Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National
Inquiry into Children in Immigration Detention from
Catholic
Diocese of Parramatta
Diocese of Parramatta
The Diocese of Parramatta covers the western part of
Sydney including Castle Hill, Mt Victoria, Penrith, Blacktown, the Mt
Druitt area, Windsor and Warragamba. It is a very multicultural area with
a large indigenous population.
Villawood Detention Centre lies just outside boundaries
of the Diocese but is regularly visited by the parish priest of Merrylands
and other members of the diocese. In collaboration with the NSW Ecumenical
Council the Diocese supports the House of Welcome providing
emergency accommodation for those recently released from Villawood Detention
Centre. Plans are underway for a drop-in centre for Asylum Seekers at
Carramar, purchased and refurbished by the Franciscan Friars.
Principles
As a Catholic Diocese striving to live out the
gospel principles of welcoming the stranger and offering compassion
and support to the most vulnerable in our society, we are particularly
concerned for the welfare of children currently in Detention Centres.
Our concerns are grounded in the following general principles espoused
by a number of Catholic agencies with involvement in Refugee and Asylum
Seeker issues:
The Church….. hears the suffering cry of all
who are uprooted from their own land, of families forcefully separated,
of those who, in the rapid changes of our day, are unable to find a stable
home anywhere… Pope John Paul II message for World Migration
Day 2000
The problem of refugees must be confronted at its
roots…. the first point of reference should not be the interests
of the State or national security but the human person so that the need
to live in community, a basic requirement of the very nature of human
beings will be safe guarded Pontifical Councils for Cor Unum “Refugees
a challenge to solidarity” p.11
All people have the right to seek and enjoy in other
countries asylum from persecution”
Universal Declaration of Human Rights, Article 14(1)
“In every situation affecting the interests
of a child or a family, the interests of the child must come before all
others”
Convention on the Rights of the Child, Article 3
“The widest possible protection and assistance
should be accorded to the family, which is the natural and fundamental
group unit of society”
International Covenant on Economic, Social and Cultural Rights,
Article 10(1)
“No one shall be subject to arbitrary arrest
or detention”
International Covenant on Civil and Political Rights, Article
9
“No one shall be subjected to torture, or to
cruel, inhuman or degrading treatment or punishment”
International Covenant on Civil and Political Rights, Article
7
“Contracting states shall not impose penalties,
on account of their illegal entry or presence on refugees who, coming
from a place where their life or freedom was threatened…are in their
territory without authorisation…”
Geneva Convention Relating to the Status of Refugees, 1951, Article
31(1)
Recognising Australia’s commitment to these conventions
and to the basic principles of the Common Law, the Diocese of Parramatta
promotes the following principles as a necessary beginning to any debate
on an Humanitarian and Refugee program in Australia:
- Australia is
part of the international community and has, voluntarily and in the
spirit of humanitarianism, undertaken its responsibilities towards refugees;
- As a wealthy and
stable nation, we share a responsibility for the weakest in the world
community;
- Australia is entitled
to protect its territorial integrity in ways that are consistent with
its international obligations and undertakings, and its domestic law
and legal principles;
- To deter others
from seeking asylum in Australia no refugee or asylum seeker may be
subject to punishment, mistreatment or other human rights violations;
- Refugees and asylum
seekers, intercepted on their way to Australia, will be treated with
dignity and respect and not be subjected to physical violence or threats
of physical violence;
- Under no circumstances
will a refugee or asylum seeker be diverted to a country that is not
party to the 1951 convention or to major human rights treaties and is
unable to support their presence with dignity;
- Aid funds will
not be diverted from development projects to underpin the detention
and processing of asylum seekers in other countries
- Non-citizens
in Australia will only be detained after an individual assessment of
their risk to public security or safety. All periods of detention must
be reviewable by a court and must be for the shortest possible time.
- Any asylum seeker
in detention is entitled to be treated humanely with respect for his
or her human dignity. The standards in detention will be no less than
prisoners are entitled to.
- Asylum seekers
who are accepted as Convention refugees are entitled to family reunion.
- Asylum seekers
accepted as refugees will be granted permanent visas.
Declaration of the Rights
of the Child
(As adopted by the General Assembly of the UN in 1959. Australia, as a
founding member of the UN and a long time active participant in the development
of International Human Rights norms is bound by this Declaration as it
is to other foundations of the International Human Rights system.)
Principle
2
The child shall enjoy special protection, and shall be given opportunities
and facilities, by law and by other means, to enable him/her to develop
physically, mentally, morally, spiritually and socially in a healthy and
normal manner and in conditions of freedom and dignity. In the enactment
of laws for this purpose, the best interests of the child shall be the
paramount consideration.
