Asylum Seekers Australia

Asylum Seekers Refugees People Smugglers Migrants Trafficking in Humans July 11 2009 (Compiled by Rosemary Grundy PBVM)

INTERNATIONAL LAW UNHCR UN Member States 194

INSTRUMENTS of INTERNATIONAL LAW Conventions Treaties Covenants Declarations Additional Protocols Voted into Law by the UN General Assembly

Member States Ratify the Instruments Ratify the Protocols Ratify one only within each Instrument Decline to Ratify Once an Instrument is ratified, the Member State is obligated to comply Every Member State that ratifies an instrument is required to report periodically to the UN

UN Agency for Refugees The Office of the United Nations High Commissioner for Refugees UNHCR Established December 14 1950

MANDATE of UNHCR Lead and Coordinate international support for Refugees Protect and support Refugees at the request of a government or the UN Safeguard the rights and well-being of Refugees Ensure that people can exercise the right to seek asylum, and find safe refuge in another State Assist in return home and/or voluntary repatriation, local integration or resettlement to a third country.

The United Nations Refugee Agency is currently at work in over 110 countries, including some of the most dismal and poverty-stricken places on earth. UNHCR provides the basic needs of survival to more than 32.9million refugees and displaced people, who have fled from persecution and armed conflict, and are now living in desperate conditions. UNHCR

International Legal Instruments Convention relating to the status of Refugees - July 28, 1951 Protocol relating to the Status of Refugees – October 4, 1967

Convention: amended by the 1967 Protocol A refugee: Is a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable, or owing to such fear, is unwilling to return to it.

A Refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable or unwilling, owing to such fear to avail himself/herself of the protection of that country.

The 1951 Convention : Referred to the protection of Displaced Persons who were unable or unwilling to return home following World War II The 1967 Protocol : Expanded to include protecting and providing humanitarian assistance to what it describes as other persons “of concern”, including internally displaced persons (IDPs) who would fit the legal definition of a refugee under the 1951 Convention

Other International Instruments that affect Refugees Universal Declaration of Human Rights – 1948 International Convention on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights Convention on the Rights of the Child Convention Against Torture Convention on the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination Against Women International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Convention on the Rights of Persons with Disabilities International Convention for the Protection of All Persons from Enforced Disappearance

Catalysts for people movement seeking Asylum WAR & PERSECUTION

Religious and Political Persecution

Vietnam War Late 1950’s American involve- ment in Vietnam 1960s, 70s - Kennedy, Johnson, Nixon, Kissinger period Australian troops were deployed April 1975 Saigon fell Communist rule installed 1970s the White Australia policy was revoked. Waves of Boat People seeking asylum around the world – Australia a receiving country New global awareness of refugees

Africa Central Africa East and Horn of Africa Southern African Region Asia and the Pacific Central Asia East Asia and the Pacific South Asia South-West Asia Americas North America and the Caribbean Latin America Europe Central Europe and the Baltic States Eastern Europe South Eastern Europe Western Europe Middle East and North Africa UNHCR - Current Major Sites

Refugees strive to “normalise” life in the camps

ISRAELI / PALESTINIAN TERRITORIES CONFLICT

Palestinian Refugee Camp with Israeli settlements in the background

Palestine – checkpoints Refugee Camp conditions

Hill County Refugee Camp - Thailand

9 Border Camps along the Thai Border

Hill Country Border Camp, Thailand

From the Refugee Camps To UNHCR in Bangkok

UNHCR in Bangkok Thailand has not ratified the Refugee Convention

“ Normalising” life in Thai Refugee Camps

Thai Military Management of Refugee Camps ID Cards issued Legal Centres established

Preparing for Voluntary Repatriation or Resettlement in a third country

Special case of Hill Tribe Peoples No recognised citizenship Traditional lifestyles Lands taken by neigh- ouring peoples No rights to health, education or other human services Fleeing from political regimes – Burma, Laos.

Resettlement to a third country

African Continent 53 Countries 8 Territories

Complex Issues in Africa History of Colonisation Desire for European-style life Assertion of Indigenous Rights Extractive Industries Ready access to the illegal arms trade Killing and Maiming from Land Mines HIV / AIDS Poverty Drought Child Soldiers - Boys - Girls …………………………………………… .

