY)

CLOSING DATE FOR SUBMISSIONS: 30 June 2009

Confidentiality

Submissions will be treated as public documents unless confidentiality is
requested. The Australian Human Rights Commission will:

• include a list of submissions in its final report;
• refer to submissions in the text of the final report and other Commission
  publications; and
• publish selected submissions on its website.

If you want your
submission, or any part of it, to be treated as confidential, please indicate
this clearly.

Requests by members of the public for access to confidential submissions will
be determined in accordance with the Freedom of Information Act 1982 (Cth).

Find out more

For more information about the project, go online at www.humanrights.gov.au/africanaus

or contact us:

Email:

africanaus@humanrights.gov.au

Mail:

Claire Moroney

Project Manager

Education and
Partnerships Section

Race Discrimination Unit

Australian Human Rights
Commission

GPO Box 5218

Sydney NSW 2001

Phone:

(02) 9284 9600 or 1800 620 241 (TTY)

---

Acknowledgements

Discussion paper prepared by Claire Moroney.

The Australian Human Rights
Commission thanks all members of the project Steering Committee and Community
Reference Group who

contributed their knowledge and expertise towards this
Discussion paper.

This publication can be found in electronic format on the Australian Human
Rights Commission’s website at:

www.humanrights.gov.au/africanaus

For further information about the Australian Human Rights Commission, please
visit: www.humanrights.gov.au or email: paffairs@humanrights.gov.au.

You can also write to:

Public Affairs

Australian Human Rights Commission

GPO Box
5218

Sydney NSW 2001

Design and layout

Jo Clark

Printing

Bloxham and Chambers

Cover photography

Blend Images

---

^[1] www.immi.gov.au/living-in-australia/a-diverse-australia/national-action-plan/nap.htm

^[2] For more information about the CPHR program: http://www.humanrights.gov.au/racial_discrimination/partnerships/projects.html (viewed 19 January 2009).

^[3] World Health Organisation, Frequently asked questions. At

www.who.int/suggestions/faq/en/index.html (viewed 10 February 2009)

^[4] The
Convention and Protocol Relating to the Status of Refugees, 1967, art 1, p 16.
At www.unhcr.org/protect/PROTECTION/3b66c2aa10.pdf (viewed 19 January 2009).

^[5] Australian Human Rights Commission, 2008 Face the Facts (2008), p 46. At www.humanrights.gov.au/racial_discrimination/face_facts/FTF_2008_Web.pdf (viewed 19 January 2009).

^[6] Department of Immigration and
Citizenship, Australia’s Refugee and Humanitarian Program, Fact
Sheet 60. At www.immi.gov.au/media/fact-sheets/60refugee.htm

(viewed 19 January 2009).

^[7] Australian Human Rights Commission, 2008 Face the Facts (2008), p 45. At www.humanrights.gov.au/racial_discrimination/face_facts/FTF_2008_Web.pdf (viewed 19 January 2009).

^[8] Australian Human Rights Commission, Factsheet: The impact of bridging visa
restrictions on human rights. At www.humanrights.gov.au/human_rights/immigration/bridging_visas_factsheet.html (viewed 19 January 2009).

^[9] Department of Immigration and Citizenship, Assistance for asylum seekers in
Australia, Fact Sheet 62. At www.immi.gov.au/media/fact-sheets/62assistance.htm (viewed 19 January 2009).

^[10] Australian Human Rights Commission, 2008 Face the Facts (2008), p 47. At www.humanrights.gov.au/racial_discrimination/face_facts/FTF_2008_Web.pdf (viewed 19 January 2009).

^[11] Department of Immigration and Citizenship, Seeking asylum within
Australia, Fact Sheet 61. At www.immi.gov.au/media/fact-sheets/61asylum.htm (viewed 19 January 2009).

^[12] UNHCR, Framework for Durable Solutions for Refugees and Persons of Concern
(2003), p 9. At www.unhcr.org/partners/PARTNERS/3f1408764.pdf (viewed 19 January 2009).

^[13] Australian Human Rights Commission, Housing, homelessness and human
rights. At www.humanrights.gov.au/human_rights/housing/index.html#housing (viewed 19 January 2009).