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The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally, recommendations to address those concerns are listed. The Law Society welcomes any future opportunity to address any specific matters in greater detail at the request of HREOC.

The international human rights norms against which practices of racism and discrimination against Indigenous people must be judged are the guarantees of equality before the law and racial non-discrimination. These norms are recognised in every major international human rights treaty, convention and declaration. They are recognised and protected in the following instruments to which Australia is a party.

This submission has been produced by the Queensland Program of Assistance for Survivors of Torture and Trauma (QPASTT) and the Youth Advocacy Centre (YAC). The submission is also endorsed by a number of individuals and organisations working directly or indirectly with asylum seekers and refugees (See list on page 2). Their staff hear similar stories and reports from their clients and have come to similar or the same conclusions as those in this report.

“I saw an Afghani guy cut his own throat in my compound – he was working with me in the kitchen that day, and after work, he went outside and he cut himself up everywhere. It was really hard. Even the officers started crying when this happened”. [17–year–old asylum-seeker]

The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement.

The Hon. Catherine Branson was appointed President of the Australian Human Rights Commission on 7 August 2008 and commenced her five year term on 14 October 2008. On 12 July 2009 she additionally became the Human Rights Commissioner.

The meeting was attended by Susanna Iuliano and Omeima Sukkarieh from HREOC and by 7 invited participants from the Muslim Lawyers’ Group. The group is an informal social network (formed in late 2002) of Muslim lawyers practising in Melbourne.

<h2><strong>2 Background and framework for human rights promotion and protection</strong></h2> <h3><strong><em>2.2 Scope of international obligations</em></strong></h3> <ol> <li>The Commission recommends that Government expedite the ratification of OPCAT and establishment of a National Preventive Mechanism for places of detention.</li> <li>The Commission recommends that the Parliamentary Joint Standing Committee on Treaties conduct a National Interest Analysis on ratification of ILO Convention 169, Migrant Workers Convention and Optional Protocols for communications under ICESCR and CRC.</li></ol>

<p>A total of 239 submissions were received by the Inquiry. Of these:</p> <ul> <li>105 were public submissions;</li> <li>69 were public submissions with name withheld; and</li> <li>65 were confidential and were not published.</li> </ul> <p>The following are all public submissions received by the Inquiry. These submissions have been made available on the Commission website.</p>

These Principles were developed by a forum of Indigenous people from Australia's major mineral resource regions, held in Alice Springs in May 2002. Participants had a depth of experience and expertise in areas across the country, but the process did not make any claim to represent a national Indigenous view. The forum was co-hosted by the Aboriginal and Torres Strait Islander Social Justice Commissioner (Dr Bill Jonas) and Professor Ciaran O'Faircheallaigh on behalf of Griffith University and facilitated by Indigenous lawyer, Robynne Quiggin.

While the role and functions of HREOC as set out in legislation are primarily directed towards human rights issues within Australia, HREOC undertakes an international education and training role, with a specific focus on agencies in the Asia Pacific region.

<h3>A</h3> <dl> <dt>AAT</dt> <dd>Administrative Appeals Tribunal</dd> <dt>ACARA</dt> <dd>The Australian Curriculum, Assessment and Reporting Authority is the independent authority responsible for the development of a national curriculum, a national assessment program and a national data collection and reporting program.</dd> <dt>ACCI</dt> <dd>Australian Chamber of Commerce and Industry</dd> <dt>ACHRA</dt> <dd>Australian Council of Human Rights Authorities</dd> <dt>ACT</dt> <dd>Australian Capital Territory</dd> <dt>ACTU</dt> <dd>Australian Council of Trade Unions</dd> <dt>ADA</dt></dl>