Commission Website: National Inquiry into Children in Immigration Detention
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Submission to the National Inquiry
into Children in Immigration Detention from
Rev
Dr Andrew Ford
National Inquiry
into Children in Immigration Detention: children’s right to profess and
practice religion freely
Rev Dr Andrew Ford
(Formerly of Broome Anglican Church, Broome WA)
Associate Minister
[address removed]
This is a brief submission
outlining some specific instances of infringements on the child’s rights
to profess and practice religion freely while being detained in the Curtin Immigration
Reception and Processing Centre, WA, between October 2001 and August 2002.
Many of the incidents which
I comment on here affected all the Christian within the Curtin IRPC, both adult
and children, but of special relevance to this report is the impact they have
on the freedom of the children to profess and practice the Christian faith in
detention.
1. Issues of reduced
access to Christian pastoral care and authorised church personal.
- Permission for each
visit to the Curtin IRPC had to be sought (in writing- usually FAX or email)
prior to the visit.
- Visits were not permitted
during weekdays (see Appendix I). This severely restricted my access. Broome
is approximately 200km from Curtin IRPC, which meant that I could not perform
my duties in Broome on Sunday and also visit Curtin IRPC. This meant Saturday
was the only possibility for the Christians to have formal Christian services.
- On many occasions, subsequent
to initial permission being granted for my visit, it was revoked without any
real explanation, only a generic one (‘operational concerns’).
This meant that for the Christian children would be expecting to go to a church
meeting, and as late as the day before being told that it had been cancelled
(often without any explanation).
- The other implication
of these unexpected.
- When access was granted,
the Christians within the centre were not allowed to meet as one group.
- This meant only groups
of 20 (and sometimes 25) were permitted at any one time. As a result the children
of Christian parents who would come to these gathering were never present
all together. This in conjunction with the short duration allowed by ACM to
meet with each of these groups, meant that special teaching activities specifically
for children were not able to be included.
- This also reduced informal
personal contact time where children were able to openly share there concerns
and needs (spiritual, emotional, or physical) with me as there Christian minister.
This would be a normal part of church life in the Australian Christian context.
- This restricted meeting
protocol was in sharp contrast to the more freely practice majority religion
in the centre, who, although no special arrangements were made for them, were
able to meet without special permission due to their numbers within the body
of the camp.
- It had been reported
to me by Christian detainees, that on some occasions when they had previously
tried to meet with the body of the centre, certain elements within detainee
population would disrupt there meeting, with verbal abuse (religious vilification,
and threats of violence to those attending) and sometimes actual physical
violence (objects thrown into the meeting).
2. Issues concern lack
of adequate facility for Christian meetings.
- For many months Christian
meetings were only allowed in an outdoor are with little shade. Considering
the climatic conditions at Curtin was less than satisfactory and meant in
particular that children had to suffer very hot and often very humid conditions
to come and participate in the church activities.
- When a room was finally
provided its unavailability (due a visit to the centre by ‘visitors
from Canberra’ see Appendix II) was on one occasion used for the cancellation
of the entire days meetings. This was despite the fact that we had for many
months meet outside and were more than willing to do this again (even though
it was no fully appropriate from a facility point of view).
3. Issues concern privacy
and disclosure of personal details of Christian children.
- Both ACM and DIMA would
often resort to the stringent privacy concerns to reduce any information being
communicated between myself and detainees within the centre. These privacy
provisions were violated however both implicitly and explicitly by ACM and
DIMA.
- Meetings which I attended
were not permitted in the body of the centre (for security reason, it was
said), and detainees would have to be transferred within the centre to a reception
area for the services.
- Because only small groups
were allowed to meet at any given time. Detainees would have been informed
of the service times and arrangement by ACM. This on a number of occasions
did not happen. As a result I would arrive (having driven from Broome- 200km)
and detainees would be unaware of my visit and not assembled to be transferred
to the meeting location.
- To seek to rectify
this lack of adequate communication by ACM to the Christian detainees, ACM
took the extraordinary step of openly publishing (and posting on general notice
boards within the centre) the names and ID numbers of each of the Christian
detainees. This list was for the purpose of informing the Christians of when
they were allowed to go to church on that given day. Other detainees removed
this list almost immediately, and then detainees were harassed and threatened
with this official recognition of their Christian status. Both within the
centre by other detainees and also in the sending of this information back
authorities in there country of origin. This list contained names of both
adults and children who professed Christianity as there religion.
4. Issues concerning
religious practice within the centre.
- The sacraments of Baptism
and Holy Communion were severely restricted in the Curtin IRPC.
- Although there is an
official DIMA policy on the baptism of Christians (in my understanding to
be done at the discretion of the authorised Christian minister). It was clearly
articulated by a senior DIMA official within Curtin that I was not to baptise
anyone until after their case had been heard and determined in the Federal
court. The reason given for this was that DIMA were responsible to not influence
this legal process by actions which happen whilst detainees were in the centre.
This however contradicts other statements made to detainees and me that the
baptism of a detainee would in no way affect their immigration case.
- Although not all children
would participate in Holy Communion, the practise of it by their parents and
adolescence is important for their education and the life of the Christian
community. Restrictions were placed on the practice of Holy Communion. Specifically
the type of wine which was permitted at the centre.