UN Resolution 1325 October 31, 2000 - UN Security Council Women, Peace and Security Disproportionate and unique impact of armed conflict on women Recognised the under-valued and under-utilised contributions that women make to conflict-prevention, peace-keeping, conflict-resolution and peace-building Stressed the importance of their equal and full participation as active agents in peace and security

Australia and Refugees Stories Laws Assessment and Processing Visas Detention

Ms Chol, who is studying for a business certificate, teaches computer skills to young Sudanese refugees. She was among 15 students who were awarded Scholarships yesterday in recognition of academic and community success. The regional representative of the United Nations High Commissioner for Refugees, Richard Towle, told award recipients that education was vital. "Education … is the critical building block for your own success, for your family's success and for your full integration and life in this country." cf Yuko Narushima SMH 16/6/09of STORIES Atuna Chol was forced to leave Sudan barefoot when she was nine. Carrying her two-month-old sister, she and her sick mother walked for weeks in the heat to Ethiopia before applying for asylum in the Congo. She lived in a Ugandan refugee camp before arriving in Australia in 2004. A comfort she now enjoys is a restful sleep, without fear of needing to flee during the night. "If you took your clothes off, you ran naked," she said. "It's so good here. I'm not thinking about where to run or what to do.

Definitions Refugees Asylum Seekers Authorised arrivals Unauthorised arrivals People Smuggling Environmental Refugees Illegal Immigrants Economic Migrants Labour Migration Trafficking in Humans

A refugee is a person who flees to escape conflict, persecution or natural disaster. Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country

Clarifications A person becomes a refugee under international law once he or she crosses an international border and is assessed as meeting the definition of a refugee, either by a national government or an international agency such as UNHCR

In popular use the term refugee is often interpreted more broadly than the legal definition – to include all people who flee their homes seeking refuge from harm. People may flee from: War or civil strife Domestic Violence Poverty Natural or Human-made disasters These reasons do not fall within the legal definition of a refugee under the 1951 UN Convention relating to the status of Refugees, or the 1967 Protocol

Asylum Seekers An Asylum Seeker is someone who says that he or she is a refugee but whose claim has not yet been assessed by a designated authority

Asylum Seekers Many asylum seekers make applications in neighbouring countries, while some apply in countries further afield. As a signatory to the Refugee Convention, Australia must comply with its obligations and ensure that all those who make claims for protection while in Australia have their claims assessed in accordance with the Convention A person is a refugee once she/he fulfills the criteria of the Convention. Refugee status is then confirmed under international law.

Asylum Seekers World Wide 2007 740 000 individuals world wide 6,303 in Australia 50,700 in the United States 45,600 in South Africa 36,400 in Sweden

 Under the Convention on Refugees, Asylum seekers have the right to cross borders into another country Under International Law they are not illegal They have the right to be assessed as eligible for Refugee status in a new country

Refugee Visas granted to Asylum Seekers in 2001 Ethiopia – 19,896 USA - 17,979 Malaysia 14,156 France 12,928

Refugees have rights in the country of settlement Protection from being sent back to their country of origin against their will; Access to employment, education, the legal system, civil rights; Not to be discriminated against on the basis of how they arrive in another country seeking protection

Economic Migrants Those who choose to move to another nation to improve their economic prospects through work. Skills Migration / Labour Migration is based on people who have skills needed in another country, applying to come to that country to work

International Organisation for Migration Assists people to access Labour Migration An organisation of business people within the UN System Assists with all legal processing, including the transfer of funds to families back home (Remittances) Concerns raised by NGOs such as Human Rights Watch

Environmental Refugees Those who seek asylum because of Climate change impacts on their place of residence: Tuvalu

Appeals to the International Community are proceeding slowly

Authorised Arrivals Enter Australia with a valid visa (tourist/student) They may apply for a Permanent Protection Visa (PPV) – as Refugees A Bridging Visa may be granted while protection claims are assessed Application to work is dependent on their immigration status Government assistance is granted if they cannot meet basic needs for accommodation, health and food If they are not found to be refugees they will be detained until they are removed from Australia.

UNAUTHORISED ARRIVALS Enter Australia without a valid visa, by boat or by air. 2008 Australian policy – unauthorised arrivals are only detained for identity, health and security checks (C/- Detention Centres) When checks are passed a bridging visa is issued They can live in the community while refugee status is determined If not assessed as valid refugees, they are removed from Australia

Unauthorised Arrivals who have passed the checks, and who proceed refugee status claims are considered as On-shore Asylum Seekers / Refugee Claimants Until recently they were required to apply for refugee status within 45 days of their arrival. While living in the community they cannot claim government assistance or seek work. They depend for financial assistance and support on Non-Government Agencies.

ILLEGAL IMMIGRANTS They are usually people who arrive on a legal visa but overstay beyond the visa period and therefore they are here illegally Most illegal immigrants in Australia are from western countries, eg USA, UK Those from Western countries do not usually seek asylum in Australia Asylum seekers become illegal immigrants only if their claim to refugee status fails More than 80% of asylum seekers who have arrived in Australia by boat are assessed as refugees.