A child, incarcerated,
for long periods behind locked gates and rolls of razor wire, in a detention
centre, enjoys neither special protection nor the opportunity
to develop in a healthy and normal manner. Best child development
practice indicates a need for children to have a secure and nurturing
environment, with freedom to play, access to a variety of experiences
and the support of stable and loving relationships, preferably those of
their parents. On being asked whether the Detention Centres had the best
interest of the child at heart a chaplain responded: “Children
aren’t considered. Detention seems to be all that is thought about.”
Principle 4
The child shall enjoy the benefits of social security. He/she shall
be entitled to grow and develop in health; to this end, special care and
protection shall be provided both to him/her and to his/her mother, including
adequate pre-natal and post-natal care. The child shall have the right
to adequate nutrition, housing, recreation and medical services.
Perhaps of greatest
concern in the current detention system is the mental health of children.
Reports in the media, from the College of Psychiatrists, and from regular
visitors to the detention centres, indicate that many children in detention
are adversely affected by the depression and desperation of their parents
[1], by their exposure to the inevitable tensions and
violent outbreaks associated with incarceration in a limited space and
by the attempts of other detainees to harm themselves or to attempt suicide.
Fr Frank Brennan, in an address at the opening of Uniya, spoke of young
boys at Woomera proudly showing the scars of their attempts at self-harm.
Children are frequently depressed and anxious responding to the world
around them with “sadness, lack of energy and disinterest”.
Principle
6
The child, for the full and harmonious development of his/her personality,
needs love and understanding. He/she shall, wherever possible, grow up
in the care and under the responsibility of his/her parents, and, in any
case, in an atmosphere of affection and of moral and material security:
a child of tender years shall not, save in exceptional circumstances,
be separated from his/her mother. Society and the public authorities shall
have the duty to extend particular care to children without a family and
to those without adequate means of support. Payment of State and other
assistance towards the maintenance of children of large families is desirable.
The insecurity of
their situation and the length of time behind locked gates and razor wire,
compound the trauma and anxiety of asylum seeker families. In Australia,
unlike a number of receiving countries, there is no legal limit to the
length of time a child can be detained. Most asylum seeker children spend
a minimum of 6-12 months in detention centres. Amnesty International notes
the case of a 5 year old boy, released last year, who had spent his entire
life in a detention centre. One of the problems experienced by children
in detention centres is connected to the care and responsibility of
parents. In highly institutionalised structures, housing several
hundred people with large-group eating, sleeping and gathering facilities
the family unit, which, under normal circumstances, provides nurture,
stability, security and care, is seriously undermined. Given the structures
of the centres and the role of the ACM security personnel, authority is
taken from the parents and placed in the hands of the guards. It is the
ACM guards who escort children to school, determine where they can or
cannot go, decide whether they are sick and define the rules for everyday
living. Respondents to the ACLRI/CLRI questionnaire reported that some
children by-passed their parents when seeking permission; were deemed
to be out of control and, on release, experienced considerable
difficulties in adapting to their parents’ traditional role of authority.
It is, in the view
of the Diocese of Parramatta, the responsibility of the Minister for Immigration
to take particular care of the children under his jurisdiction. If parents
are prevented from exercising the duty of care for their children, by
the current policy, which requires long periods of incarceration, then
the Minister must assume this duty of care and do everything he can to
support the family unit. Of particular concern to the Minister must be
the 50 or so unaccompanied minors who are totally reliant on him for their
needs.
Principle
7
The child is entitled to receive education, which shall be free and
compulsory, at least in the elementary stages. (They) shall be given an
education, which will promote their general culture and enable them, on
the basis of equal opportunity, to develop their abilities, their individual
judgement, and their sense of moral and social responsibility, and to
become a useful member of society.
The best interests
of the child shall be the guiding principle…..
The child shall
have full opportunity for play and recreation…..
It is our understanding that children in detention centres do not, necessarily,
have regular access to education, despite DIMA’s Immigration Detention
Standards para 9.4.1, which states that, “social and educational
programs appropriate to the child’s age and abilities are available
to all children in detention.” The provision of education for children
of secondary school age is totally inadequate and always held behind the
fence of the detention centre. One of the regular visitors to a centre
reported: “Classrooms are inadequate, not welcoming, usually
used for other things” Appropriate stimuli and opportunities
for learning, experimentation and expression are essential if a child
is to develop and grow. It is of fundamental importance that children
in Detention Centres are given opportunities to learn about their own
language and culture as well as learning about the culture and language
of Australia. At present these children have no freedom to visit, play
and socialise with other children outside the centre. Visitors to centres
at Woomera and Curtin frequently comment on the bare, barren landscapes,
which are devoid of trees, plants or any equipment that might stimulate
the imagination and creativity of children. One respondent noted there
is nothing healthy about that place – people bring the children
toys, but there is no softness, no beauty, no gardens, NO FREEDOM.”
