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Submission to the National
Inquiry into Children in Immigration Detention from
Mercy Refugee Service
Submission prepared
by Mercy Refugee Service Research Worker,
Thérèse B. Cerneaz, BDesign Hons (UTS), Dip Chem (RMIT),
GDEd (Sec) (UTS)
The Mercy Refugee
Service
is part of the relief and development cross-cultural work of the Institute
of Sisters of Mercy Australia. Mercy Refugee Service is entrusted to serve
without discrimination the uprooted and displaced people in our world.
It was established in 1983 to respond to the plight of refugees in south-east
Asia. At that time volunteers were called on to provide health care, education,
social welfare and counselling support to refugees in camps in Malaysia,
Thailand, Hong Kong, the Philippines and in Cambodia. From then on Mercy
Refugee Service has been actively supporting refugee projects worldwide.
The organisation strives at all times to foster a cooperative relationship
with beneficiaries both in Australia and overseas. Mercy Refugee Service
in Australia assists widely in the resettlement of refugees from many
places around the world.
- Terms
of Reference Addressed
- Summary
- Methodology
- Current
Situation
- Conclusions
- Recomendations
- Appendix
1
- Appendix
2
- Appendix
3
- Appendix
4
- Appendix
5
- Appendix
6
Appendix 7 - Setting
up a New Arrivals School, Puckapunyal Victoria is available by contacting
childrendetention@humanrights.gov.au.
Terms
of Reference Addressed:
The broad term of
reference addressed is
3. The adequacy
and effectiveness of the policies, agreements, laws, rules and practice
governing children in immigration detention, or child asylum seekers,
with particular reference to education.'
This submission directly
addresses the elaborated terms of reference in the Background
Paper 6: Education.
1. National Inquiry into Children
in Immigration Detention.
The terms of reference
include consideration of the access to and scope and content of educational
programs and how educational programs in detention compare with educational
programs in Australia .
2. The right to education.
The right to education,
read in conjunction with the principle of non-discrimination, requires
secondary and other forms of education to be provided to all school age
asylum seekers in Australia insofar as it is available to Australian children.
The Convention provides that all asylum seeker children, even those who
have had their applications for refugee status rejected, are entitled
to similar education as other children in Australia.
3. Other relevant rights.
The non-discrimination
principle requires that child asylum seekers be treated similarly to other
children in Australia.
9. School curriculum.
The inquiry welcomes
submissions that discuss the curricula in Australian schools in relation
to that offered to child asylum seekers in detention. Submission may include
discussion of such aspects as subjects, assessment, reporting and certification.
SUMMARY
The education being
offered to the children detained in Australian Immigration Detention Centres
appears to contravene both the convention on the Rights of the Child and
the Australian State Education Acts.
The harsh living
conditions and the length of time in detention can have a detrimental
effect on the children's health and ability to be educated.
There are solutions
to this lack of adequate education and there are many organizations and
individuals who have the expertise and are willing to offer solutions.
It would appear that
a change in attitude and adequate funding from the authorities that currently
administer the detention centres is required.
METHODOLOGY
The information in
this submission was obtained through:
- Personal interviews.
- Telephone interviews.
- Internet search.
The information collected
from the interviews is empirical data that I have attempted to verify
independently. Frequently several interviewees independent of each other
provided the same information and this was taken as verification.
The interviews were
carried out between 26 February 2002 and 3 April 2002 and an average interview
was two hours in duration.
All of the people
interviewed had personal experience with the detention centres as either
current or ex-detainees, teachers, a councillor and a nurse or were qualified
educators. A total of 34 people were interviewed, 13 connected to Port
Hedland, three to Woomera, seven to Villawood, one to Maribyrnong and
11 educators. There was some overlap in the categories.
In general terms:
Detainees
were asked about their previous education, present education, current
educational facilities, curriculum and resources, the effect of their
current situation on their ability to learn, problems and 'their story'.
Staff Members
were asked about the current management, curriculum, resources, facilities,
conditions, the effect of detainment on the children's ability to learn
and for suggestions of what is needed for an adequate education of detained
children.
Educators
were asked about existing curriculum/curriculum guidelines, (including
assessment and reporting), teaching strategies and teaching and student
resources that are available and appropriate for schooling children
in detention.
All names have been
withheld to maintain confidentiality. Some interviewees have agreed to
the release of their name if necessary and the author of this submission
holds a list of all names. All care has been taken not to include identifying
features where unfavourable consequences could result.
CURRENT
SITUATION
There are six Immigration
Detention Centres in Australia. They are at Port Hedland, Curtin and Perth
in Western Australia, Woomera in South Australia, Maribyrnong in Victoria
and Villawood in NSW. The following data have been collected on four of
these centres, Port Hedland, Woomera, Maribyrnong and Villawood.
A number of the following
educational and teaching practices appear to contravene the Convention
on the Rights of the Child (CROC), (1989). [1] Australia
agreed to be bound by the Convention in 1990, and the Australian States
Education Acts of the four states where detention centres are situated.
Each Australian State has sovereign educational powers. The Australian
States and Territories use The Adelaide Declaration (1999), [2]
National Goals for Schooling in the 21st Century, as the basis for curriculum
development in Australian schools. Each Education State Act is interpreted
by a Curriculum Authority which has the responsibility to implement that
State's Act. Each of these Authorities has produced a curriculum document
outlining educational requirements for schools in their state.
PORT
HEDLAND
As at February 2002
there were 90 children, 78 under the age of 16. There were 33 adult women,
most with children, some many. One had seven children, five girls and
two boys, another five. There were eight unaccompanied male minors and
these boys have been through great difficulties on their own. In many
ways they are 'men' yet they are still children. They feel too old to
be with the other children but are too young for the adult men.
The students are
divided according to age, not level of achievement. There can be four
or five different levels within a class.
There are three students
from one family with intellectual disabilities. The teachers have no training
to deal with such children and there are no special facilities for them.
These students were not attending school.
General Conditions
The general living
conditions are included in this report because they have a direct impact
on the children's ability to be educated.
The camp is hot and
dirty. It is a very harsh environment for detainees especially for children.
There is no outside shade for the detainees, as a consequence the children
play inside. There are three or four different pieces of playground equipment
with no shade. The small space means even walking exercise is limited
to three-minute circuits.