Australia’s Policy on Refugees Department of Immigration and Citizenship (DIAC) To assist people with humanitarian support while still overseas - for these people, resettlement in another country is the only available option To comply with Australia’s international obligations within Australia under the Refugee Convention

Off-shore Resettlement for refugees and “other humanitarian entrants” who apply for a visa from outside Australia Refugee Visas – in compliance with the Convention on Refugees Special Humanitarian Program Visas – for people subjected to substantial discrimination, gross violation of human rights.

On-shore protection Once in Australia, an Asylum Seeker may apply for a Protection Visa . To be granted a Protection Visa, the Asylum Seeker must satisfy the definition of a Refugee as outlined in the Refugee Convention. Permanent Protection Visas allows permanent residency in Australia with the same rights as all Australian citizens

Who decides refugee Applications? Application is made to DIAC DIAC officers assess individual claims against the Refugee Convention and Protocol The decision should be made within 3 months (c/- 2005 DIAC Fact Sheet) Applicants must meet certain health and character requirements PPV is then granted

QUEUE Jumping There are NO queues Queues assume that there is an orderly process where – An appointment is made at the nearest Australian embassy To discuss reasons for wanting settlement in Australia And then placed on a list for assessment when their turn comes up.

REALITY War breaks out Soldiers come in the night and burn down your house You flee No time to phone the Embassy and see if there’s a place for you on a non- existent queue

Location of Embassies Africa - CAIRO - distance from African War Zones – Asylum seekers required to cross several national borders Thailand - BANGKOK - Considerable distance from Hill Tribe areas and from Myanmar (Burma) Afghanistan - KABUL - Australian Embassy, Afghanistan The Australian Embassy in Kabul has been closed to the public since 16 October 2007 due to security concerns Israel - TEL AVIV - Palestinians would need to get through Israeli army checkpoints.

PEOPLE SMUGGLING A multi-billion dollar business Annually 4 million people trafficked or smuggled across international borders Booms in Western ‘receiver’ nations – perceived safety Australia relatively insulated – in 2008 67,000 travelled in boats to European coasts 38,000 landed in Italy 51,000 crossed the Gulf of Aden from Somalia to Yemen 164 arrived in Australia by boat. (Note: There have been increased arrivals in 2009)

PEOPLE SMUGGLERS 232A Organising bringing groups of non‑citizens into Australia A person who: (a) organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of a group of 5 or more people to whom subsection 42(1) applies; and (b) does so reckless as to whether the people had, or have, a lawful right to come to Australia; is guilty of an offence punishable, on conviction, by imprisonment for 20 years or 2,000 penalty units, or both. Note: Sections 233B and 233C limit conviction and sentencing options for offences under this section Migration Act 1958

People Smuggling / Trafficking People Smugglers are paid by desperate Asylum seekers voluntarily wishing to leave their country. People Smugglers are often deceptive, eliciting further funds from refugees once they arrive. They may make threats against family members left behind. Reports of false promises in relation to visas, treatment and destinations.

People Trafficking People traffickers use deception and/or coercion, to force people to enter a country illegally There are usually promises of working conditions that will improve their lives Work is often in the Sex Industry or in Cheap Labour Once the trafficked person is assigned work, she/he is required to repay travel and accommodation costs Passports are usually confiscated Cruel treatment frequently accompanies the work and living conditions.

Why Asylum Seekers use Smugglers Desperate, seeking escape from intolerable situations People risk their life savings, or those of their family or community to leave their country Asylum seekers place their lives in the hands of strangers to travel on small boats that are usually overloaded or unsafe Legal avenues of escape are limited Limited possibility of obtaining a passport or a legal visa Neighbouring countries may not be signatories to the Refugee Convention

Detention 1992 – Paul Keating introduced mandatory detention in response to an influx of Vietnamese, Chinese and Cambodian refugees. Judicial review disallowed 273 day limit 1994 – mandatory detention extended removing the 273 day limit 2001 – post-Tampa affair, John Howard introduced the Pacific Solution. Islands excised from Australian migration zone. Asylum seekers removed to a small island nations in the Pacific to determine their refugee status. 2001 – Border Protection Bill – allowed removal of any ship from Australian territorial waters; any person on the ship could be forcibly returned to the ship; guaranteed that no asylum applications could be made by people on board that ship

