Children who do not feel safe

Naomi’s story caught the attention of the media after news that a mentally ill Filipino, also an Australian citizen, had been wrongfully deported, and another confused person, an Australian citizen of German descent, had been held at a detention centre for 11 months, and later moved to a psychiatric unit. The stories made big news in Australia and internationally, and the immigration minister clearly embarrassed. Unexpectedly, Naomi and her mother were released on a bridging visa and it was announced Malayasia had offered citizenship to the little girl. Her brother, Griffin, 7, lives in Australia with Veronica’s ex-husband and his mother has not seen him for more than three years.

A humanitarian, non-political organisation, Chilout (Children Out of Detention), remains concerned about the conditions under which children have been detained, the length of their detention and “the high security, prison-like centres in which they are held.” It reports some children are on anti-depressants, some have been on hunger strikes.

Chilout told, for example, about the story of Shayan, who was five when he arrived in Australia by boat in March 2000, with his parents, and taken to Woomera detention centre. There he saw hunger strikes, fires and riots, in which tear gas and water cannons were used, and saw an adult detainee slash his chest with a shard of glass and jump from a tree.

He suffered nightmares and would awake at night crying “They are going to kill us”. He repeatedly drew pictures of fences with himself and his family confined inside them. He withdrew socially and displayed aggressive behaviour.

The family was transferred to Villawood. Shayan's father took him to the medical clinic because the boy became so distressed after seeing a fight and another suicide attempt. He would not leave his parents’ side. He hid under a blanket, wet himself, would not eat, would only drink small amounts of milk, would not speak and could not sleep.

Shayan, now seven, has been diagnosed with acute and chronic post-traumatic stress disorder (PTSD) as a result of his experiences. It was August 2002 before the entire family was recognised as refugees, and could live in the community on temporary protection visas - temporary, not permanent. There was no promise of permanency.

The Amnesty International’s Children in Detention report (pdf file 476KB) included examples of traumas experienced by detained children including tear gas and late night spot checks by guards, and witnessing their parents being abused. It described how they lived in cramped conditions among people who were suffering depression and post-traumatic stress disorder. There was no consistent full-time education system for the children; there were insufficient play and leisure areas, and limited, if any, contact with the outside world.

The United Nations High Commission on refugees (UNHCR) has made clear that refugees at most risk of sexual violence are children in detention, particularly girls and unaccompanied minors. Senator Bartlett has said, for instance, that two convicted child-sex offenders were detained at Baxter.

On Nauru, a 14-year-old girl in a detention camp where other detainees are mostly young men, became depressed and lonely because she was not allowed to go to the dining room, shopping or swimming without being in the company of her parents.

In April 2005, Howard Glenn, Executive Director of Rights Australia Inc, addressed the UN Commission on Human Rights regarding six children held on Nauru. He reported that the High Court had confirmed that the Immigration Act did not provide children with legal or constitutional immunity from mandatory detention: children were in the same position legally as their parents.

“They too can be detailed indefinitely under legislation passed by this Parliament,” he said. ”And there is no constitutional remedy.”

Federal Parliamentary Library information notes state that, “While many countries detain illegal immigrants for varying periods of time, to date Australia is the only country where detention is mandatory for adults and children for the duration of processing by DIMIA. Mandatory detention for unlawful non-citizens was introduced in Australia in 1992.”