"Separation"
When detainees first
arrive they go into "separation". They can be here for up to
a year. The average length of time in "separation" is eight
months. Here they are in an isolated accommodation block with two hours
outside each day. In practice this can be as little as ten minutes. One
person in separation had not seen the stars for seven months. There is
no access to the outside world through the media i.e., TV, radio, papers,
telephones. There is no music. At one stage during 2001 there were seventy
people in separation. These detainees were accommodated three to four
per single rooms.
The Main Compound
On leaving "separation"
the detainees are placed in the main compound. While the detainees are
freer in the main compound it is still a difficult lifestyle. The following
are just some examples of everyday activities that negatively impact on
the children:
- Children are exposed
to extreme conditions. They are not protected from what is happening
in the camp. They see attempted suicides of family members and other
detainees on a regular basis. Children report these incidents in class.
Any protest behaviour such as hunger strikes result in punitive retaliation
on the detainees including children by Australasian Correctional Management
(ACM) staff.
- There is very
little privacy. Rooms are often searched and private belongings are
searched while the students are in school. This can be very upsetting
for some students.
- There is a head
count three to four times a day and at least once during the night.
- Children are handcuffed
when they are transported to court.
- When detainees
are placed in isolation in K-Block cells they are under constant camera
surveillance and children can be separated from their mothers for up
to two weeks.
- All detainees
are given a number and this number is used instead of the person's name.
The children's numbers were called for them to receive their Christmas
present. When asked by the chief ACM officer to use their names, the
officer replied that he did not know them.
- Children stay
up late at night, as late as 1.00 or 2.00 am. One child did not come
to classes for two weeks and the ACM officers did not check why.
- The food at times
is unpalatable such as mouldy fruit and children can come to class hungry.
The harsh physical,
psychological and emotional environment at Port Hedland makes educating
children very difficult. The evidence shows that the children can be disturbed,
depressed and lethargic.
Apparent
Contraventions of International and Australian Law
A number of the following
educational and teaching practices appear to contravene both the Convention
on the Rights of the Child (CROC), (1989) [3] and the
Western Australian (WA) Curriculum Council Act (1997). [4]
The following
deficiencies have been noted:
Teachers are not
given a duty statement.
Teachers are appointed
for six-week blocks with no cross over period or feedback between teachers.
As a result there is no continuity of education.
Teachers are not
accountable to anyone for what is being done in the classroom. Accordingly
the teachers could be doing anything.
There is an overwhelming
lack of teacher support such as a curriculum, curriculum guidelines, basic
student resources, basic teaching resources, AV equipment and psychological
debriefing for teachers and students. The resources that do exist demonstrate
better how desperate the situation is. The students have pencils, an exercise
book, a maths and spelling workbook, an old desk each when the centre
is not overcrowded, sometimes erasers, coloured pencils and photocopied
sheets, occasionally paints and brushes and a classroom if they are not
in separation. The teachers have a white board and limited access to a
photocopier. There are two computers, one of which functions.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Article 29.2 of the CROC that education
given in such institutions shall conform to such minimum standards as
may be laid down by the state. And Key Principles 1, 3 and 4; and the
Overarching Learning Outcome 3 of the WA Curriculum Council Act (1997).
Even though children
can be detained for years, English studies are prioritised at the exclusion
of other subjects. If other subjects and alternate communication skills
are presented it is for a limited time and on an irregular basis. As a
consequence children lose knowledge and skills in their own language and
culture as well as falling behind in all other subjects. It is worth noting
that when taught in "separation" each group receives a maximum
of two hours tuition a day, and only four in the main block.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Articles 28.1 (a), (b), (d) and 29.1 (a), (c) of
CROC. And Key Principles 3, 4 and 5; and the Overarching Learning Outcomes;
2, 3, 4, 7 and 8 of the WA Curriculum Council Act (1997)
ACM staff members
have been seen to threaten children physically and with loss of rights
or not gaining visas. The following is an example of punitive measures
that have been employed. In 2001 a 15 year-old detainee who was misbehaving
was hit with a baton by an ACM officer and then placed in isolation in
K Block. He was released after the other children went on a hunger strike.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Article 28.2 of the CROC, and the Overarching Learning
Outcome 13 of the WA Curriculum Council Act (1997)
Children have been
known to miss school for weeks without action or enquiry by the Centre
Management.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Article 28.1 (e) of the CROC and the WA Schools
Education Act (1999) [5]
See Appendix 3 for
detailed information on the current situation at Port Hedland and 'stories'
of both current and ex-detainees.
WOOMERA
As at April 2002,
eight new classrooms two computer rooms and a crèche have been
completed. Each classroom has a white board and shelving. The current
teachers were consulted on their requirements for the classrooms. No information
could be gained on the current education being given to children or teacher
and student resources present. The classrooms are all demountables in
accordance with military site requirements.
General Information
The information collected
on Woomera is from 2000 and 2001.
In late 2000 there
were 1,400 detainees at Woomera and of these approximately 300 were women
and approximately150 children. There was no education conducted at the
centre at that time by ACM. A few of the detainees took on the role of
English teacher once a week. For a short time in 2000 the children went
to the local school in Woomera once a week. The children thought it was
fantastic to see grass.
As at March 2001
there were some allocated classrooms where children sat at little tables.
At this time there were between 150 and 180 children.
There was no playground
equipment at July 2000. Once a week the nurses took the very young children,
under six years, into the local Woomera playground. Again, the children
were delighted to see grass. This arrangement stopped after the August
2000 riots. The only playground equipment at September 2000 was one slide
with nothing around it and no shade so the slide was too hot to use during
the summer months.
Most medical problems
among children were related to depression and anxiety. Some teenage boys
were bed-wetting and there was an on-going problem with self-harm by the
children. A ten-year-old boy cut himself with a double razor twice. Often
when parents were sick, depressed or disturbed the children would become
unstable, depressed, disturbed or have difficulties in concentrating to
the extent that they were often unable to attend school. "The
children were really sad and got sadder."
There was no counselling
room to treat detainees. The detainees were treated in the general compound
and the councillor would see up to eighty patients in one day, some of
these being serious attempted suicide cases.
