Government violates Rights of the Child
HREOC (Human Rights and Equal Opportunity Commission) officers recently completed a fact-finding mission to the Woomera Immigration detention Centre, part of the National Inquiry into Children in Immigration Detention currently being undertaken by the Commission. The five-day assessment was extremely thorough and included interviews with children, children with their family, parents, single men and women. In all, 11 families were interviewed and approximately 20 children. All members of the Commission met on February 1 to consider the report of the visit. Based on the evidence provided to it, the Commission concluded that there are clear breaches of the Convention on the Rights of the Child, to which Australia is a signatory. Self-harming behaviour The official statistics provided to HREOC officers by Australasian Correctional Management (ACM) indicated the following incidents of self- harm occurred over a two-week period: * lip sewing: 5 children (one 14-year-old sewed his lips twice); * slashing: 3 children (the above child also slashed "freedom" into his forearm); * ingestion of shampoo: 2 children; * attempted hanging: 1 child; * threats of self-hurt: 13 children. This is a significant proportion of the total child population of 236 at the Centre. It would indicate that, not unsurprisingly, children are responding to the atmosphere of despair in which they live. It is self-evident that manifestations such as these are likely to permanently mark the psychological outlook of these children. HREOC officers in discussion with ACM found no evidence of parents encouraging children to engage in acts of self-harm. Interviews by HREOC officers with children produced many responses that indicated a propensity for self-harm and suicidal thoughts. Examples from three interviews: * Interview 1 (12 year-old-girl) "I am getting crazy, I cut my hand. I can't talk to my mother. can't talk to anyone and I am very tired. There is no solution for me — I just have to commit suicide — there is no choice." * Interview 2 (16-year-old boy) "Some of us, we not have anyone in here. What can we do except kill ourselves? If no one help us, I kill myself. If I kill myself, at least I do something for the people." * Interview 3 (13-year-old boy — quote from family member) "We notice that while he sleeps he talks and screams: `fire, fire, fire', and jumps up from sleep in nightmares... We ask him to go and bring a book and he forgets about that and when he is walking he walks disordered and is not concentrating." That children are suffering psychological trauma from these experiences would seem beyond doubt. Schooling HREOC officers also observed that despite ACM's efforts to provide schooling opportunities for the children, this is confined to those aged 12 and under, and is not comparable in any way to the education received by Australian 12-year-olds. There are a number of children over 12 years of age who virtually receive no schooling at all. All children are taught in the one classroom. Education is provided for a total of only two hours a day, four days a week. This is contrary to Australia's obligations under Article 28 of the Convention on the Rights of the Child to provide educational opportunities to all children within its jurisdiction. Convention on the Rights of the Child Based on evidence such as that referred to above, the Commission is of the view that Woomera [detention centre] places the Commonwealth in breach of its obligations under the Convention on the Rights of the Child, particularly (but not restricted to) Article 19(1): "State parties shall take all appropriate legislative, administrative, social and educational measures to protect the children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, whilst in the care of legal guardian(s) or any other person who has the care of the child." The Government also needs to reassess its position concerning Articles 6(2) (child's right to survival and development); 22(1) (ensure the protection of rights of child refugees or asylum seekers); 24 (child's right to highest attainable standard of health); 27 (child's right to adequate standard of living); 31 (child's right to play and recreational activities); 37(c) (the right of the child deprived of liberty to be treated with humanity and respect); 39 (promotion of physical and psychological recovery of child victim of neglect, abuse, etc) Most particularly, with particular emphasis to Woomera, 37(b) of the Convention, which states: "Detention shall be used only as a measure of last resort and for the shortest appropriate period of time." HREOC officers reported that Woomera is now enveloped in a self-reinforcing miasma of despair and desperation, and there was a wide spread sense of despair due to the length of time in detention and the concomitant uncertainty over status. It is this uncertainty that asylum seekers have indicated is at the root cause of fire and property destruction in November and hunger strikes and incidents of self-harm in late January. This is not an appropriate environment for children. The Commission has written to Immigration Minister Mr Philip Ruddock bringing these breaches to his attention. The Commission now awaits the Minister's response as to how these breaches will be immediately rectified.