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National Inquiry into Children in Immigration Detention



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Submission to National Inquiry into Children in Immigration Detention from

National Investment in the Eary Years (NIFTeY) Australia, Ltd.

Summary

International and Australian evidence demonstrates the long-term effects of early life experience on health and well being throughout life. The detention of children and young people is poses significant risks to normal development. The exposure of infants and young children to stress either directly or mediated through the experiences of their parents reduces the likelihood of normal brain development. The manifestations of these experiences are likely to include poor physical health, learning difficulties, behaviour disorders, school failure, risk taking behaviour, mental illness, suicide and criminal behaviour. Those who have been exposed to such risks in early life are at increased risk of long-term sequelae such as depression, and post traumatic stress disorder. These manifestations are of direct concern to the Australian community both because of the long term costs associated with these problems in future Australian citizens and the dangers of returning such damaged young people into the International community.

NIFTeY recommends that Governments in Australia work with the Commonwealth Government and Opposition parties to urgently review policy on asylum seekers with the view to increasing community understanding and developing policies that are both humane and rational.

About NIFTeY

NIFTeY is the acronym for National Investment For The Early Years. Its supporters include individuals and organisations from the fields of early childhood education, community child health, infant mental health, juvenile justice, child advocacy, research and adolescent physical, mental health and well being.

NIFTeY Objectives:

1. To promote the development, implementation and evaluation of strategies in the early years of life that advance the health, development and well being of all children in Australia;

2. To advance community knowledge and the education and support of parents in relation to the importance of the first three years of a child's life so as to promote the social, cognitive, emotional and physical well being of all children;

3. To encourage the provision of resources and services to communities and families where children are known to be disadvantaged;

4. To promote and disseminate research relevant to the early years of life, including monitoring the status of young children; and

5. To value, recognise and advocate for the importance of the impact of early positive relationships and experiences in young children's lives.

NIFTeY as an organisation has access to the combined expertise of practitioners, academics and researchers in the areas of endeavour that effect the lives of young people and their families. The members of the organisation are familiar with the huge body of research literature relating to human development and the effect of adverse circumstances on life chances. NIFTeY is therefore uniquely qualified to present a discrete submission and to support the submission of the large number of organisations included in the Alliance of Professionals Concerned about the Health of Asylum Seekers and their Children.

In making this submission NIFTeY acknowledges:

  • limitations of knowledge relating to the background and past experience of refugees;
  • lack of first hand knowledge of conditions in detention centres and support services available;
  • apparent support for mandatory detention and activities designed to discourage further asylum seekers by the Australian community;
  • the underlying fears of the Australian public, both for themselves and their children, relating to people they consider "other" in an environment where they feel they have little control over their own life chances;
  • the apparent lack of support for international treaties by the Australian community and the desire to be seen as a country that makes decisions that are independent of international pressures;
  • the difficulties faced by Governments and Oppositions parties in making and supporting decisions based on evidence without the support of the community - even though this evidence points to both individual and community harm;
  • that the implementation of recommendations directed to specific groups of asylum seekers (in this case, the separation of families with children and unaccompanied minors from other detainees) may have profound adverse effects on other detained individuals.

Importance of early life experience (including foetal influences) on development, health and well being throughout life.

There is a vast amount of evidence that early life experience sets the scene for health and well being throughout life.

These observations, based on large population studies, are backed by biochemical and sophisticated imaging studies of the developing brain demonstrating that adverse circumstances in early life, including foetal life, result in changes in the patterns of stress hormone secretion and other neurotransmitters that have a profound affect on brain development which may be irreversible. Evidence in support of the irreversibility of some of these outcomes is provided by long-term follow-up studies of Romanian children adopted into Western homes after varying periods of time spent in an orphanage - those children with longer exposure to adverse environments had higher diurnal cortisol production (1) and poorer developmental and behavioural outcomes (2). Manifestations of later effects include learning difficulties, behaviour disorders, poor impulse control, depression, suicidal ideation, self-harm, risk taking behaviours (injury, unintended pregnancy, alcohol and substance abuse) and criminal activities.

Disadvantage associated with adverse early life experience tends to continue into adult life. Evidence clearly demonstrates an association of disadvantage with poorer health including increased incidence of hypertension, heart disease, type 2 diabetes and mental illness.

Children need to develop in a secure environment with at least one caring adult and to be exposed to a large variety of positive learning experiences in addition to the basic requirements for shelter and nurture. They need to develop peer relationships and feel a strong connection to community and the school environment. They need to have access to positive role models and to perceive themselves as valued individuals deserving of respect and able to respect the rights of others.