Some action taken
by ACM staff appears to cause anxiety and insecurities in the detainees.
Once twenty boys were taken away from their mothers to Adelaide and the
mothers did not know if they would ever see their sons again. Another
time about 80 detainees including some children were 'rounded-up' with
the staff refusing to say why or where they were going. They were taken
to Port Hedland or Curtin. After riots or breakouts detainees were locked
in rooms for hours, children would develop renal colic, rather than wet
themselves, males would 'hold-on' and their penis would become grossly
swollen and need medical treatment.
MARIBYRNONG
Maribyrnong is a
small detention centre situated in suburban Melbourne. The conditions
are crammed with a very institutional prison-like atmosphere. All facilities
are housed in one long building with effectively no views to the outside
world from anywhere in the camp. There are two small isolation rooms for
'mis-behaves'. Surveillance cameras are on at all times. A recent coat
of paint, new curtains, and more couches for watching TV, have removed
some of the previous shabbiness of the centre and slightly improved the
comfort of the detainees.
The mild Melbourne
climate, access to telephones and visitors and some staff who are respectful
of the detainees helps to make detainment in Maribyrnong a less harsh
experience than Port Hedland or Woomera. However the detainees tend to
be lethargic, lack motivation and powers of concentration. "Detainment
is drawing the life out of these people".
The great majority
of detainees are people who have overstayed their visas while others have
served prison sentences and are waiting deportation. Many of these detainees
are detained for one or two weeks only before being deported. Some have
children. The education of these children has not been investigated or
considered in this submission.
The children who
stay long term at Maribyrnong usually belong to the minority of the detainees
who have been transferred from other camps such as Port Hedland and Woomera.
These children or members of their family are frequently disturbed when
they arrive at Maribyrnong as a result of their previous experiences in
their homelands, en route to Australia or in a previous detention camp
in Australia. The following story illustrates how disturbed some children
are. One small child was observed to be quietly standing threading a pearl-headed
pin in and out of the skin on his/her hand.
As at 1 April 2002
there were five children detained at Maribyrnong
Educational Facilities
And Resources
There is one small
pokey classroom inside the men's area. The old and broken desks were recently
replaced with new tables and chairs. Being inside the men's area can create
difficulties for some women and young girls, especially considering the
mix of people detained at Maribyrnong.
There are two computers
outside the classroom. These are mainly used for playing games.
There are some books
in the men's area and some children's books in the family area. Most of
these books have been donated.
Staff and Classes
There is one full
time adult English Teacher employed by ACM who has been at the centre
for the past twelve months. The primary age children attend the local
Catholic School.
There seems to be
no suitable provision for the education of secondary school-aged children.
The local English Language School that specifically caters for New Arrival
children has unsuccessfully tried to arrange with ACM to have detained
children in their school.
Implications at
International and Australian Law -
The above deficiency
appears to contravene Articles 28.1 (b) and 29.1 (a), (c), (d) of CROC
and the Victorian Curriculum and Assessment Authority Act 2000. [6]
There was a case
where two children did not go to school because they apparently did not
want to. Management did nothing about this situation.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Articles 28.1 (d) of CROC.
An Activities Officer
has recently been appointed who has taken the pre-schoolers on outings
to the Zoo and local library. The English teacher also spends approximately
half an hour per day reading stories to the pre-schoolers.
VILLAWOOD
Villawood is regarded
as one of the better detention camps in Australia by both staff and detainees.
It is situated in suburban Sydney.
Conditions at Villawood
are far less harsh than at Woomera or Port Hedland because of the milder
climate, a reasonable amount of shade, access to visitors, access to telephones,
and a less punitive staff. However those individuals coming from other
camps have already experienced very harsh treatment. This, together with
the ongoing searches, confiscation of property, continuing untreated mental
health problems within families, lack of inspirational resources or activities,
and years of living locked away from a 'normal' society, make it a disturbing
environment for a child. The general living conditions have an impact
on the children's ability to be educated.
There are two groups
of detainees at Villawood; those that have overstayed their visas, making
up 70% of the population, and those who have been transferred from other
camps. Detainees are from a wide variety of backgrounds.
There is a general
lethargy and many detainees are depressed. They are preoccupied with being
released in the near future, or with the fear of being deported and the
unthinkable consequences this could have for them. These concerns are
so overwhelming that the parents have little motivation to contemplate
educational initiatives and the children lack both motivation and powers
of concentration.
As at 5 April 2002,
there were twelve children detained at Villawood. The uncertainty in their
young lives and the hash prison-like conditions of detainment are having
an adverse effect on these children. Some have been in detention for two
or more years, in one detention camp for some years only to be moved to
another without any indication of how long they will be detained. For
some children, it is six years since they left their homeland and a 'regular'
education. The children are subject to head counts four times a day, searches
of their belongings and confiscation of their personal property, containment
and surveillance inside very high barbwire fences. There is not enough
for them to do or enough resources to fully occupy and interest them.
This is a disturbing educational environment for children.
Implications at
International and Australian Law -
This appears
to contravene Articles 28.1 (a), (b) of the CROC
Even though children
can be detained for years, English studies are prioritised at the exclusion
of other subjects. As a consequence children lose knowledge and skills
in their own language and culture as well as falling behind in all other
subjects. While they have access to computers no computer instruction
is given. It is worth noting the limited hours of instruction and lack
of teachers qualified to teach a full range of subjects.
Implications at
International and Australian Law -
The above deficiencies
appear to contravene Articles 28.1 (a), (b), (d) and 29.1 (a), (c) of
the CROC and section 6.1, 6.2 and 8 of the Education Act 1990 (NSW).
See Appendix 4. VILLAWOOD
for more details on Villawood
CONCLUSIONS
International Law
The current education
being offered to children who are being held in Australian Immigration
Detention Centres appears to contravene the following sections of the
United Nations Convention on the Rights of the Child (1989):
- Article 28. 1
(a), (b), (c), (d) and (e).
- Article 28. 2.
- Article 29. 1(a),
(b), (c), (d) and (e).
Australian Law
The mandatory requirements
of each Australian State's Education Act are stated as Curriculum Outcomes
and are achieved through eight learning areas. These do not appear to
be fulfilled by the education currently offered to the children held in
Australian Immigration Detention Centres.
