Boat Arrivals, Australia and Human Rights

Australia’s policy of imprisoning all asylum seekers who travel to Australia by boat has been strongly criticized by human rights supporters. During a visit to Australia in May 2011 the United Nations High Commissioner for Human Rights, Navi Pillay, urged the Australian Government to end the mandatory detention policy. Amnesty International has repeatedly condemned the policy, saying Australia needs to do more to protect the rights of asylum seekers and refugees. Despite this, it is unlikely that the policy of mandatory detention will be changed.

Partly responding to the criticism of human rights campaigners, the Australian Government announced that asylum seekers arriving by boat could be granted Bridging Visas in November 2011. The Bridging Visas would allow asylum seekers to live in the community while their applications for refugee status were decided. According to the Immigration Department, however, bridging visas are granted on a case by case basis and priority is given to the most vulnerable and those who have been in detention for a long time. The behavior of asylum seekers in detention is also taken into account. Since November only 107 asylum seekers have been let out of detention on bridging visas and 4,409 people remain locked up.

The possibility of Bridging Visas for asylum seekers arriving by boat is a step towards a more gentle response to boat arrivals but it does not mean the end of compulsory detention. Historically, Australia’s policies towards boat arrivals have got harsher when the number of people arriving by boat increases. Mandatory detention laws were introduced in Australia in 1992 by the then Labor government in response to the increasing numbers of asylum seekers from Vietnam, China, and Cambodia trying to reach Australia by boat. The law said that Australian Courts were not allowed to review the decision to detain asylum seekers but said that they could not be detained for longer than 273 (approximately nine months). In 1994 the same government changed the law again, making it even harsher by ruling that mandatory detention could last indefinitely for anyone who came to Australia by boat without a valid visa.

In 2001, in response to the increasing numbers of asylum seekers arriving by boat, the then Liberal Government (led by John Howard) introduced the Pacific Solution. Before 2001, the highest number of asylum seekers boats to arrive in Australia was 19, carrying a total of 660 asylum seekers. In 2001, 43 boats arrived carrying 5,516 asylum seekers. Responding to this increase, the Australian government declared that the Australian islands between Indonesia and the Australian mainland were no longer part of Australia’s migration zone and all asylum seekers arriving by boat would be taken to a detention centre on the tiny island of Nauru. Many of the asylum seekers in Nauru were detained for years. The number of boats arriving dropped dramatically.

In 2008, the newly elected Labor government (this time led by Kevin Rudd) announced that it was ending the Pacific Solution but that some aspects of the detention system would stay the same. Asylum seekers arriving by boat would still have their refugee status determined offshore (on Christmas Island) but they would be let out of detention faster. In October 2010, the new Labor Prime Minister, Julia Gillard said that more changes would be made to the policy so that children and families could stay in community-based accommodation instead of the detention centre. However, since 2008, the number of boats arriving has steadily increased. In 2010 134 boats carried 6,879 asylum seekers to Australia.

Because the numbers of asylum seekers have increased so dramatically, it is likely that mandatory detention will continue to be used as a deterrent. Both of the major political parties in Australia remain convinced of the need for offshore processing and are just debating about where it will take place. The detention center in Nauru is one of the options being discussed. Amnesty International has said that the prospect of reopening Nauru is “horrifying” because “asylum seekers were locked up for years, away from lawyers, media, human rights advocates and community support. They were often not given proper information about what was happening and what rights they had.” Amnesty believes that there is a declining respect for the human rights of asylum seekers in Australia.

Asylum-seeker deals for Malaysia and Papua New Guinea to be decided this week

This week the leaders of Australia and Papua New Guinea will meet to continue their discussions to reopen the Manus Island Detention centre.

In August, Australia made an agreement with PNG to reopen the detention centre on Manus Island for asylum-seekers who try to come to Australia by boat without valid visas.  The plan has been delayed after the Australian High Court decision that the Gillard Government's plan to process asylum-seekers in Malaysia was unlawful. The Government hopes to resume its offshore processing plans after the Australian parliament votes this Thursday on changes to the Migration laws so that asylum-seekers can be sent to Malaysia.

PNG's representative in Australia said that his government "is ready and willing to cooperate with Australia on any solutions through Manus processing centre".

Amnesty International and other refugee groups have criticized the plan to send asylum-seekers to Manus Island, saying that sending them to PNG is no different to sending them to Nauru. 

Another leading Australian organisation condemned conditions on Manus Island.  The Executive Director of the Australian Council for International Development stated that there was “overwhelming evidence” that people detained in Nauru and on Manus Island “suffered mental damage with self harm and suicide attempts a common occurrence, and an absence of trained counsellors and staff being able to cope.”  He also said that many of these asylum-seekers were still being treated for trauma and mental health issues following their detention.

