Click
here to return to the Submission Index
Submission to National Inquiry into Children in Immigration Detention from
NSW branch of the Australian Early Childhood Association
The Australian Early Childhood Association (AECA) is a national non-government, non-profit advocacy organisation that speaks out on behalf of all young children from birth to eight years. It stands as the voice for children and aims to ensure that the best interests of children are always at the forefront of decision making. Members include childcare services, schools, peak early childhood organisations and individuals who are interested in promoting the best interests of children.
This submission was prepared by Leonie Arthur (NSW Australian Early Childhood Association Vice-President) based on ideas generated at a meeting of concerned members on 2nd May 2002 and with reference to the draft National AECA Position Statement on Children of Asylum Seekers, Children of Refugees and Children in Detention.
AECA NSW is very concerned about the plight of children in immigration detention. Detention denies children their rights and undermines their physical and emotional wellbeing. Changing buildings or playgrounds, or bringing play equipment into detention facilities, does not address the stress and trauma suffered in detention and the long term consequences for children's development and learning. The only solution is to release children and their families into the Australian community.
Recommendations
AECA NSW wishes to put forward the following recommendations regarding children of asylum seekers.
As the Minister for Immigration is the Guardian of children in detention, it is incumbent upon him to ensure that children are physically and emotionally safe from harm and that they have the same rights as any other child in Australia.
This means that
- No child should
be held in detention. Children and families who are currently in detention
should be released into the community immediately. New arrivals should
be processed quickly and then released into the community to await decision
on their refugee status.
- Family unity must
be maintained at all times. Children should not be separated from other
family members.
- Unaccompanied
minors seeking asylum must be given appropriate care and support within
the community.
- Families must
be provided with the resources and services necessary to support and
care for their children in the community. This includes access to appropriate
community services such as childcare, parenting support, health care,
psychological support and access to education.
- A Child Protection
Policy covering children in immigration detention must be developed
and implemented.
- The contract between the Australian government and Australasian Correctional Management must be reviewed. Only people who have appropriate training in interacting with asylum seekers and who exhibit traits of empathy, humanity and integrity should be employed in detention centres. In addition all employees should meet the legal requirements for working with children, including training in child protection issues and working with children checks.
Rationale
Keeping children in detention is inhumane and is in breach of The United Nations Convention on the Rights of the Child, of which Australia is a signatory. The Convention on the Rights of the Child states that detention of children should "only be used as a measure of last resort and for the shortest possible time" (Article 37b).
Children of asylum seekers have the same rights as any other child under the UN Convention, including the right to care and protection, the right to practice their culture and religion freely and to speak their language, and the right to play and education.
Children rely on the care and protection of adults and governments as they are not able to provide for their own needs. By placing children in mandatory detention the federal government is abrogating their responsibility to provide care and protection for children.
Children in immigration detention should be entitled to the same rights and should receive the same treatment as any other child in Australia, yet they do not. Children at risk of abuse and neglect in the Australian community are reported to the appropriate authority and steps are taken to rectify the situation. Children (and their families) in immigration detention are constantly exposed to the violence and abuse of the detention system and are at risk of emotional and physical abuse and neglect, yet no steps are taken to remove children from this environment. Prison is not considered an appropriate place for young children, even when their mother is imprisoned, yet children of asylum seekers are held for long periods in immigration detention. Children's services such as long day care and preschool are expected to meet basic requirements in order to operate, yet children in detention are exposed to unsafe and inadequate play equipment.
The preamble to the Convention on the Rights of the Child stipulates that children need an environment of "happiness, love and understanding". Detention does not provide children with any of these basic requirements. Children's basic needs for food, shelter and care must be met before they can grow and learn.
Prison-like detention centres with razor wire, physical restraint and poor educational and play facilities do not provide an appropriate environment for children. The United Nations Convention on the Rights of the Child defines "the right of the child to rest and leisure, to engage in play and recreational activities" (Article 3.4). Play has an important role in children's learning and development.
Research on brain development in young children highlights the crucial importance of the early years for future learning and emotional stability (Perry et al 1995; Shore, 1997). While early childhood theory has always emphasised the importance of the early years, there is now "hard science" to sustantiate these claims. Research by Perry, Fraser Mustard and others has clearly demonstrated the importance of early stimulating and nurturing interactions for early brain development (Mellor, 2002). Detention centres not only do not provide children with an appropriate physical or emotional environment in which to grow and learn, these harsh environments are likely to have a negative impact on children's life and on their future development.
Children develop and grow best within the context of their family. It is not appropriate therefore to set children free without also setting their parents and caregivers free. Children need close emotional ties and secure attachment to protect their mental health. All children need a safe, secure and predictable environment in order to develop trust and attachment to significant others. Secure attachment to caregivers is fundamental to children's development (Shore, 1997).
Brain research indicates that stress and trauma places children at risk of developing mental health problems in later life (Perry et al 1995; Shore, 1997). Children in immigrant detention have frequently suffered stress and trauma on their journey to Australia and mandatory detention exacerbates this suffering. Children and families who have experienced stress and trauma need access to appropriate support if they are not to develop mental health problems later in life (Sims, Hayden, Palmer & Hutchins, 2000). Instead of detention children need a safe and secure environment and appropriate ongoing counselling.
Australasian Correctional Management (ACM) are experienced in running prisons, not facilities for children and families seeking asylum. Their staff members do not have the appropriate levels of training or experience to work with children and families who have experienced stress and trauma. Rather than detention centres with ACM guards, what is needed are processing facilities with appropriately trained staff. This should include medical staff, teachers, childcare workers, interpreters and counsellors with experience in stress and trauma. Once the immediate physical and mental health needs of children and families are met they should then be released into the community and receive ongoing support.
References
Mellor, E. (2002). Quality in context. Putting Children First, issue 1. National Childcare Accreditation Council.
Perry, B., Pollard, R., Blakley, T., Baker, W., Vigilante, D. (1995). Childhood Trauma, the Neurobiology of Adaptation and Use-dependant Development of the Brain:How states become Traits, Infant Mental Health Journal 16 (4).
Shore, R. (1997). Rethinking the brain: New Insights into early development. New York: Families at Work Institute.
Sims, M., Hayden,
Palmer J. & Hutchins, T. (2000). Working in Early Childhood Settings
with Children who have experienced refugee or war- related trauma. Australian
Journal of Early Childhood Vol 25 No 4.