Educational Deficiencies
The following deficiencies
were noted in the education being carried out in the three detention centres
that were investigated in detail:
- English, almost
exclusively, is the only subject being taught.
- The children
are not only not progressing in all subjects, except English, but
they are also losing the knowledge and skills they had prior to leaving
their homeland. If and when they are released from detention and attend
local schools, the detained children also find they are not adequately
computer literate. The limited hours of instruction and lack of teachers
qualified to teach a full range of subjects would make it very difficult
to adequately educate secondary students.
- There appears
to be a complete lack of essential teacher support materials such
as curriculum or curriculum guidelines. There also appears to be an
almost complete lack of basic teaching resources such as AV equipment,
reference texts, teaching texts, and student resources such as student
texts. Not all teachers have the qualifications or experience needed
to teach in detention centres.
- There is no
accountability on the part of the teachers.
- The children's
environment is detrimental to learning.
- Children can
be demeaned on excursions by segregating them from and not allowing
them to speak to children from other schools, who are not detainees.
- There is no
evidence of assessment or reporting of student aptitude or progress.
Funding
ACM are not educating
the children in their care, and neither they or the Department of Immigration
and Multicultural Affairs (DIMA) are providing the money that is needed
to adequately resource and staff the schools.
It appears that for
security, financial or other reasons, ACM are not accepting the offers
of help from the following organizations:
- The Victorian
Department of Education Western English School.
- Port Hedland Public
School.
- Sacred Heart School,
Villawood.
- Many and varied
volunteers.
RECOMENDATIONS
The following recommendations
are in order of descending choice.
Recommendation 1. Community
Living
All children and
their primary carers should be removed from the detention centres and
given protective visas that enable them to access free of charge the New
Arrivals educational programs run by the State Education Departments.
Advantage
This would remove
the children from a potentially psychologically and mentally damaging
environment. It would also give them access to a full education that
meets the requirements of both International and Australian Laws.
Recommendation 2. Community
Education
If the children are
to remain in detention then they should be educated in Australian Schools
near the detention centres that have New Arrivals and English as a Second
Language (ESL) programs. If this should occur it is essential the ACM
and DIMA personnel adopt a culture of support for the children. Suitable
infrastructure would need to be available to transport the children and
other issues such as spending money for lunches, equipment, text, uniform
if necessary, and excursions would need to be provided for. There are
schools and education departments willing to take these children. The
Victorian Department of Education Western English School even offered
to transport the children from Maribyrnong detention to their school each
day in their own bus.
Advantage
The children
would have access to an education that meets the requirements of both
International and Australian Laws. The interaction between the detainees
and the Australian school children would greatly assist in the assimilation
of the detained children when they receive protection visas, or with
international relations if they were deported.
Recommendation 3. Detention
School
This option is the
least preferred for the following reasons:
- The children would
still be living in a potentially damaging environment,
- ACM do not have
the expertise to run a school;
- The detention
centres under ACM do not meet the requirement of, an environment that
fosters learning, a requirement for a school;
- It appears to
be very difficult to supply and maintain adequately qualified staff;
- It is impossible
to adequately regulate or evaluate the education being offered in the
centres with the very limited access for any regulatory body, to the
immigration detention centres.
Requirements at
Law for Detention Schooling
For this option to
meet both International and Australian Law requirements the following
need to be done:
- Multipurpose
classrooms - provision of a teaching space for classes running simultaneously
with the elements as listed in 'Setting up a School' [8]
including areas where detainees are held in separation;
- A student Library/Reading
Room as described in 'Setting up a School';
- Equipment and
Resources as listed in 'Setting up a School';
- A permanent,
stable and experienced staff with suitably diverse qualifications
to teach all mandatory key- learning areas as prescribed by State
Curricula;
- Implementation
of a the State Curriculum Framework or equivalent;
- Provision for
children who will be deported to be instructed in native language
and culture.
Assistance Available
for Establishing Detention Schools
Every Australian
State with a detention centre has a State Education Department program
designed specifically for the special needs of the type of children that
are detained in the detention centres. These New Arrivals programs come
complete with curriculum / curriculum guideline / curriculum outcomes
/ curriculum framework, and resource lists.
Western Australia
Education Department [9] has an intensive language
tuition program for 'New Arrivals'. Up to four terms are provided for
permanent new arrivals. There is a specific resource centre that is rotated
on school sites. Students spend the whole day in the centre for the first
six months, then they are part time in the centre and part time in the
regular school classes for the next six months. This would be available
to ACM if they were willing to pay. There are bi-lingual resources and
a collegiate network.
The department
of Education Training and Employment, South Australia [10]
has written their own submission to the National Inquiry into Children
in Immigration Detention.
The Victorian
Department of Education and Training, Learning and Teaching Division Office
of School Education have intensive programs, and various resources
such as; a Multi Media Resource Kit, "Where's English?" and
a CD ROM, curriculum@work, which has documents and suggested resources
for key learning area. For more information see the ESL website www.sofweb.vic.edu.au/lem
The ESL Project Officers
at Language and Multicultural Education Resource Centre, in Carlton Victoria,
have produced an ESL Resource Kit [11] and a list of
requirements needed to set up the School at Puckapunyal, Victoria, to
cater for the Kosavo Refugees. [12]
The Western English
Language School [13] provides education for New Arrivals.
They had verbally arranged to have the children from the Maribyrnong Detention
Centre and they do not know why but they just did not come. They are more
than willing to accept them. They have sent educational resource material
to the centre.
The primary school
aged children are attending the local Catholic Primary School.
The department
of Education Training and Employment, NSW [14] has
written its own submission to the National Inquiry into Children in Immigration
Detention.
Recommendation 4 Children
not in Detention who are Excluded from Services
Remove the existing
injustice in the eligibility criteria for access to appropriate education,
between children with permanent protection visas and those with temporary
protection visas. At present in WA the children with permanent protection
visas have free access to 4 terms of New Arrivals programs whereas those
on temporary visas have no free access. All children on Temporary Protection
Visas have limited access to services.
APPENDIX
1
THE UN CONVENTION ON THE RIGHTS
OF THE CHILD
Article 28
1.