An Australian lawyer who worked on Manus Island in 2008 said that conditions in the detention centre on Manus Island had been very hot, humid and cramped.  He said that “it would be pretty tough going” for asylum-seekers in the centre.

“During my travels around there I was told that people had tried to commit suicide by throwing themselves on power boxes, trying to electrocute themselves obviously in a state of hysteria or despair I should say.  […]  So obviously those people had quite enough and weren't prepared to continue on there. They're the sort of stories that I heard, again only hearsay from locals who observed these things they say”, he continued.

Meanwhile, the UN agency for refugees told parliament today that sending asylum-seekers to Malaysia is better for them than being detained in Australia. UNHCR Regional Representative Richard Towle has said that the conditions in the agreement between Australia and Malaysia mean that an asylum-seeker would be treated better there than they would in Australian detention. Australia’s policy of mandatory detention does not allow asylum-seekers to work or live in the community, which Malaysia would allow.

UNHCR’s support for the agreement with Malaysia is crucial ahead of Thursday’s parliamentary vote to make the Malaysia deal legal. No Australian Prime Minister has lost a vote on changes to the law in parliament for 80 years.

Asylum-seekers in Australian Immigration Detention suffer Assault, Depression and Abuse

Recent reports have highlighted the worsening conditions for asylum seekers in detention around Australia.

Australia has a system of mandatory detention for any people arriving in the country without a valid visa.  These people are detained in remote facilities while their applications for asylum are decided.

The Australian Department of Immigration reports that there are 3,289 people in detention centres as of July 2011.  More than a third of people in detention centres have been waiting for more than a year to find out whether they can stay in Australia or not.

Between 2008 and June 2011, there were 1,273 reports of assault, damage to property or aggressive and abusive behaviour in detention centres.  596 cases involved allegations of assault while police were notified of incidents 242 times.

In a report to the Australian Parliament, The Australian Medical Association said hospitals were reporting large numbers of adults with mental health problems hurting themselves on purpose and requiring medical treatment.  The Association said it was worried about the mental health of detainees.
Meanwhile, Australia's Human Rights Commissioner has reported on the mental health damage of indefinite detention in Curtin Detention Centre.

The Commissioner expressed concern about the high rates of self-harm caused by poor conditions and a lack of services.

"Indefinite detention, particularly in a remote place, is very damaging to [asylum seekers’] mental health. They spoke to us about sleeplessness, about feelings of wanting to [commit] suicide, we know that there've been a worrying number of self-harm incidents there, including a man apparently who threw himself through a glass window."

Alexander Dianati, 37, an Iranian asylum-seeker has been in detention for three months after fleeing Iran to avoid religious persecution. He says fellow detainees are cutting, burning or trying to kill themselves on a weekly basis because they do not know what is happening with their asylum claims.
"Almost every week we have one situation like this, I'm sure Australian people don't know these things.”

He says tension in the facility is extremely high. The "mental health of the detainees is really bad, they are so depressed," he said.

He warned of mass protests if the situation is not resolved.  "The most biggest protest will happen in the history of Curtin soon, if Immigration and Serco doesn't do anything, I can guarantee this."

Mr Dianati also says that he was threatened with violence by detention centre staff after he spoke to the media about the problems.  Mr Dianati said he was called to a private meeting with a senior staff member from the detention centre.  He said the staff member got angry and threatened him after he refused to stop speaking to the media.

There are also reports that detainees and staff members at Villawood Detention Centre in Sydney engage in clashes at least once a week.  The Australian Government says that police are called to the centre at least every two weeks.

Villawood holds about 349 asylum seekers.  Between 2008 and June this year there were 45 incidents involving injuries to detainees and police were called 87 times. The figures show there were also 22 staff injuries.

Meanwhile asylum seekers in the Darwin detention centre are warning they will increase their protests unless their demands are met within a few days.

"They have given an ultimatum to the immigration department to fix things in a few days, or the protest will escalate. The asylum seekers have access to tools and construction items," the Refugee Action Coalition said.

The detainees want to know when they will find out whether or not they are allowed to stay in Australia.

It is also reported that immigration detention centre guards around Australia are worried that detainees could take them hostage or stage mass suicide attempts as more asylum seekers become increasingly desperate about their plight.

United Voice, the union for staff employed at detention centres, said rumors were circulating that detainees were plotting to take guards hostage to protest the time it was taking to make decisions about their asylum claims.