1999-2006 Most detainee Asylum seekers were from Afghanistan and Iraq. - More than 80% were assessed as Refugees. Few were repatriated. 2001 – most detainees were issued with Temporary Protection Visas 2005 – Australia’s longest serving detainee, Peter Qasim, detained for over 7 years was released 2006, Australian government made $400,000 compensation payout to an 11-year-old Iranian boy for psychological harm. 1999-2002 – National Inquiry into Children in Immigration Detention – 285 unaccompanied children were held. Inquiry found Detention to be cruel, inhumane and degrading treatment. Many basic rights outlined in the Convention on the Rights of the Child were denied. 2001 – Human Rights Watch – letter Wrongful detention – Cornelia Rau – held for 10 months 2008 – Kevin Rudd announced an end to the policy of automatic detention, and of the Pacific Solution. September 2008 – Announcement to re-open Christmas Island centre

Christmas Island – remote closer to Indonesia than to the Australian mainland Access by lawyers and support people difficult and expensive costly to the Australian people

Did You Know? Australia has been charging former detainers for the cost of their detention, accommodation, food and transport. “ Australia is the only country in the world that charges innocent people the cost of locking them up ” (Julian Burnside QC)

 A few years ago, a detainee took a test case to the Federal court challenging the constitutional validity of charging innocent detainees the cost of their own detention. The challenge lost. He was represented by pro bono lawyers. The Government then chased, not only for his detention costs ($29,000) but also for the Government’s legal costs ($31,000) One man now living in Ballarat is paying off his debt at $100 a month. It will take him 170 years to clear it.

March 2006 - The Senate Legal and Constitutional Affairs Committee said it was a serious injustice to charge people for the cost of detention – “ It is an extremely harsh policy and one that is likely to cause significant hardship to a large number of people” April 2008 - The Commonwealth Ombudsman – “ The size of some debts cause stress, anxiety and financial hardship to many individuals who are now living lawfully in the Australian community, as well as those who have left Australia.” March 2009 - The Minister for Immigration and Citizenship, Senator Chris Evans, introduced a Bill to abolish the unjust and ineffective detention debt regime imposed on Immigration detainees. The Migration Amendment (Abolishing Detention Debt) Bill 2009 will also waive all existing debts for current and former detainees, but there will be no refunds to debts already paid. June 2009 – The Migration Amendment (Abolishing Detention Debt) Bill 2009 was Passed through the House of Representatives. August 2009 - The Migration Amendment (Abolishing Detention Debt) Bill 2004 will be debated in the Senate.

What can we do to help? The Romero Centre - Ecumenical Social Justice Group, auspiced by Lifeline for Multicultural Affairs Qld. Address: 20 Dutton Street Dutton Park Q 4102 PO Box 6115 Buranda Qld 4102 Phone: 3846 3259

Refugee Claimants Support Centre in Brisbane , Queensland Australia ... Refugee Claimants Support Centre , services to on-shore asylum seekers ( refugee claimants , refugees to be) and raising awareness in Brisbane , Australia. Telephone No.(07) 3357 9013Facsimile No.(07) 3357 9019 E-mail: [email_address] Street Address 12 Bonython Street Windsor QLD 4030 AUSTRALIA Postal Address PO Box 160 Lutwyche QLD 4030 AUSTRALIA

How to Help Walk the journey with someone: Drive them to appointments, eg Medical If you can teach English, very helpful Check into the website and you’ll receive regular newsletter Attend volunteers sessions Requests often made Culturally appropriate Food Phone cards for local and overseas Public transport cards

AUSTRALIAN HUMAN RIGHTS CONSULTATION Ongoing debate about the need for an Australian Bill of Rights Some believe that human rights are well taken care of in Australia, so we don’t need a Bill of Rights Some believe that it gives judges too much power, c/- in the US where rights such as bearing arms have “got out of hand” In recent years there have been abuses of the human rights of Asylum Seekers, Refugees, and people such as Corneila Rau

National Human Rights Consultation Run by an independent Committee Consult broadly with the community across all Australia Awareness-raising activities for community participation Consultations completed June 30 2009 Report to the Government – advantages and disadvantages of a Bill of Rights Assessment of the level of Community support for a Bill of Rights

Consultation Committee Supported by a Secretariat in the Attorney-General’s Department Father Frank Brennan SJ, AO (Chair) Philip Flood Mary Kostakidis Mick Palmer AO, APM Tammy Williams

Website www.humanrightsconsultation.gov.au On this website you can: Learn About the National Human Rights Consultation Find out Who's who Read the Consultation Committee’s Terms of Reference Register to attend a Community Roundtable session near you Learn About human rights in Australia Read public submissions other people have made Get Consultation news Find the answers you need in our Frequently Asked Questions NEW! Share your views by participating in an Online Consultation

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