5. Issues of inconsistency
across Australian detention centres.
- Another issue of relevance
to this report is the obvious inconsistency across the DIMA facilities and
ACM run centres.
- Inconsistencies in access
to detainees by Christian ministers.
- Inconsistencies in
type frequency of Christina meetings.
- Inconsistencies in
attendance restriction and facilities provided
- Inconsistencies in
the all the above and the corresponding activity amongst the religious majority
in Australian IRPCs.
Submitted in good faith that these recollections are a true and accurate record
of the issues outlined.
Rev Dr. Andrew
L. Ford
Appendix I: Restricted access
Dear Mr Ford
As stated in previous emails,
your visit is approved, provided that the visit takes place on a Saturday or
Sunday. The hours you would be able to enter the Centre to conduct the Services
are; 0800hrs to 1200hrs and,1400hrs until 1700hrs. The two hour break is to
facilitate the detainees and Staff lunch periods.
[name removed]
Operations Manager
Curtin IRPC
-----Original Message-----
From: Andrew Ford [address removed]
Sent: Thursday, 16 May 2002 7:18 PM
To: CIRPC Ops Support
Subject: RE: Christian services in CIRPC
Dear sir,
Thank you for reiterating
your earlier statement. Did you speak to [Department Manager] or an appropriate
DIMA officer about their previous agreement for such meetings? If so did they
indicate that you should refuse my request? If so are you telling me that they
have changed there earlier approval of this sort of Christian meeting occurring?
Or is this a decision made by ACM management at Curtin? As you will be aware
the right of religious groups to meet within our country is a right not a privilege
and is guaranteed under the constitution. By not allowing this right and lawful
meeting, are you claiming some higher authority over the rights of these detainees
under our constitution?
Be assured I will be pursuing
this with [Department Centre Manager] and DIMA.
Please inform what hours
I am allowed under your criteria to be in the centre visiting and conduct lawful
Christian worship service?
Your sincerely
Rev Dr. Andrew L Ford
-----Original Message-----
From: CIRPC Ops Support [address removed]
Sent: Thursday, 16 May 2002 3:28
To: Andrew Ford
Cc: [ACM Centre Manager]
Subject: RE: Christian services in CIRPC
Dear Mr Ford,
My statements in the earlier
e-mail are still valid. If you wish to meet with this number of persons on a
weekday, then I am sorry, but the visit cannot be approved.
[Name removed]
Operations Manager
Curtin IRPC
-----Original Message-----
From: Andrew Ford [address removed]
Sent: Thursday, 16 May 2002 3:19 PM
To: CIRPC Ops Support
Subject: Christian services in CIRPC
-----Original Message-----
From: CIRPC Ops Support [address removed]
Sent: Thursday, 16 May 2002 12:22
To: [address removed]
Cc: [ACM Centre Manager]
Subject: Requested Visit
Dear [ACM Operations Manager]
I have had this conversation
about holding services during the week already (with both ACM and DIMA), and
[Department Manager] the DIMA manager at the centre has assured me that this
timing will not be the problem, and should happen. Therefore I wish to meet
on the weekdays (as happens in other ACM run IRPCs in Australia). Smaller groups
will be possible, although group of 25, as we were having two months ago should
still be able to be catered for. This would mean 3 groups instead of four, and
being able to see all people in one day and before dinner (rather than being
in the centre and running services at night). The claim that detainees will
not come to morning services is without good reason I think, as they have in
the past (both during the week and on the weekend) attended morning services.
Please inform me ASAP of what arrangements you have made to allow me to come
on either Monday or Tuesday of next week. If this is an operational issue please
speak to the DIMA representative and have them confirm to me the reasons for
rejecting this request to come to the centre.
Your sincerely
Rev. Dr. Andrew
L. Ford
Dear Mr Ford,
[Name removed], the Curtin
IRPC Welfare Coordinator, has passed your letter on to me for approval. Whilst
the visit in principle, is approved, the visit cannot however take place during
the week.
A visit for this large number of
detainees would not be operationally possible and would be a major disruption
to the Centres normal routine.
I would suggest that you
rearrange your visit to occur on a Saturday or Sunday and it would also be advisable
to break the group up into smaller groups of 20 and conduct several sessions.
ACM will advise the detainees
that you are visiting and then it will be up to them if they wish to attend.
The majority of detainees do not rise in the mornings, so any visit before one
or two o'clock could be poorly attended.
Could you please advise
the following:
1. Which Saturday or Sunday
you wish to visit?
2. Times you wish to hold services? and,
3. Groupings (of no more than twenty) of detainees you wish to see.
Thank you for your interest,
[Name removed]
Operations Manager Curtin IRPC
Appendix II: Copy of one of the
cancellation notifications
-----Original Message-----
From: ACM staff member [address removed]
Sent: Thursday, 8 August 2002 1:35
To: [Andrew Ford]
Subject: Christian Worship Service
Dear Andrew
I have just been approached
by [name removed] from DIMIA and unfortunately she has just informed me that
this weekend the room that you hold the service will be used for a conference
with visitors from Canberra. So this weekend will have to be cancelled and rescheduled
for a later date.
Sorry for the inconvenience.
[ACM staff member]
Last
Updated 30 June 2003.