States Parties recognize the right of the child to education, and with
a view to achieving this right progressively and on the basis of equal
opportunity, they shall, in particular:
(a) Make primary
education compulsory and available free to all;
(b) Encourage the
development of different forms of secondary education, including general
and vocational education, make them available and accessible to every
child, and take appropriate measures such as the introduction of free
education and offering financial assistance in case of need;
(c) Make higher
education accessible to all on the basis of capacity by every appropriate
means;
(d) Make educational
and vocational information and guidance available and accessible to
all children;
(e) Take measures
to encourage regular attendance at schools and the reduction of drop-out
rates.
2. States Parties
shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and
in conformity with the present Convention.
3. States Parties
shall promote and encourage international cooperation in matters relating
to education, in particular with a view to contributing to the elimination
of ignorance and illiteracy throughout the world and facilitating access
to scientific and technical knowledge and modern teaching methods. In
this regard, particular account shall be taken of the needs of developing
countries.
Article 29 General
comment on its implementation
1. States Parties
agree that the education of the child shall be directed to:
(a) The development
of the child's personality, talents and mental and physical abilities
to their fullest potential;
(b) The development
of respect for human rights and fundamental freedoms, and for the principles
enshrined in the Charter of the United Nations;
(c) The development
of respect for the child's parents, his or her own cultural identity,
language and values, for the national values of the country in which
the child is living, the country from which he or she may originate,
and for civilizations different from his or her own;
(d) The preparation
of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among
all peoples, ethnic, national and religious groups and persons of indigenous
origin;
(e) The development
of respect for the natural environment.
2. No part of the
present article or article 28 shall be construed so as to interfere with
the liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principle set forth
in paragraph 1 of the present article and to the requirements that the
education given in such institutions shall conform to such minimum standards
as may be laid down by the State.
APPENDIX
2
WESTERN AUSTRALIAN CURRICULUM
ACT (1997)
In Western Australia
the Curriculum Council is the body responsible for implementing the Education
act. The Curriculum Council was established under the Curriculum Council
Act (1997).
- Curriculum Council
Act
The Curriculum Council
has provided a Curriculum Framework for kindergarten to year 12 schooling.
EXTRACTS FROM
THE CURRICULUM FRAMEWORK:
The Curriculum Framework
is an inclusive framework for all students in Western Australia. Inclusivity
means ensuring that all groups of students are included and valued. The
Framework sets out a series of outcomes agreed to be essential for all
students to achieve. The agreed outcomes form a common core of achievement
These learning outcomes
comprise the mandatory element of the Curriculum Framework which all schools
in Western Australia must either implement or obtain an exemption from
doing so from the Minister for Education. In addition, there are reporting
requirements as agreed between the Council and the governing bodies of
systems, sectors and schools.
In accordance with
the Curriculum Council Act, 1997, the Curriculum Framework sets out "...the
knowledge, understandings, skills, values and attitudes that students
are expected to acquire" (Section 4(b)). The Curriculum Framework
describes these requirements as a series of learning outcomes set out
in the Overarching and eight Learning Area Statements.
The Overarching
Statement
This Overarching
Statement outlines seven key principles which underpin the Curriculum
Framework and describes the Overarching learning outcomes to which all
learning areas contribute. It describes learning and assessment strategies
that are consistent with the Curriculum Framework and which promote achievement
of the outcomes.
Seven Key Principles:
- An encompassing
view of curriculum.
It encompasses the learning environment, teaching methods, the
resources provided for learning, the system of assessment, the school
ethos and the ways in which students and staff behave towards one
another. All of these provide experience from which the students learn.
.
- An explicit
acknowledgement of core values.
Social and civic responsibility, resulting in a commitment to
exploring and promoting the common good; meeting individual needs
in ways which do not infringe the rights of others; participating
in democratic process; social justice and cultural diversity; ..
- Inclusivity.
The Curriculum Framework is for all WA schools. Inclusivity means
providing all groups of students, irrespective of educational setting,
with access to a wide and empowering range of knowledge, skills and
values. It means recognising and accommodating the different starting
points, learning rates and previous experiences of individual students.
- Flexibility.
In particular it must encourage effective use of new technologies
as tools of learning.
- Integration,
breadth and balance.
all students need a broad grasp of the various fields of knowledge
and endeavour.
- A developmental
approach
.Students develop and learn at different rates and in different ways,
constructing new knowledge and understanding in ways which link with
their learning to previous experiences. it provides students
and their parents with a clear sense of the direction of students
learning, and through appropriate assessment and reporting procedures,
of how students are progressing.
- Collaboration
and partnership
Overarching Learning
Outcomes
- Students use
language to understand, develop and communicate ideas and information
and interact with others.
- Students select,
integrate and apply numerical and spatial concepts and techniques.
- Students recognise
when and what information is needed, locate and obtain it from a range
of sources and evaluate, use and share it with others.
- Students select,
use and adapt technologies.
- Students describe
and reason about patterns, structures and relationships in order to
understand, interpret, justify and make predictions.
- Students visualise
consequences, think laterally, recognise opportunity and potential
and are prepared to test options.
- Students understand
and appreciate the physical, biological and technological world and
have the knowledge and skills to make decisions in relation to it.
- Students understand
their cultural, geographic and historical contexts and have the knowledge,
skills and values necessary for active participation in life in Australia.
- Students interact
with people and cultures other than their own and are equipped to
contribute to the global community.
- Students participate
in creative activity of their own and understand and engage with the
artistic, cultural and intellectual work of others.
- Students value
and implement practices that promote personal growth and well-being.
- Students are
self-motivated and confident in their approach to learning and are
able to work individually and collaboratively.
- Student recognise
that everyone has the right to feel valued and be safe, and, in this
regard, understand their rights and obligations and behave responsibly.
The Learning Area
Statements
Learning areas individually
and collectively contribute to the achievement of the Overarching learning
outcomes. Learning Area Statements are provided for The Arts; English;
Health and Physical Education; Languages Other Than English; Mathematics;
Science; Society and Environment; and Technology and Enterprise. These
areas are a useful way of categorising the knowledge, skills and values
essential for the education of students in Western Australia. They provide
a structure for defining learning outcomes, for providing breadth and
balance in students' education and for ensuring attention is given to
specific disciplines.
