Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National
Inquiry into Children in Immigration Detention from
Ms Camilla Cowley re: Issues
for Tiger 11 Unaccompanied Minors in and following detention
The conditions under which
children are detained
The prison atmosphere
of Australia's detention centres and the impact this had upon the UAMs
The traditional enemy
ethnicity and active opposition of the interpreters employed by DIMA
The lack of coherence
and logic in decisions as regards detainees ethnicity and the veracity
of their stories - primary decision makers failure rate as compared to
RRT decisions which saw many boys kept in detention for up to 12 months
longer than boys who arrived at the same time from the same area on the
same boat - some friends still remain in detention today up to two years
later when the boys know they are Hazara with the same history and the
same claim to protection - leading to complete distrust in the whole system
The difficulty in
gaining access to medical attention
The attitude of some
of the ACM staff - controlling by fear
The conflicting roles
of guardian as jailer and carer
The prevailing climate
of lack of basic rights while in detention
Health and Education impacts
of detention and TPV
Incidence of migraine
in UAMs expressing unacceptable levels of tension relating to their Temporary
protection - no certainty re their future impacting upon their present
ability to cope.
Unacceptably high
level of depression exhibiting in drop out rate and difficulty in maintaining
commitment to studies, school attendance, keeping appointments, committing
to future events or even deadlines for assignments etc.
Difficulty with concentration
inhibiting their learning ability, lack of ability to retain information.
The lack of incentive
towards working to achieve YR 12 pass as tertiary education is not available
for Temporary Visa refugees under HECS - loss of hope, loss of enthusiasm,
hard to maintain the struggle to achieve against the odds when there is
no perceivable reward for effort
Tendency to over
sensitivity to health concerns - bordering on hypochondria exhibiting
the need to control some aspect of their lives in the void of uncertainty;
or an expression of the depth of fear in the vulnerability of their situation
if their health fails - Australia doesn't want them and would want them
even less if they are unhealthy
High incidence of
stress related health issues eg skin complaints, stomach pain, severe
indigestion, gastric reflux, low weight - poor immune levels
Difficulty with concentration
inhibiting their learning ability, lack of ability to retain information
Inhibited ability
to trust; tendency to be suspicious or fearful of authority in all forms
; believe they are being watched and judged for failure or any criticism
of government - no belief in their freedom of speech.
Guardianship Issues
Conflict between
their ultimate guardian being also their perceived jailer and the one
most responsible for the policy which sees them under temporary protection
and seen as criminals for seeking asylum under the only manner available
to them.
Their parent figure is their greatest detractor in their eyes and the
dreadful conflict this brings to their lives is exacerbated by the loss
of their own families either through separation of miles or death of parents
- no knowledge of fate of families left behind and knowing they can never
return to find family fate and return to safe haven here leaves them torn
between fear for their lives and love of family. They feel they are deserting
their family but fear being forcibly returned to an unknown but almost
certainly dangerous situation - an impossible internal conflict for which
they see the Minister Mr Ruddock as ultimately responsible in overseeing
a policy not allowing family reunion. No access to family because of their
surrogate family ie guardian, and no access to assisting their family
to also find safe haven here.
In Qld, they have
a good relationship with the Minister responsible for their immediate
welfare but see her as unable to exert influence on their behalf in visa
issues
Overview
Those who spent least
time in detention have better mental and physical health, have a greater
ability to maintain hope and trust. This bears out calls for the detention
to be reduced as far as possible if not possible to have it abandoned
altogether especially for children. For many of the Tigers, it has taken
months of care and attention to restore some level of equilibrium which
is now being threatened by talk of forced repatriation destabilizing the
fragile balance built over a long period. They need some certainty in
their lives to recover from the impact of detention, the shock of the
prison atmosphere, the labeling as 'illegals', the lack of sympathy, absence
of belief in their refugee status, the lottery type decision making process
as to who is or is not a refugee. They all have histories of trauma and
often torture and the present regime almost entirely destroys their ability
to recover from this history in the dreadful uncertainty inherent in this
policy.
The children of Tiger
11 have little ability to plan or work towards a future which could give
them something to hold onto in the loneliness of loss of family and loss
of connection to their home country. The September 11 terrorism has brought
grave repercussions upon them in the community where there is no recognition
in many areas, including government, that these boys are here trying to
escape the same terror in their own lives. Feeling unable to express their
concerns and their grief for fear this will impact upon decisions made
on their future here in Australia, traps them in an internalized world
of alienation, fear, anger, distrust that is destructive of hope, health
and long term development. The detention regime begins the dehumanizing
process which is exacerbated by the Temporary Protection Visa system which
follows.
No human being should
be subjected to the present Australian policy on asylum seekers and for
children, it eats away at their ability to develop towards their potential,
having debilitating effects upon that development long after they have
left detention, exaggerated by the grudging granting of temporary haven
only with the implied threat of forced return and the accompanying grudging
access to rights to education, health and pursuit of happiness.
Last
Updated 9 January 2003.