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This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department).

Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law.

This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it has been clearly demonstrated that refugee children and adolescents are vulnerable to the effects of pre-migration, most notably exposure to trauma.

Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions

Dr Sev Ozdowski was appointed Human Rights Commissioner in December 2000 for a five year term. He is also the acting Disability Discrimination Commissioner.

1. BACKGROUND TO UNAA's CONCERN 2. THIS INQUIRY 3. AUSTRALIA'S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 4. MANDATORY DETENTION OF CHILDREN, and ALTERNATIVES 5. CHILD ASYLUM SEEKERS IN DETENTION AND THE COMMUNITY 6. IMPACT OF DETENTION ON THE DEVELOPMENT OF CHILDREN 7. MEASURES REQUIRED TO PROTECT INTERESTS OF CHILDREN 8. MEASURES FOR PROTECTING INTERESTS OF CHILD ASYLUM SEEKERS AND REFUGEES 9. CONCLUSION 10. RECOMMENDATIONS

back to contents Chapter 5: Addressing family violence in Indigenous communities There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address its impact. The intensive scrutiny and public awareness of this issue has not, however, led to sufficient commitments of resources and effort to date.

This is an Inquiry into discrimination against same-sex couples regarding access to financial and work-related entitlements and benefits. Many of Australia’s laws exclude same-sex couples from financial and work-related entitlements and benefits that are enjoyed by heterosexual couples. For example, same-sex couples do not enjoy the same tax and health concessions as other de facto couples and they may not have the same rights to pensions and other social security benefits as heterosexual couples.

DR OZDOWSKI: This is one of a series of hearings to be conducted around Australia. My name is Dr Sev Ozdowski and I am the Human Rights Commissioner and I am assisted in the Inquiry by two colleagues of mine, Mrs Robin Sullivan who is to the left of me, the Queensland Children's Commissioner. To the right of me is Dr Trang Thomas who is a Professor of Psychology at Melbourne Institute of Technology. Also at the table is sitting Ms Vanessa Lesnie who is Secretary to the Inquiry.

Audit of Initiatives Related to Police and Muslim Communities AGENCY PROJECT DURATION COMMONWEALTH COMMONWEALTH SECRETARIAT Commonwealth Manual for Human Rights Training of Police This manual is designed to help Commonwealth Governments promote an understanding of and respect for human rights. The manual provides strategies and training programs to equip and enable police services to better deal ...