The learning areas
are consistent with those endorsed by the Australian Education Council
as the basis for curriculum development in Australian schools and which
almost all Australian States and Territories use. Adoption of these eight
learning areas for the Curriculum Framework is in the interests of students
who move between jurisdictions and reflects a spirit of cooperation among
educators from all Australian States and Territories.
Learning Areas
- The Arts
- English
- Health and Physical
Education
- Languages Other
Than English
- Mathematics
- Science
- Society and Environment
- Technology and
Enterprise
APPENDIX
3
PORT HEDLAND
CURRENT SITUATION
Facilities
Teaching in "Separation"
No classrooms.
One teacher who
taught detainees in separation for two months in 2001, taught in the
two common rooms. In one the window was used for a board, in the other
a sheet of plastic stuck to the wall. There was no white or black board.
There is no interpreter
in separation.
Timetable -
- 9.00 am -10.30
am. 12 children between five and fifteen years.
- 11.00 am - 1.00
pm. Young men aged over seventeen with other men up to forty years
of age.
- 1.00 pm - 2.30pm.
Three to four unaccompanied male youths. This class only lasted for
a few months.
- 2.30pm - 4.00pm.
Young adult men aged between twenty and thirty-eight.
English was the
only subject taught. It is very hard to teach in isolation. Most of
the detainees have no English and there is no interpreter.
Teaching in the Main
Compound
Once detainees
have been through the initial process, they are released into the main
compound and able to attend the 'school'.
There are four
classrooms. There can be over 26 students in a classroom that comfortably
accommodates 15 students. The desks are very old. The chairs have to
be stacked for some children to reach the desk. There are grills on
the windows and the electric light is on at all times. One teacher found
this disconcerting, a form of torture.
The Port Hedland
Primary School is directly opposite the detention centre. The school
facilities have been offered for the use of the detainees. Children
from the centre joined the local school once.
Resources
- No textbooks.
In late March 2002, a diary and individual maths and spelling workbooks,
but no accompanying text, were provided for each student. The maths
books were for two different levels only.
- No photocopier
since October 2001 when it broke down. Despite several requests by
the teachers no replacement photocopier has been provided. All photocopying
is done in the management block, access is difficult and it can take
as long as a week to get copying done.
- There is no
library. However there is a bookshelf of old material donated by the
local Catholic School and some literacy books.
- Pencils and
exercise books are provided, sometimes coloured pencils and erasers.
- A whiteboard
in each classroom, but often no markers. The teachers often buy their
own markers as it takes too long to get replacements through the official
channels.
- Two computers
with Windows 97 and 95, only one working. No educational programs
except typing. Computers can only be used after 2.30 pm. There is
no internet access.
Problems
The teacher
is virtually the only resource, an impossible burden considering the
mix and type of student. No psychological or debriefing support is provided.
Employment Conditions
Teachers are employed
by an educational consultant.
ACM Teachers are
appointed for six-week blocks with the option of a three-week extension.
There is no overlapping of teachers or handover period. Teachers can be
re-employed for more blocks.
An example of one
teacher's employment record:
Salary. $27/hour.
The consulting firm that provides the teacher receives $38/hour/teacher.
No teacher job description or contract given.
The only document signed was a confidentiality agreement.
Teachers are watched
all the time by the ACM staff. Friendliness with the detainees is definitely
not permitted. Once the teachers leave the facility they are not permitted
to phone detainees still in detention. If they do so, this is grounds
for dismissal if they are re-employed.
The Programs Officer
is responsible for the School.
Staff at March
2002:
- Two teachers
employed by ACM. One of these teachers teaches adult men as well as
children. Hours 7.00 am-3.30pm, not all face to face teaching. English
is their language of instruction. When one teacher left, an unqualified
program officer 'taught' the pre-school and secondary school children
in the one class.
- A voluntary
teacher teaches English to adult women for two hours in the morning
and supervises sewing for two hours in the afternoon.
- Detainees act
as interpreters, two in each class. English into Persian (Farsi),
Farsi into Arabic.
- These interpreters
work the same hours as the teachers and get paid $1 per hour.
- Detainees take
pre-school for three contact hours per day at $1 per hour.
- Voluntary music
teachers from the local community have been admitted since February
2002.
Problem
No continuity
for students. It usually takes a teacher a few weeks to familiarise
themselves with the teaching conditions, the students, development levels,
abilities etc. of the students. This leaves too short a time to achieve
outcomes. For teachers that are not working out six weeks could be a
long time, for others it is frustrating.
Some students
will have six or seven teachers with no hand-over period and repetition
of material. Students lose motivation, become bored, their advancement
delayed.
Curriculum
- No curriculum
or programs provided for the teachers. ACM declined when asked for
time allocation and group collaboration to write programs and discuss
strategies.
- ACM makes it
clear that English is the priority.
- What is done
in the class is completely at the discretion of the teacher. There
is no check by any authority as to what material is being covered
in the classroom or what strategies are being used. It is totally
up to the teacher. "This is horrendous because what is done with
the students totally depends on the quality of the teacher. The teacher
could be creative or terrible."
- Currently English
is the priority. Very little else is done: a little Maths, Australian
History, World Geography and Arts and Craft.
- Nothing is addressed
in relation to the students' own culture.
- No sport or
organised outdoor activities.
- Excursions.
These are frowned on by ACM because of the costs involved, such as
a security officer or bus. There was only one excursion between August
2001 and November 2001. One excursion only since Christmas 2002, to
the local swimming pool.
Problems
"The burden
for teachers without curriculum support, guidance or supervising support
is very heavy."
"Students
are forgetting what they knew, and falling further and further behind
in all subjects except English."
"When teachers
organise parties/excursions the children are so happy. Their miserable
life is transformed for an hour or so. ACM officials take photos for
propaganda purposes. These 'happy' photos are sent to Canberra."
Evaluation / Assessment
No assessment of
students on arrival or prior to release or deportation.
No continuous assessment.
Recently, for the
purpose of continuity, two teachers tried to assess the students and keep
a record of what had been taught. Assessment of students was very difficult
with out photocopying facilities or textbooks. ACM Management are no concerned
with the lack of evaluation.
No assessment of
disabled students' disabilities.
RECOMMENDATIONS
There
should be:
- Both primary
ESL teachers and secondary teachers qualified to teach all subjects.