In an article in The Lancet, the authors stated, in regard to
Woomera, “there are few recreational facilities for children…one
swing was observed for about 50 children.” [3]
As noted earlier the usurping of the parent’s traditional role
of nurture and authority leaves children without the mentors and role
models essential for the development of moral and social responsibility.
For children to grow and mature, opportunities for exercise, team sports,
creative activity are important, as are opportunities to demonstrate responsibility
for tasks within the home environment.
It is, we believe, a terrible indictment of stable, democratic and affluent
Australia that children should leave detention centres with little or
no preparation for the world they are to encounter.
Principle
9
The child shall be protected against all forms of neglect, cruelty
and exploitation…..
In all decisions
regarding children their interests must be a primary consideration
(art.3). There is little or no evidence to indicate that current
legislation and practice gives anything, other than minimal consideration
to the needs of asylum seeker children in detention centres. It could
be argued that keeping children for periods of six months or more in detention
centres with:
- limited access
to educational and recreational facilities,
- an atypical, if
not destructive, family structure
- extremely limited
access to psychological support and counselling
- exposure to violence,
unrest, self-harm
- increased risk
of sexual and physical abuse (HREOC observed that the detention environment
places children at risk of sexual and physical abuse. (quoted Mares
p.33) [4]
- unfamiliar and
institutionalised food
- cramped, crowded
or inadequate living conditions
amount to neglect
and possibly cruelty and exploitation. One frequent visitor to a detention
centre wrote: the welfare of the children is not even thought of!
They receive nothing! No love, no care, no education, no toys, nothing
from the guards – only from each other…
Conclusion
– it is the view of those compiling this report for the
Diocese of Parramatta that current practices for dealing with children
in detention centres are in contravention of the Declaration on
the Rights of the Child and the Convention on the Rights of the Child
and the best interests of the child receive scant consideration.
In their recent statement the Bishops of Australia stated that the
human dignity of people seeking refuge from persecution must be reflected
in our nation’s policies. Of great concern to us is the apparent
lack of compassion and care for these extremely vulnerable, traumatised
and needy children.
The Convention on
the Rights of the Child recognises that the child, for the full and
harmonious development of his or her personality, should grow up in a
family environment, in an atmosphere of happiness, love and understanding.
The Catholic Church regards the family as the original cell of social
life…the natural society in which man and woman give themselves
in love and the gift of life (Pope John Paul II). This being the
case it seems that the best way to care for asylum-seeker children is
not to detain them and their families.
According to the Convention the detention of children should be a measure
of last resort and subject to periodic judicial review. From the research
we have undertaken and the inquiries made, asylum seeker children are
automatically detained, can be kept indefinitely and their detention is
not subject to periodic review. These are serious breaches of human rights.
Recommendations
1. That the important
role of the family, in the nurture, support and care of the child, be
recognised in the development of best practice for the children of asylum
seekers.
2. That every effort be made to keep the family together, in detention
centres or out of them.
3. Given the importance of a loving supportive environment for a child’s
development we urge the investigation of non-custodial measures for
monitoring asylum seekers during the investigative and processing phases.
4. If it is necessary to keep children in detention for some extended
period of time they must be provided with opportunities for education,
language learning and creative expression. The best way of dealing with
this would be for them to attend school in the local community.
5. Ensure that the children of asylum seekers have access to adequate
medical, dental and psychological assistance.
6. That children must never be housed in conditions which unnecessarily
expose them to physical or sexual abuse.
7. That HREOC requests the Minister to require the training of ACM staff
in skills necessary for the handling of families struggling with trauma.
8. That HREOC request the Minister to actively encourage greater flexibility
in detention centres including allowing parents to prepare food for
their children.
Silove, Sinnerbrink, Field, Maniccavasagar & Steele, Anxiety, depression
and PTSD in asylum seekers…British Journal of Psychiatry (1997)
indicates that the asylum seekers studied were a vulnerable group who
manifested an array of anxious, depressive and post-traumatic symptoms(p.356).
2. Becker & Silove, The Psychological and Psychosocial
Effects of Prolonged Detention in Detention or Punishment p.83
3. Loff, Snell, Creati, Mohan, “Inside” Australia’s
Woomera Detention Centre, The Lancet vol. 359, February 2002 p.683
4. Mares, Peter, Borderline, UNSW Press, 2001
Last
Updated 14 July 2003.
