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The following speech was given by Early Childhood Australia's National President, Judy Radich, at the fourth annual World Forum in Auckland, New Zealand, 9-12 April 2002. Half of the world's refugees are children. They need special protection and care. Australia's current mandatory detention policy for on-shore arrivals, including the children of asylum seekers and unaccompanied minors is a scar on Australia's humanitarian record.
Australia's current mandatory detention policy: - denies fundamental human rights to all the children of a particular social group;
- locks up, behind razor wire, children who have committed no crime;
- fails to recognises the vulnerability and special needs of these children.
The United Nations Convention on The Rights of the Child, to which Australia is a party, decrees that a child seeking refugee status is to receive appropriate protection and humanitarian assistance.Australia's 'detain/deter' policy on refugees has been driven by the broader question of the outcomes for Australia of unlawful immigration. The major policy objectives have been to have an 'ordered' approach to immigration and to ensure that Australian borders are secure. Little or no consideration has been given to the impact of these policies on the children who are caught up in them. While these might be legitimate policy concerns, they have led to an approach to asylum seekers that has caused wide community debate and division in Australia. That being said, Early Childhood Australia is adamant that, irrespective of where people stand on the Australian Government's broad asylum seeker policy, it is an undeniable fact that any form of detention applying to children is a breach of their rights. In the terms of the UN Convention, the imprisonment of these children is either 'cruel and inhumane treatment' or, at the very least, 'harsh treatment': both of which are unacceptable under the terms of the Convention. We know that detention compounds the effect of previous trauma and exacerbates the grief and loss that these children have already suffered - whether they are accompanied or unaccompanied in their flight to Australia Article 37 of the Convention states that holding children in detention shall be used as a measure of last resort and only for the shortest possible time. Australia is therefore in breach of the Convention. There has been a great deal of discussion and debate in Early Childhood Australia about this issue and, as a result, Early Childhood Australia believes that the following principles should be the basis of all Government policies and practices on children of asylum seekers and children of refugees. 1. Concerning the best interests of children In all actions concerning children, the human rights of the child, in particular his or her best interests, are to be given primary consideration.2. In regard to non-discrimination Refugee children and children of asylum seekers are entitled to the same treatment and rights as other Australian children.3. In relation to family unity Preserving and restoring family unity is of fundamental concern.4. Supporting the family Actions to benefit refugee children and children of asylum seekers should be directed primarily at enabling their primary care-givers to fulfil their principal responsibility to meet their children's needs.5. Family participation Where the special needs of refugee children and children of asylum seekers can only be met effectively through child-focussed activities, these should be carried out with the full participation of their families and communities.6. In regard to separated children Unaccompanied refugee children must be the particular focus of protection and care.7. Cultural support The provision of child care, healthcare and education for refugee children and children of asylum seekers should reflect their linguistic and cultural needs.8. The provision of interpretators Families should be provided with suitable interpreters who speak their preferred language whenever they are interviewed or require access to services.9. Ensuring confidentiality Care must be taken to maintain the confidentiality of information provided by children. There should be no disclosure of information that could endanger or compromise the child's family in Australia or their home country. Information must not be used inappropriately for purposes other than for that for which it is sought.10. Supporting staff Those working with refugee children should receive appropriate training on the needs of the refugee children.
The primary goals of any action or program... In relation to the children of refugees and asylum seekers and unaccompanied minors, the primary goals of any action or program must be:- to ensure the protection and healthy development of all children; and
- to achieve durable solutions which are appropriate to the immediate and long term developmental needs of children.
We know that children's needs cannot be met in isolation. They are normally met most effectively within the context of family and community. Moreover, a child's welfare is closely linked to the health and security of the primary caregiver. It is therefore necessary to strengthen the capacities of refugee families to meet their own needs and improve the participation and situation of refugee men and particularly women, thereby contributing significantly to the welfare of their children.
Recommendations of Early Childhood Australia The following recommendations arise from this position: - Children must not be kept in detention as a result of immigration policies
- Families with young children should be housed in community settings
- Families must have access to the support they need to participate in the community
- All school-aged children must have access to school education
- All children are able to use early childhood care and education services, and funding is available to support this
- All children must have access to, and be supported to use, health programs and services
- Language support must be available in the child's home language and to help them learn English
- Specialist support services must are available to help children deal with trauma
A clear distinction needs to be made between Australia's obligations overseas and our obligations onshore. We cannot control conditions in overseas camps but we can control conditions for asylum seekers and their children within Australia.Thinking about this asks us all (those of us who live in Australia) to think about the kind of Australia we want. April 2002
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