- A curriculum
used and programs written by a team and teachers given time allocation
to prepare programs.
- Support for
teachers, eg debriefing.
- Teacher resources.
- Text and activity
books for the students. "The children own nothing. They could
work from a book, take care of it and take it with them when they
leave."
- A reporting
system with a file on each student. This file should include initial
assessment, ongoing assessment and an exit report for future schools.
This should be part of the teacher's job description and contract.
7. Adequate notification for teachers when detainees are being released
to allow student reports, exercise books etc., to be prepared.
8. Communication between centres and management to facilitate the
implementation of initiatives.
9. Bilingual resources.
FAMILY STORIES
Mothers
and fathers with both secondary and primary aged children.
The average length
of detainment in Port Hedland was 18 months. Previous education: started
school at six and a half or seven years. Five years of primary and between
one and three years of high school. Their curriculum included such subjects
as Maths, Science, History, Geography.
One mother worked
as an interpreter in the school, another cleaned toilets.
Education.
The children had
many teachers in the eighteen months period.
English only. One
teacher did a little Maths.
Classes 9.00 am -
12.00 pm with a morning recess break, and 1.00 pm - 3.00 pm.
No textbooks, only
photocopies, no stationary.
Two interpreters
(detainees) in each class. English - Persian (Farsi) and then Persian
to Arabic.
No homework.
No assessment.
Two computers, one
functioning.
No educational programs,
except typing.
No computer instruction.
The children felt
it was a good idea to be instructed in English, but the interpreters did
not because they did not bother to think or answer in English when they
could do it in their first language.
They found school
boring and lacking purpose, suggesting a greater variety of subjects and
continuous assessment would help.
Both parents and
children were worried that so much knowledge had been lost.
Those who are now
in regular schools find they are significantly delayed for their age.
They are finding a lack of computer skills a difficulty at their present
school. They are very happy in their new school and keen to achieve and
progress.
Parent's View
The parents said
it was hard for the children to have their mind on education under the
conditions in which they were being detained. It was not the length of
detention as much as the inhumane way they were treated that caused the
difficulties.
"ACM is
the main problem, even the length of time would not be a problem if
they left us alone."
"If they
would just leave us in peace we could get on with being in detention
and serve the time with dignity."
"There
are so many wrong things happening around us as well as personal family
problems."
"How (can)
you expect to help kids, to guide them in such [conditions] and be a
normal person when I get out of here"
"The children
do not have a 'job' to do. They are just filling in time."
"You cannot
call it education. It is just a way to spend a day and keep busy."
The parents went
to two ACM officers and talked through the whole situation including their
personal marriage problems. The officers admitted knowing their conditions
and educational problems, but insisted that they were not able to change
anything.
Mothers attempted
suicide, resulting in forced isolation from the children which had an
effect on children's ability to learn.
Theft of a baton
by a detainee, and the holding of family in rooms for hours without moving
or being permitted to go to the toilet unsupervised. Children were bribed
in an attempt to recover the baton. Personal belongings, even women's
underwear, were searched. ACM knew the use of the baton was illegal. The
detainees gave the baton to a member of parliament to show what instruments
were being used on them. They do not know if anything has come of it.
A knife made from
a shaving razor for preparing food was confiscated, and the detainee was
humiliated.
K Block has only
a bed, mattress, and constant camera surveillance.
Panadol is the only
medication given for all medical conditions
The detainees feel
that the "System" is trying to create a distance between the
detainees and the Australian public.
They have a concern
that Mr. Philip Ruddock is portraying them as criminals, as bad people.
A 15-year-old boy
was placed in K-Block and children went on a hunger strike to have him
released.
These stories
were given as examples to illustrate the impact of detention on the children.
APPENDIX
4
VILLAWOOD
CURRENT SITUATION
Educational Facilities
Classrooms:
- Two adjoining
primary classrooms in a demountable.
- A demountable
with two rooms in Stage 2.
- Two small adult
classrooms in Stage 1-3
- A computer room
near the adult classroom.
- An adult library
and a children's library in the children's classroom.
Resources
There are seven computers,
with windows and games such as solitaire and free cell. No computer instructions
are given to students.
No information was
obtained on classroom or teacher resources.
Teaching Staff
Two Teachers:
- One pre-school,
10hrs/week
- The other, four
hours per day, four days per week.
There have been unsuccessful
requests for high school teachers of other subjects, such as Maths/Science
and Art teachers.
Students and Timetable
As at 5 April 2002
there were 12 children:
- Six high school,
one teenage girl does not attend school:
- Three primary
and
- Three pre-school
children.
Classes:
- Pre-school classes
are five hours per day, two days per week;
- One primary class,
the teenagers sit in the adjoining room and the teacher supervises them;
- Adult women classes
are four hours each Monday morning;
- The older teenage
boys can go to the adult male classes;
- The teenage girl
goes to the primary class.
Adult Teacher. Four
days per week
Timetable for each
day;
- 1 hour - Stage
1, men's area.
- 1 hour - Stage
2, family area.
- 1 hour - Stage
3, followed by,
- 1 hour - Stage
2.
It takes approximately
half an hour for the teacher to go between Stages 1 and 2 and approximately
15 minutes between Stages 2 and 3.
Problems:
- Both parents
and children say that very little teaching is done. The children spend
a lot of the time in the classroom playing computer games.
- The children
said it was hard to take their education seriously when there was a
lack of recognition of achievements or advancement for the children.
- A general lethargy.
The detainees were so preoccupied with being released in the near future
that they had little motivation to contemplate educational initiatives.
"We are in detention. Education is for when we are out."
- Both the parents
and children feel the children have not progressed, that they are falling
behind their peers. The children have lost a lot of grammar and writing
skills in their own language as well as skills in other subjects such
as maths and science. One teenager's favourite subject had been science.
He has done no science while being in detention, saying he has no resources
to do it. It also seemed that he had lost motivation.
- Extra staff
is needed to allow for extra hours of teaching.
- With the current
facilities and the small number of high school aged children, it would
be very difficult to provide an adequate secondary education in Villawood.
APPENDIX
5
THE EDUCATION ACT (1990)
(NSW)
The Board of Studies
(BOS) New South Wales, Australia is the authority that interprets and
implements the Education Act.