"Another rumor issuing out of (the Darwin camp) was that detainees were threatening to stage a mass hanging at a time when it was well known that the centre would be understaffed and unable to cope with multiple incidents," the Union said.

Hunger Strike on Christmas Island

A group of men, women and children due to be deported to Malaysia have been on a hunger strike since Friday.

The number of asylum-seekers on hunger strike increased from 54 to 105 when a second boat carrying 10 unaccompanied children, a couple, and 38 single adult males arrived on Sunday.

The Australian Immigration Department has confirmed that an ambulance was called to the centre to treat three teenage asylum seekers suffering from dehydration.

The teenagers were refusing to come in from the hot sun during the day, said a source, and a seven-year-old boy was among those not eating.

Detention centre workers tried on Sunday to halt the hunger strike by warning asylum seeker parents that they were breaking Australian law if they encouraged their children to refuse food and water.

The single adult men to be deported under the refugee swap deal are being held in a compound separate with blacked-out windows inside the island's main detention centre. They have no access to the internet or TV.

The department initially denied reports of a hunger strike, saying the detainees were either missing a meal or two, or were simply observing Ramadan.

It now admits it has observed a number of asylum seekers missing consecutive meals, and says it is now treating their welfare as a top priority.

The asylum-seekers were supposed to start flying to Malaysia early Monday morning but they will now spend at least two weeks on Christmas Island waiting to find out what will happen to them while the Australian High Court decides on the lawfulness of the refugee swap deal.

World Refugee Day

The United Nations' (UN) World Refugee Day is observed on June 20 each year. This day is an international reminder to honor the courage, strength and determination of women, men and children who are forced to flee their homeland under threat of persecution, conflict and violence and cannot return to their homes without facing harm.

The terms "refugees", "migrants" and “asylum-seekers” are frequently used either interchangeably or in close association but there is a difference between them. An asylum-seeker is someone who leaves their country to go to a foreign country to seek international protection. If the asylum-seeker is successfully accepted by a foreign country that person then becomes a refugee.

Refugee status is a privilege only for those who are the most vulnerable and not for those that are able to live in their countries. For example, 13,003 Iranians applied for refugee status last year in 38 European countries and of those applicants 10,200 were rejected and returned to Iran. Many of those who were rejected were considered not to be under threat of death or persecution.

Another term sometimes heard is "economic migrant", a person who leaves their country or place of residence because they want to seek a better life. Often those who travel to foreign countries and are found to be economic migrants are sent back to their home country.

It has been sixty years since 147 governments expressed their solidarity with refugees by signing the 1951 Refugee Convention. However there are still countries that have not signed the convention. These governments are: Andorra, Bahrain, Bangladesh, Barbados, Bhutan, Comoros, Cuba, East Timor, Eritrea, Grenada, Guyana, India, Indonesia, Iraq, Ivory Coast, Japan, Kosovo, Kuwait, Laos, Lebanon, Libya, Malaysia, Maldives, Marshall Islands, Mauritius, Micronesia, Mongolia, Myanmar, Burma, Nauru, Nepal, Oman, Pakistan, Palau, Qatar, St Lucia, San Marino, Saudi Arabia, Singapore, Sri Lanka, Syria, Taiwan, Thailand, Tonga and some others.

Countries that have not signed the convention are often seen to mistreat refugees and asylum-seekers. For example, in places such as Thailand, Malaysia, Japan, Pakistan, and Singapore, there have been documented cases of mistreatment of asylum-seekers in detention centres and at times detainees suffering problems from dehydration, hunger, exposure to the elements, beatings, and what some would even call torture.

Malaysia is one of the countries that has not signed the convention and is a good example. Andrew Khoo, who is Chair of the Malaysian Human Rights Committee describes conditions inside Malaysian detention as, “Nothing short of hell”. He describes the facilities as overcrowded, leaving detainees with poor sanitation and a lack of access to basic health care. Caning is another big issue in Malaysia, Amnesty International claims at least 10,000 prisoners and 6,000 refugees are caned there each year.

At the same time, foreign governments that have signed the convention are making life more difficult for asylum-seekers and refugees. This is because too many economic migrants are arriving illegally to foreign countries and lying to the authorities that they are asylum-seekers when really they just want a job and a better life. When there are too many economic migrants arriving illegally, foreign governments often make it harder for everyone to get a visa, including refugees and asylum-seekers.

Economic migrants must apply legally for a different visa and not a refugee visa if they want to be successfully accepted by a foreign country. Asylum-seekers should also not go illegally to a foreign country if they want to become a refugee. Asylum-seekers can apply legally to become a refugee in a foreign country through a UNHCR office in the region.