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Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure constituted a breach of her human rights pursuant to article 10(1) of the International Covenant on Civil and Political Rights.

According to National Ethnic Disability Alliance (NEDA) as of 5 February 2002 there were 16 children with disabilities such as vision impairment, acute dwarfism, trauma, Perthes disease, cardiac, asthmatic and genetic disabilities residing in detention centres (Port Hedland and Woomera). This number does not include any of the detained refugees on the Pacific Islands like Nairu, Christmas Islands and other Australian detention centres in third countries.

Contained in this document are recommendations from students of Amnesty International’s School’s Network who believe that the current system of undocumented asylum-seeker processing is inadequate. In this proposed procedure, both detention centres and the Temporary Protection Visa are abolished and are replaced by a system that is better (economically, socially, and psychologically) for both refugees and the Australian public. In it, special provisions are made to further protect children and minimise the stress involved in settling in Australia for them.

Attached please find my submission to this Inquiry. It expresses my concerns as a private citizen with the current detention and treatment of refugee children.

For further information contact: Damian Griffis Senior Policy Officer - Systemic Advocacy People with Disabilities (NSW) Inc PO Box 666 STRAWBERRY HILLS NSW 2012 Telephone: (02) 9319 6622 Facsimile: (02) 9318 1372 Email: damiang@pwd.org.au

1. Save the Children Save the Children is the world's largest independent child development organisation, with 32 member countries and programs in over 100 countries. Save the Children works for:

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights.

I looked up and saw a long line of men, women and children waiting to have their blood taken. I was standing beside a small table in a RAAF tent with a co-worker. It was 40 degrees Celsius in the Kimberly November humidity. Both ends of our tent were open in a vain attempt to get a breeze through as we worked side by side with flies buzzing around our faces and hands and sweat running down our bodies. This was my first impression of a detention centre.

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, titled Ampe Akelyernemane Meke Mekarle: ‘Little Children are Sacred’.

The adequacy and effectiveness of the 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