Other submissions, (supported by NIFTeY) will provide detailed evidence supported by references from the International and Australian literature. Even so, it is likely that these references will represent only a small fraction of the evidence available. "Developmental Health and the Wealth of Nations - social, biological, and educational dynamics" edited by Daniel Keating and Clyde Hertzman provides an outstanding coverage of the subject, including a comprehensive list of references.

Implications for children and young people in immigration detention

While some of the families with children, and even some unaccompanied minors, may have come from a position of relative economic privilege in their country of origin, it is obvious that families willing to leave their familiar environment and support systems and risk their own lives and that of their children to travel to another country are trying to escape from adverse circumstances. It is known that a number of individuals have witnessed the death and maltreatment of family members and have themselves been subjected to maltreatment. It is also known that some asylum seekers come from countries where circumstances prevent adequate nutrition of children and young people and educational opportunities are minimal. It may be assumed then that newly arrived children and young people need urgent attention to ameliorate the effects of past experience and prevent long-term damage.

While it is impossible to confirm the damage inflicted on children and young people by their passage from their country of origin or during their stay in countries along the way, we have the unchallenged evidence that these children and young people have travelled on the last leg to Australia on crowded, unsafe vessels in an atmosphere of apprehension and violence. It is on record that children and young people have witnessed the firing of warning shots from our own defence forces in the vicinity of the vessels in which they were travelling and would have witnessed the apprehension and confusion of adults with whom they travelled. Whilst some children are less vulnerable to the impact of stress by virtue of temperamental characteristics and intellectual capacity, the key for others lies in the parental capacity to buffer social stress in their lives and offer them a positive path in dealing with that stress. Garbarino (writing in relation to children exposed to community violence) states that adults are a crucial resource for children attempting to cope with danger and stress - "So long as adults are in control of themselves and present children with a role model of calm, positive determination, most children can cope with a great deal of chronic stress associated with community violence. Whilst they can be traumatised by their experiences, the adults around them will be able to serve as a resource and support them in their rehabilitative efforts. However, once adults begin to deteriorate, to decompensate, to panic, children suffer." (3). This is not surprising given the importance of the images of adults contained in children's social experience. Traumatised children need help to recover from their experiences. Emotionally disabled or immobilized adults are unlikely to offer children what they need.

The literature on early childhood is very clear - stress transmitted from parent to child, including the child in utero and the infant has a detrimental effect on normal neurological development (4,5). There is also evidence that exposure to and experience of trauma may distort values. Garbarino warns that unless children can be given a moral and political framework to process their experiences, "traumatised children are likely to be drawn to a range of groups and ideologies that legitimise and reward their rage, their, fear and their hateful cynicism. This is an environment within which gangs (and one might well add, terrorist networks) flourish and community institutions deteriorate." (3)

It is on record that a number of children of asylum seekers ended up in the sea and needed to be rescued. Most Australian parents, even without the benefit of the evidence from the world scientific and sociological literature, would consider these to be damaging experiences for children and young people and would wish to take measures to immediately place their children in an environment where they could be reassured of their safety and protected from further stress.

NIFTeY has no direct knowledge of the processes undertaken by immigration officials (acting both within Australia and "off shore") to care for these children who have been subjected to such experiences. It is known, however that a number of these families with children and possibly some unaccompanied minors were transported to detention centres in countries outside Australia against their wishes and possibly without accurate knowledge of their final destination. It is apparent that children of distraught, fearful and angry parents are likely to experience severe trauma.

Available documentation of families in detention in Australia make it clear that children and young people have witnessed violence between detainees and security officers, violence between detainees, attempted break outs and episodes of self harm. Such experiences are likely to result in damage to children extending into adult life. Expected manifestations include impaired learning ability, behaviour disorders, risk taking behaviours, criminal activity, mental illness and long-term health problems.

Agencies that have had access to detention centres have reported that children in detention centres do not have adequate facilities for play, education or provision for the nutritional needs of young children, that health care is less than optimal, sport and recreation facilities are absent or inadequate for young people and that health and well being is dependent on individuals whose expertise is in controlling prison inmates and who could not be expected to understand the needs of children, particularly children who are at increased risk in so many areas. These agencies include the Commonwealth Ombudsman, the University of NSW Centre for Refugee Research, the Refugee Council of Australia, South Australian Department of Human Services and the Parliament of Australia Joint Committee Inquiry into Immigration Detention Procedures. A number of reports are available (6, 7, 8, 9). In addition, there have been a number of media statements from individuals who have worked in detention centres including psychologists, nurses and other health workers.

