Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National
Inquiry into Children in Immigration Detention from
the Australian Association
of Social Workers (AASW)
of Reference;
mandatory detention of child asylum seekers and other children arriving
in Australia without visas and alternatives to their detention.
adequacy and effectiveness of 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.
impact of detention on the well being and healthy development of children,
including their long-term development.
additional measures and safeguards which may be required in detention
facilities to protect the human rights and best interests of all detained
children.
additional measures and safeguards which may be required to protect
the human rights and best interests of child asylum seekers and refugees
in the community after a period of detention.
Comments;
Dr. Sev Ozdowski
Human Rights Commissioner
National Inquiry into children in immigration detention
Human Rights and Equal Opportunity Commission.
GPO Box 5218
Sydney, NSW, 1042
26th April, 2002
Dear Dr. Ozdowski,
Please find attached
the Australian Association of Social Workers (AASW), West Australian Branch
response to the National Inquiry into children in immigration detention.
The AASW is the professional social work body in Australia representing
6000 members nation wide and nearly 900 members in Western Australia.
The AASW/WA has long
been aware and concerned over the conditions children face in Australia's
various immigration detention facilities.
This response has
been developed in consultation with AASW/WA members who have particular
expertise and knowledge of children in detention, as well as various non-government
agencies in the state who have working knowledge of the issue.
The Association would
hope that the National Inquiry's findings and evaluations will encourage
further development in services and service delivery to ensure that the
best interests of the child are always maintained.
Yours Sincerely,
Dr. Barbara Meddin,
MAASW, Acc SW
President
of Reference;
1. The provisions
made by Australia to implement its international human rights obligations
regarding child asylum seekers, including unaccompanied minors.
The AASW/WA believes
that children in detention are already traumatized by events in their
homelands and the detention of these children in Australia is an additional
systemic abuse. The Australian government perpetuate this abuse through
reported conditions children face in detention centres and the government's
lack of willingness to acknowledge the situation with the hope of some
level of change.
The Association has
received various reported examples of current living conditions and processes
within detention facilities;
a) Meals are at
set times and food for snacks is only accessible at set times. There
is no flexibility for young, tired children and this can mean that they
go without meals on some occasions.
b) Clothes - Individual
clothes are taken away on arrival at detention facilities. People often
have just one outfit to wear. Mothers who are breast-feeding are in
particular need a change of clothes. This action promotes the dehumanisation
of people in the centres and a great loss of their individuality.
c) Blankets - Young babies do not have sufficient blankets to stay warm.
d) Toys/educational materials - Sufficient materials are not available
and there is no reported presence of mandatory or suitable play areas.
e) Staff are not necessarily cross culturally trained. It is reported
that staff can show favoritism to certain families and not to others.
The reported use of keys to open and close doors also leads to the prison
and institutional like environment.
f) Counsellors - Specific qualifications and the level of counsellor
training for working with migrant children in detention is unclear.
g) Legal - Lack of information regarding the legal structure in Australia
and lack of access for all to legal representation. It also appears
that detainees are not kept appraised of where their particular applications
are up to which contributes to heightened frustration and anxiety.
h) Information /phones - Very limited access to phones and often lack
of awareness as to the whereabouts of other family members here in Australia.
i) Living conditions
- Reported to be cramped with little privacy and families separated
on occasion. Very little shade at Woomera (50 degrees at times) which
can result in sunburn and dehydration and the glare can have long term
effects on eyesight. It has been reported that at the Curtin facility
head counts occur where people are checked at all times of the day and
night. These visits are unannounced and create an atmosphere of violence
which children witness.
j) Medical checks - It is unclear if normal developmental checks are
carried out as a matter of course. Post Traumatic Stress Disorder is
reported to be misdiagnosed as psychiatric depression.
k) Individuals have reported that whilst in detention, they were referred
to as a number, not by name. This can only lead to offend the inherent
dignity of any human when subjected to such treatment for an extended
period of time. It also conjers up the treatment holocaust victims received
at the hands of Nazi's over half a century ago.