The K-10 Curriculum
Framework (2002) and syllabuses can be found at www.boardofstudies.nsw.edu.au
The Board of Studies
New South Wales, Australia
The following extracts
from the BOS document, lists the relevant sections of the Education Act
1990 (NSW). From; http://www.boardofstudies.nsw.edu.au/surveys/k10-frame-wb.html
6. Curriculum requirements
The Education
Act 1990 (NSW) establishes minimum curriculum requirements for students
attending New South Wales schools, and empowers the Board of Studies to
establish guidelines for courses of study. In addition, the Act and the
Board of Studies establish further requirements for the award of the School
Certificate.
School systems may
prescribe additional requirements beyond these.
6.1. Minimum Curriculum Requirements
for Years K - 6
The
Education Act prescribes the following minimum requirements for the Years
K - 6 school curriculum:
- courses of study
in each of the six key learning areas for primary education are to be
provided for each child during each Year.
- courses of study
relating to Australia are to be included in the key learning area of
Human Society and its Environment.
- courses of study
in both Art and Music are to be included in the key learning area of
Creative and Practical Arts.
- courses of study
in a key learning area are to be provided in accordance with any relevant
guideline developed by the Board of Studies.
Proposition 1:
The current Education Act requirements for the minimum Years K - 6 curriculum
should be maintained.
6.2 Minimum Curriculum Requirements
for Years 7 - 10
The Education Act
prescribes the following minimum requirements for the 7 - 10 school curriculum:
- courses of study
in six out of the eight key learning areas for secondary education are
to be provided for each child
- courses of study
in the key learning areas of English, Mathematics, Science and Human
Society and its Environment are to be provided during each Year, but
the courses of study in the other key learning areas need not be provided
during each Year
- courses of study
in a key learning area are to be provided in accordance with any relevant
guideline developed by the Board of Studies.
Proposition 2:
The current Education Act requirements for the minimum Years 7 - 10
curriculum should be maintained.
- English
- Mathematics
- Science
- History (History
in Stage 4 and Australian History in Stage 5)
- Geography (Geography
in Stage 4 and Australian Geography in Stage 5)
- PDHPE
Design and Technology,
with at least 50 hours devoted to learning about and using computers
...
8. Specification of when subjects
need to be studied
The Education Act
requires that English, Mathematics, Science and Human Society and Its
Environment must be studied in each of Years 7 to 10.
The Board requires
that PDHPE should be studied during each of Years 7 to 10, History and
Geography in Stage 4 and Australian History and Australian Geography in
Stage 5. The Board also provides advice on when Visual Arts, Music and
Languages should be studied.
..
9. Indicative hours
10. Monitoring and reporting
student achievement
School authorities
and schools establish requirements and procedures for reporting student
achievement to students, parents and to other teachers.
To give schools the
tools they need to report to their communities in consistent ways, the
standards framework will assist with the communication of information
about student achievement at the Year 6 / Year 7 and the Year 10 / Year
11 transition points. While the content standards described in syllabuses
provide focus and direction for teaching and learning, performance standards
communicate the standards to which students, teachers, schools and school
systems must aspire, and they provide a common language for reporting.
The Board's standards
framework will provide graded descriptions of the standards to be achieved
at the end of each stage in the form of stage statements written in three
to five levels, or in the form of performance descriptions in Stage 5.
These statements will represent a snapshot of various levels of student
performance as they demonstrate outcomes in integrated and holistic ways.
Advice in syllabuses
will concentrate assessment and recording at least at the strand level
in order to discourage fragmentary or atomised learning.
The Board's syllabuses
and support materials will provide a common language of assessment and
reporting so that schools within and across systems can assign a common
meaning and understanding to terms in the curriculum. This common language
will be accessible to students and parents.
APPENDIX
6
ESL RESOURCE KIT.
This ESL Resource
Kit is a small collection of the type of resources housed at the Language
and Multicultural Education Resource Centre (LMERC), 150 Palmerston St.
Carlton.
The Kit includes
some of the materials which ESL teachers in primary and secondary schools
and language centres find useful with their newly arrived students. It
is suggested that teachers start with Beginning ESL: support material
for primary new arrivals. This book contains useful suggestions and makes
direct links with the set of books and resources in the kit. Though the
focus of the book is on primary students, secondary teachers should find
the book adaptable for secondary new arrivals.
The loan period for
the kit is 4 weeks for schools in the metropolitan areas and six weeks
for schools in the country areas. Your school is responsible for returning
the kit to the centre by the due date. Please check contents of the kit
before returning. For an extension or further enquires regarding the kit
please contact:
Chris Finch
or
Pam Luizzi
ESL Project Officers
Language and Multicultural Education Resource Centre
150 Palmerston Street, Carlton, 3053
Tel 9349 2400
Fax 9349 1295
Items included in
the Kit are marked with a tick. (
The "Items Returned" column is provided to help you to tick
off items
when you return them to LMERC.
Appendix 7
Appendix 7 - Setting
up a New Arrivals School, Puckapunyal Victoria is available by contacting
childrendetention@humanrights.gov.au.
Appendix 1. The Convention on the Rights of the Child. Article 28 and
Article 29 General comment on its implementation
see www.curriculum.edu.au/mceetya/adeldec.htm
Appendix 1. The Convention on the Rights of the Child. Article 28 and
Article 29 General comment on its implementation
Appendix 2 WA Curriculum Council Act (1997) and extracts from the Curriculum
Framework.
WA Schools Education Act (1999) www.edreview.wa.gov.au
Appendix 5. The Education Act 1999 (NSW) and K-10 Curriculum Framework
(2002)
See Appendix 6. Setting up a School. Puckapunyal, Victoria.
WA Department of Education, Curriculum Department, Telephone 08 92644111.
Department of Education Training and Employment, SA, telephone 08 8226250.
See Appendix 6. The Language and Multicultural Education Resource Centre
ESL Resource Kit.
See Appendix 7. Setting up a School. Puckapunyal, Victoria.
The Western English Language School is at 46 South Road Braybrook Victoria
3019. Telephone 03 93119325.
Department of Education Training and Employment, NSW telephone 02 95651800
Last
Updated 9 January 2003.
