Date: Fri, 3 May 2002 17:05:08 +0100
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject:
Australia: Ten years of detention for asylum-seekers - time for change
* News Release Issued by the International Secretariat of Amnesty
International *
3 May 2002
ASA 12/007/2002
Tens years since the introduction of mandatory detention for
asylum-seekers lacking visas, Amnesty International is appealing
to the Australian government to step back and consider the costs
and consequences of the policy and to bring it in line with
international human rights standards.
"Now is a good time for the government to reflect on
whether it is necessary, fair and humane for Australia to
continue such a tough detention policy, which restricts the
rights of refugees," Amnesty International said on the eve of the
anniversary (5 May).
Australia's detention system falls short of international
standards and it is the only country world-wide with a national,
mandatory detention policy which cannot be reviewed by a court.
Even though the government says that asylum-seekers are
"seeking a migration outcome", their own figures show that the
majority are found to be refugees entitled to the protection and
safety they are seeking.
"Detaining children for up to five years, frequent
rioting and self-harm by detainees, are not acceptable
by-products of refugee processing. Legitimate border control and
the fight against people smuggling can be achieved without
violating human rights," Amnesty International said.
There are also major concerns about how the detention
system affects the mental and physical health of the detainees.
There is a growing body of evidence that prolonged detention of
unspecified duration, particularly when people are already
traumatised by past persecution and do not know what the future
holds for them, can lead to serious, physical and psychological
damage.
The Australian Human Rights Commissioner, the Ombudsman,
Parliamentary Committees, religious organizations and NGOs have
repeatedly pointed to the sense of deep frustration and despair
among asylum seekers in detention centres - the kind of
hopelessness and helplessness which has driven people to sew
their lips together, to try to kill themselves or to hurt
others.
Furthermore, mandatory detention does not act as a
deterrent; the numbers of those arriving in Australia without
visas rose in 2000 and 2001.
"With a decade's experience of mandatory detention, the
time is ripe for the government to take a serious look at
alternatives. The problems associated with the system will not go
away - rather the situation could worsen if more creative and
constructive thinking does not emerge soon." The Government
should use the Australian Human Rights Commission's "Immigration
Detention Centre Guidelines" - based on international human
rights standards, as a framework for addressing these issues, and
should engage human rights experts and activists.
"Pacific solution"
Following her recent visit to Australia, Amnesty International
Secretary General Irene Khan has written to Australian
Immigration Minister Philip Ruddock, raising new concerns that,
contrary to the Minister's assurances, recognized refugees are
currently detained in Australian-sponsored detention centres in
Nauru.
On Nauru, a small Pacific island country some 4,000
kilometres from Sydney, Australia is funding the detention of
some 1,100 mainly Afghan and Iraqi asylum-seekers who were taken
there by Australian warships last August. With a resident
population of only 11,000, Nauru now has the highest proportion
of asylum-seekers world-wide. Of these, at least 280 continue to
be held despite their recent recognition as refugees, in camps
run by the International Organization for Migration.
Consistent with Amnesty International's opposition to
unreviewable mandatory detention of asylum-seekers, the
organization is seeking an explanation from Minister Ruddock for
the continued and open-ended detention, funded and controlled by
Australia, of at least 280 people recognised as refugees on 8
April 2002 by Australia (147) and the UN High Commissioner for
Refugees (133) in Nauru. A similar call to Australia has been
made in relation to recognized refugees on Manus Island.
Background
It was five years ago this week, in the case of A v Australia,
that the United Nations Human Rights Committee found Australia's
practice of detaining asylum-seekers to be arbitrary and
unlawful, in violation of international human rights obligations
binding on Australia. Australia is yet to heed the findings of
the Human Rights Committee. The finding was made in an
individual case, but the Committee has in July 2000 expressed its
concern at the policy itself.
International guidelines on detention of asylum-seekers,
adopted by UNHCR's Executive Committee, of which Australia is a
member, also call for detention to be used only exceptionally, to
be justified in each individual case, and to be subject to the
safeguard of an independent review of continuing detention of the
individual in question - Australia's policy respects none of
these criteria.
For more information phone Amnesty International
in London +44 7778 472 173 or in Sydney +61 413 028 191.
**************************************************************************
You may repost this message onto other sources provided the main text is
not altered in any way and both the header crediting Amnesty International
and this footer remain intact. Only the list subscription message may be
removed.
**************************************************************************
--
Leftlink - Australia's Broad Left Mailing List
mailto:[EMAIL PROTECTED]
Archived at http://www.cat.org.au/lists/leftlink/
Sponsored by Melbourne's New International Bookshop
Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink
Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
