by President Professor Alice Tay AM and
Dr Sev Ozdowski, Human
Rights Commissioner OAM
Report of visit by HREOC officers
HREOC officers recently
completed a fact finding mission to Woomera IRPC, as part of the National
Inquiry into Children in Immigration Detention currently being undertaken
by the Commission.
The five day assessment
was extremely thorough and included interviews with children, children
with their family, parents, single men and women; in all, eleven families
were interviewed and approximately twenty children.
The officers also
spoke with the DIMIA Business Manager, the ACM Centre Manager, as well
as the following ACM staff: Director of Programs, Medical Services Co-ordinator,
Medical Officer, ACM officers (including an ACM officer responsible for
unaccompanied minors) Activities Officer and Psychologist
All members of the
Commission met on Friday 1 February to consider the report of the visit.
Based on the evidence provided to it, the Commission concluded that there
are clear breaches of the Convention on the Rights of the Child, to which
Australia is a signatory.
Summary of Officers' Observations
The official statistics
provided to HREOC officers by ACM indicated the following incidents of
self-harm occurred over a two week period:
- Lip sewing: 5
children (one 14 year old sewed his lips twice)
- Slashing: 3 children
(the above child also slashed "freedom" into his forearm)
- Ingestion of shampoo:
- Attempted hanging:
- Threats of self
hurt: 13 children
This is a significant
proportion of the total child population of 236 at the Centre. It would
indicate that, not unsurprisingly, children are responding to the atmosphere
of despair in which they live. It is self-evident that manifestations
such as these are likely to permanently mark the psychological outlook
of these children. HREOC officers in discussion with ACM found no evidence
of parents encouraging children to engage in acts of self harm.
Interviews by HREOC
officers with children produced many responses that indicated a propensity
for self harm and suicidal thoughts.
Examples from three
Interview 1 (12
year old girl)
"I am getting crazy, I cut my hand. I can't talk to my mother. I
can't talk to anyone and I am very tired. There is no solution for me
- I just have to commit suicide - there is no choice."
Interview 2 (16
year old boy)
"Some of us, we not have anyone in here. What can we do except kill
ourselves? If no-one help us, I kill myself. If I kill myself, at least
I do something for the people."
Interview 3 (13
year old boy - quote from family member)
"We notice that while he sleeps he talks and screams: "fire,
fire, fire", and jumps up from sleep in nightmares... We ask him
to go and bring a book and he forgets about that and when he is walking
he walks disordered and is not concentrating."
That children are
suffering psychological trauma from these experiences would seem beyond
HREOC officers also
observed that despite ACM's efforts to provide schooling opportunities
for the children, this is confined to those aged twelve and under, and
is not comparable in any way to the education received by Australian twelve
year olds. There are a number of children over 12 years of age who virtually
receive no schooling at all. All children are taught in the one classroom.
Education is provided for a total of only two hours a day, four days a
This is contrary
to Australia's obligations under Article 28 of the Convention on the Rights
of the Child to provide educational opportunities to all children within
Breaches of the Convention
on the Rights of the Child
Based on evidence
such as that referred to above, the Commission is of the view that Woomera
IRPC places the Commonwealth in breach of its obligations under the Convention
on the Rights of the Child, particularly (but not restricted to) Article
19(1) "State parties shall take all appropriate legislative, administrative,
social and educational measures to protect the children from all forms
of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, whilst in the care of legal guardian(s)
or any other person who has the care of the child."
The Government also
needs to reassess its position concerning Articles 6(2) (child's right
to survival and development); 22(1) (ensure the protection of rights of
child refugees or asylum seekers); 24 (child's right to highest attainable
standard of health); 27 (child's right to adequate standard of living);
31 (child's right to play and recreational activities); 37(c) (the right
of the child deprived of liberty to be treated with humanity and respect);
39 (promotion of physical and psychological recovery of child victim of
neglect, abuse etc) and most particularly 37(b) of the Convention which
states: " Detention shall be used only as a measure
of last resort and for the shortest appropriate period of time."
with particular emphasis to Woomera.
HREOC officers reported
that Woomera IRPC is now enveloped in a self- reinforcing miasma of despair
and desperation, and there was a wide spread sense of despair due to the
length of time in detention and the concomitant uncertainty over status.
It is this uncertainty that asylum seekers have indicated is at the root
cause of fire and property destruction in November and hunger strikes
and incidents of self-harm in late January. This is not an appropriate
environment for children.
The Commission has
written to Immigration Minister Mr Philip Ruddock bringing these breaches
to his attention. The Commission now awaits the Minister's response as
to how these breaches will be immediately rectified.
Janine MacDonald: 0408 469 347
updated 6 February 2002.