Fabienne Baldan Australian Human Rights Commission Fourth National

Fabienne Baldan Australian Human Rights Commission Fourth National Conference on the Pastoral Care of Migrants and Refugees National Inquiry into Children in Immigration Detention 2014

Focus of the inquiry The inquiry is investigating the impact of immigration detention on the health, well‑being and development of children in immigration detention. The guiding framework for the inquiry is the Convention on the Rights of the Child. The President will assess whether laws, policies and practices relating to children in immigration detention meet Australia’s international human rights obligations Aqua Compound Christmas Island

Timing of the inquiry • It is 10 years since the Commission reported on a previous inquiry into children in detention – A Last Resort? • In April 2013, the numbers of children in detention centres reached unprecedented levels 1, 992 children in July 2013. • • At this time, the Commission began planning an investigation into what has changed in ten years for children in detention. Melbourne Detention Centre Drawing from Child on Christmas Island

Number of children in detention and length of time in detention: July 2008 to January 2014

Border protection reducing the numbers of asylumseekers arriving by boat 2012 and 2013 - the largest number of boat arrivals and over 2000 asylum seekers Since the start of 2014 there have been no recorded deaths at sea by people attempting to come to Australia 157 Sri Lankan asylum seekers arrive in 2014 and are quickly transferred to Nauru

Bi-Partisan support for tightening asylum seeker policy in 2012 2013 In August 2012, the Labor Government had adopted a recommendation from its Expert Panel to apply a ‘no advantage’ principle. This stipulated that refugees arriving by boat should not receive an ‘advantage’ over refugees overseas who are waiting to be resettled • Suspension of the processing for asylum seekers who had arrived by boat on or after 13 August 2012. • Re-introduction of offshore processing – with possibility that refugees could be settled in Australia • Result - prolonged detention of children detained in onshore and offshore closed detention facilities • People waiting long periods to have their claims for asylum assessed • After 19 July 2013 asylum seekers arriving by boat will not be settled in Australia • September 2013, post election, enhanced screening 48 hour rapid processing and sent offshore

13 visits to 11 different detention centres – two visits to Christmas Island 486 interviews with a 1129 children and parents in detention 9 health specialists participated in detention centre visits submitting 6 expert reports 104 interviews with people formerly in detention 5 public hearings with 45 witnesses 239 submissions (105 public, 69 public with identity kept confidential, 65 confidential) 5 notices compelling information from: Department of Immigration and Border Protection (3) and International Health and Medical Services (2) Inquiry methodology

Children in Detention by Nationality March 2014 IRAN STATELESS SRI LANKA VIETNAM IRAQ AFGHANISTAN SOMALIA MYANMAR/BUR. . . LEBANON PAKISTAN OTHER EGYPT INDIA NEPAL INDONESIA MALAYSIA PALESTINIAN. . . SYRIA SUDAN 286 168 119 104 48 38 33 27 18 16 9 5 5 3 2 2 1 0 100 200 300 400

Reasons for seeking asylum Fear for life/Living in. . . Persecution by government Stateless/born in a country that woul. . . Religious persecution War Better life in Australia Family member killed No human rights No freedom Family violence Unable to work Torture Kidnapping of family member No jobs Other 41% 31% 18% 12% 9% 7% 7% 5% 4% 4% 4% 3% 3% 5% 0% 10% 20% 30% 40% 50%

895 children in immigration detention in Australia including 305 on Christmas Island Children in Detention March 2014 179 children in detention in Nauru 506 children across the Australian detention system are subject to offshore transfer to Nauru. 56 unaccompanied children are held in immigration detention in Australia 26 are held on Christmas Island (as at 31 March 2014) 27 unaccompanied children are detained in Nauru (as at 31 March 2014) 128 babies were born in immigration detention facilities in Australia in the period 1 January 2013 to 31 March 2014

Numbers of children in detention in Australia decline over the period of the inquiry

Detention in Australia A dangerous environment January 2013 to March 2014 During a fifteen month period: 128 self-harms - children 79 incidents - adults 57 serious assaults 233 assaults involving children 436 - threatened self-harm 33 - reported sexual assault 183 - hunger strikers (27 children)

Conditions vary across the detention network • Tents on Nauru • Converted shipping containers on Christmas Island at Melbourne and Darwin Detention Centres • Suburban housing villas at Inverbrackie, South Australia and at Sydney Detention Centre complex

The average time that children and adults had spent in detention in Australia by the end of July 2014 was 349 days … the housing is dirty, sub-standard, hard to be here. The child keeps hitting his head on items in the room – the bed, the shelf – because of the lack of space. (Father of child aged 2, Construction Camp, Christmas Island, 16 July 2014) … He is only four years old and he has as many scars as a Vietnam soldier – he’s had lots of falls, and has scars from mozzie bites. (Father of child aged 4, Construction Camp, Christmas Island, 16 July 2014) I’m worried about my kid. He can’t draw himself because there is no mirror he can reach to see. He has lost the meaning of living in a home. Even at four years he had never seen a mandarin till this week. (Mother of child aged 4, Construction Camp, Christmas Island, 16 July 2014)

Darwin detention Centres The Darwin detention centres are surrounded by dense mangroves and at certain times there are sandflies and mosquitoes. According to a former professional working in Darwin: [There are] few open spaces for play and the place is elevated and set up on various levels with walkways throughout. The elevation means kids can run under buildings and walkways in an environment where snakes and spiders are prolific

Christmas Island wildlife • 20 types of crabs, giant centipedes and wild chickens that. Children and parents complained of painful stings from the centipedes which find their way into clothing and bedding. • We have found centipedes in our room. They grow to 30 cm and they sting. There are two kinds. The large black one which is not as harmful and the small red one with a painful sting. The authorities spray them then they come into the rooms. Four persons I know have been bitten. There are huge crabs in the camp. The robber crabs live under the huts and come out in cool weather. The red crabs are everywhere. • (Parent of preschool aged children, Construction Camp, Christmas Island, 16 July 2014) • Our son is frightened to go outside. He thinks he will be dragged into the forest by an evil spirit and the animals will get him. • (Father of child aged 3, Construction Camp, Christmas Island, 16 July 2014 )

Family breakdown Medical provider to detention centres reports that more than 30 percent of adults had moderate to severe mental health conditions I’m very concerned about wife’s health… [she’s] very depressed. IHMS gave her medicine, made her sleepy. Children crying a lot, irritable, not obedient, my child said to me ‘go to hell - why did you bring me here? (Father of a 4 year old and a baby in Darwin, 13 April 2014) • • • • A mother who had made three suicide attempts reported that she had thoughts of harming her children: Dying is better than living … I want to die … I cannot tolerate this environment. [I] lock myself in room; I lose it sometimes; I become agitated. They [Department of Immigration and Border Protection] made me sick … [I am] no longer having thoughts of harming my children, but they are surviving, not living … my children say we don’t want Australia, we want you alive. (Mother of children aged 6 months, 8 and 11 years who has attempted suicide three times and has ongoing suicidal ideation, Melbourne Detention Centre, 7 May 2014)

The Inquiry Report • Section 1 overview of children in detention: Who are they? How long are they detained and where? What is their background? What does the law say about detaining children? • Section 2 the circumstances of children in detention at different life stages: babies, preschoolers, primary school-aged children and teenagers • Section 3 describes the circumstances of specific categories of children in detention: unaccompanied children, children of parents with adverse security assessments and children on Nauru • Section 4 the continuing impacts of detention on children once released • Section 5 - overview of detention policy and practice since 2004