by President Professor Alice Tay AM and
Dr Sev Ozdowski, Human Rights Commissioner OAM
Immigration Detention Centre
Report of visit by HREOC officers
recently completed a fact finding mission to Woomera IRPC, as 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, eleven
families were interviewed and approximately twenty children.
The officers also
spoke with the DIMIA Business Manager, the ACM Centre Manager, as well as
the following ACM staff: Director of Programs, Medical Services
Co-ordinator, Medical Officer, ACM officers (including an ACM officer
responsible for unaccompanied minors) Activities Officer and Psychologist
All members of the
Commission met on Friday 1 February 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.
Summary of Officers'
statistics provided to HREOC officers by 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
- Ingestion of
shampoo: 2 children
- Attempted hanging:
- 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
Interview 1 (12
year old girl)
"I am getting crazy, I cut my hand. I can't talk to my mother. I 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
HREOC officers also
observed that despite ACM's efforts to provide schooling opportunities for
the children, this is confined to those aged twelve and under, and is not
comparable in any way to the education received by Australian twelve 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
Breaches of the Convention on
the Rights of the Child
Based on evidence
such as that referred to above, the Commission is of the view that Woomera
IRPC 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) and most particularly 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." with
particular emphasis to Woomera.
reported that Woomera IRPC 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.
Janine MacDonald: 0408 469 347