The effect of "number
calling" on developing personalities and the social, psychological
and emotional function of growing children cannot be underestimated. One
teenage boy, who arrived as an unaccompanied minor from Afghanistan in
1999, recounted the fear he felt during his time in detention, and the
'punishment' people endured if they did not respond to their 'number'
being called over the loudspeaker. This punishment may include being restricted
to certain areas of the detention facility, or being excluded from certain
leisure or educational activities.
The mandatory detention of child asylum seekers and other children arriving
in Australia without visas and alternatives to their detention.
The relevant treaty
with respect to mandatory detention of either accompanied or unaccompanied
minors is the Convention on the Rights of the Child, articles 37(b) and
37(c) which includes the need to treat child asylum seekers with the "needs
of persons for his or her age". The AASW/WA believes the current
treatment of child asylum seekers in detention is a violation of the Convention
to which Australia is a signatory to.
However, the reported
experience of many children seeking asylum in Australia, whether together
with their parents and/or other family members, or unaccompanied, is the
deprivation of their liberty for an indefinite period of time within a
government funded detention centre.
The detention of
children in this instance is not being used as a measure of "last
resort" and it has been reported that many children have remained
in detention for over six months. The uncertainty faced by refugees during
flight is thus prolonged once they arrive in Australia.
The best rights of
the child are not being considered with the current system of detention
in Australia. There are very real and serious concerns about the trauma
detention is causing children. Prolonged detention with only basic and
poor living requirements is depriving children with "the humanity
and respect" they need to develop into full-functioning adult.
An alternative to
detention for unaccompanied minors may be maintaining these children in
adequately supported accommodation. Ideally this may include children
staying with extended family or staying within their own cultural group
in a foster care type arrangement. The child's wishes should always be
taken into account with family reunion being the primary goal.
The adequacy and effectiveness of 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.
The issue of unaccompanied
minors remains are priority concern. Children as young as thirteen years
can be without a trusted adult and without protection. To date, the AASW/WA
understands that the Department of Community Development have not had
contact with any or very limited contact with children within the detention
centres. This problem of state versus federal jurisdiction must be resolved.
The AASW/WA also
understands that in Western Australia on their release from detention
children are placed in houses of up to approximately four people without
foster parents. The roles of the Department of Community Development and
the Department of Immigration and Multicultural Affairs are still being
negotiated whilst the unacceptable situation these children face is progressing
with no appropriate controls.
The Association has
been notified that currently the majority of unauthorised asylum seekers
attempting to enter Australia are being sent to the Pacific Islands. There
has been a reported decline in referral numbers from DIMA to one of the
regional Department of Community Development offices. The implications
of this diversion are very serious particularly for unaccompanied minors
who have no suitable guardians or carers, no access to legal services
and no hope of protection from a child protection authority.
There is also the
unique situation of unaccompanied refugees and the complex settlement
problems they face as a result of being issued with Temporary Protection
Visas (TPV).
Children issued with
a TPV are excluded from accessing the Intensive Language Centres (ILCs)
which provide specialised English tuition from highly?trained professionals
to other newly arrived children of migrants or refugees.
Those who have been
granted permanent residence in Australia are entitled to 12 months enrolment
at an ILC if it has been assessed that their English skills are insufficient.
Many refugee children have had disrupted or non?existent education, thus
the new school environment may be alienating to them, and the ILCs provide
a smooth transition into mainstream schooling.
Those children holding
a TPV are also excluded from attending the English as a Second Language
(ESL) classes that operate out of some public and private high schools.
Thus, it is very difficult to provide these children with the English
skills needed to function in Australian society.
Whilst difficult
to measure, there are obvious social costs as a result of not being able
to communicate in the language spoken in one's country of residence. Given
that most of the children have a very limited grasp of English, difficulties
will arise on a daily basis due to the language barrier.
The impact of detention on the well being and healthy development of children,
including their long-term development.
The AASW/WA is aware
that there are many incidents of people presenting with depression and/or
post traumatic stress disorder following the experience of detention.
This exacerbates any previous trauma and undermines trust in the equity
and safety of the Australian system.
Some children have
been known to self-harm following their experiences in detention and/or
to "act out "in school. Family relationships can be severely
damaged by the perceived breach of trust of the parent.