NIFTeY contends that no child or young person within Australia (or sent "off shore" by Australian agencies) should be subjected to conditions known to have long term, potentially irreversible damage. Quite apart from Australia's obligations relating to the United Nations Convention on the Rights of the Child or other international treaties to which Australia is a signatory, the prevailing Australian concern for children and young people and the actions by Australian Governments to promote and protect the health and well being of children and young people in other contexts are sufficient to justify urgent action for children and young people in detention.

NIFTeY makes this submission as an individual organisation with particular interest and expertise in the early years of life.

References:

1. Gunnar R, Morrison SJ, Chrisholm K, Schuder M. (2001). Salivary Cortisol Levels in Children Adopted from Romanian Orphanages. Dev Psychopathol. 13(3):611-28.

2. Rutter M. (1998) Developmental Catch-up, and Deficit, Following Adoption after Severe Global Privation. English and Romanian Adoptees (ERA) Study Team. J Child Psychol Psychiatry. May:39 (4):465-76.

3. Garbarino JG & Kostenly K (1998). What Children Can Tell Us About Living in a War Zone. In J Osofsky (ed) Children in a Violent Society. Guilford, New York.

4. Perry, BD et al (1995). Childhood Trauma, the Neurobiology of Adaption and Use-dependent Development of the Brain: How States Become Traits. Infant Mental Health Journal 16 (4), 271-291

5. Perry BD. (1999). Memories of Fear: How the Brain Stores and Retrieves Physiologic States, Feelings, Behaviours and Thoughts from Traumatic Events. "Splintered Reflections - Images of the Body in Trauma" edited by J Goodwin and R Attias. Basic Books

6. Commonwealth Ombudsman (2001). Report of an Own Motion Investigation into the Department of immigration and Multicultural Affairs' Immigration Detention Centres. Report under section 35A of the Ombudsman Act 1976.

7. Centre for Refugee Research, University NSW (2001). Surviving War, Surviving Peace. Research and Development Monograph Number 1. ISBN # 1876565 24 1

8. South Australian Department of Human Services (2000). Findings of South Australian Investigation of Woomera Child Sexual Abuse Allegations

9. Joint Committee on Foreign Affairs, Defence and Trade (2001). Completed Inquiry 1: Visits to Immigration Detention Centres. Government publication

Recommendations

1. Governments recognise the likelihood of profound detrimental effects of detention on the development, health and well being of children and young people, particularly those cared for by parents who have also been traumatised, and the consequences for Australian society both through the subsequent reception of damaged young people into Australia or the return of these alienated and disturbed young people to the international environment.

2. Political parties work together to reduce the apprehension of the Australian community and endeavour, by a co-operative approach, to foster a humane and rational response to the plight of asylum seekers.

3. Families with children and unaccompanied minors remain in detention for the minimum period required for health and security checks.

4. Families members arriving at different times or by different means are re-united immediately after health and security checks are completed.

5. Families with children and unaccompanied minors are housed separately from other detainees while in detention.

6. Families with children and unaccompanied minors in detention are maintained in facilities close to amenities, services and volunteer agencies. That is they be not sent to remote locations either in Australia or "off shore".

7. Detention centres housing young people and families with children are equipped with play areas and sport and leisure facilities, preferably supervised by volunteers or professionals with experience in early childhood or activities for young people.

8. Families with children and unaccompanied minors, while in detention, are not subjected to prison conditions such as regimentation of meals and leisure time, invasion of personal space, searches and exposure to violence.

9. Pregnant women and women with young babies have access to community support services, particularly those provided by and for women from similar cultural background on a frequent and regular basis.

10. Children of families and unaccompanied minors in detention have access to early childhood education and schooling within the general community including utilizing existing education and support facilities for new arrivals in Australia. Current financial impediments preventing this from happening in some States need to be addressed.

11. Unaccompanied minors have access to families and organisations experienced in hosting and supporting overseas students and exchange students.

12. Unaccompanied minors and other young people in detention have access to educational computer programs produced either in the country of origin or by other international relief agencies.

13. Pregnant women and women with young children experiencing the effects of trauma and abuse or demonstrating evidence of mental illness receive urgent treatment by mental health professionals and intensive support from available community members from related cultural background.

14. Services to identify and treat children and young people suffering the effects of trauma and dislocation are available as soon as practical after arrival in Australia.

15. Children and young people with health problems or disabilities are promptly assessed and receive management that is commensurate with that of the general community including consideration of cultural influences.

 

Last Updated 30 June 2003.