In term of psychological
effects there are reports of developmental delays, behavioural problems,
withdrawing, depression, "acting out", aggression, bed-wetting,
grinding teeth, nightmares and twitching. Children are in limbo when they
most require structure and boundaries for healthy development.
There are significant
changes in family dynamics that often undermines the parental role. Breaches
of trust between child and parent are common as well as children supporting
parents their parents in detention. This swap in roles creates a situation
where children are faced to act beyond their age appropriate 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.
It is a matter of
great urgency that the camps be made accessible to representatives of
health, mental health, legal, child protection, education services and
human rights observers who can report openly on the conditions they find,
and make recommendations to address those situations that violate the
UN Convention on the Rights of the Child as they pertain to children in
detention.
More specifically,
a) Children must
not be detained in prison like environments.
b) The best interests of the child must always be maintained. If continued,
children in detention must have representatives available and accessible
to them who promote their safety and a nurturing environment.
c) Staff need to be cross culturally trained.
d) Counsellors must possess suitable qualifications and trained to be
working with children
e) Legal - Readily available information regarding the legal structures
in Australia and access for all to legal representation. Lawyers need
to train to work with children.
f) Information /phones - Access to phones an information as to the whereabouts
of other family members here in Australia. More efforts needed to link
families together across Australia.
g) Living conditions - Overall improvement including suitable play equipment
and materials for children. The frequency and availability of education
must also be examined.
The additional measures and safeguards which may be required to protect
the human rights and best interests of child asylum seekers and refugees
in the community after a period of detention.
It is estimated that
the majority of refugees who enter Australia have suffered some form of
torture. Unaccompanied refugee children are particularly emotionally vulnerable
without the support of their family, and some may have witnessed their
parent's torture or death. It is also possible that they themselves have
been victims of rape or sexual assault during their escape. Torture is
both physical and psychological, so victims may have both visible and
invisible scars.
It is important that
service providers who are their guardians, are aware of the lingering
effects of trauma, and how this may affect their settlement experience.
The condition of uncertainty and doubt about the future faced by teenagers
with a TPV can do a great deal of psychological and social harm. The stability
and increased access to services that a permanent visa would supply could
improve their psychological well being dramatically.
Adjustment, stress and anxiety disorders may be prevalent amongst this
group and mental health services need to be accessible to these teenagers
so that treatment and support can be managed appropriately. When these
children are the holders of TPV's they are ineligible to access to migrant
resource centres that would provide specialist referral services to ensure
appropriate mental health services are accessed.
In addition, TPV
holders are also denied assistance with language training frustrating
their ability to seek this type of support.
If unaccompanied
refugee minors are viewed as future citizens, then structures and supports
are needed to reduce these negative psychological and social effects of
trauma for the benefit of Australian society at large. Given that a source
of instability and insecurity is lack of a national identity, the TPV
given to these teenagers can only compound these effects.
If a TPV was granted
in the case of unaccompanied minors, access to reunification should be
given on arrival and would enable these refugees a chance of benefiting
from the care and protection of a family member.
Comments;
- The UN Convention
on the Rights of the Child set the standard for civilized and humane
societies in the treatment of their children. The human rights of children
in detention are clearly being violated in Australia today.
- The UN Convention
on the Rights of the Child sets the minimum standards of care for children
in detention and Australia has an international and humanitarian responsibility
to provide this minimum standard of care as a signatory to the Convention.
- The experience
of detention often is perceived by immigrants as a repetition of the
previous experience in the country of origin. Detention can be just
as traumatising as experiences in own country.
- Children have
no comprehension of the purpose of detention although they experience
its effects and this often undermines parental promises of escaping
to safety.
Reported case
examples of families' experience in detention centres;
The following scenarios
are reported incidents that the AASW/WA has received from professionals
who work in the field with asylum seekers and refugees;
a) One family was
left with no light in their room for three days.
b) One mother alleges that she was drugged and that this affected her
ability to breast-feed and bond with her child.
c) One family was handcuffed for seven hours, including young children.
The father was an alleged people smuggler.
Last
Updated 10 October 2002.