AJA Refugee News ? July 2009

In this issue:
Progress on asylum policy reform
Call for submissions on Migration Amendment (Immigration Detention Reform) Bill
OPCAT and the potential implications for asylum seekers in Australia
An update on Afghanistan and the global refugee context
People to honour and celebrate
Upcoming events

In the last month we have seen significant progress towards legislative reform in a number of policy areas.? We commend Immigration Minister Chris Evans and other concerned parliamentarians who have worked for fair and just policies for asylum seekers (see below) and we urge our politicians to continue to work towards moving Australia?s asylum policy into line with our international human rights obligations.

Detention debts

On 25 June 2009, the government?s Bill to abolish immigration detention debts for asylum seekers was passed in the lower house.? The Opposition let the Bill pass without calling for a formal vote ? a wise move considering that Liberal MPs Petro Georgiou, Russell Broadbent, Judi Moylan and Dana Vale had committed themselves to crossing the floor to support the Bill should it come to a vote.? We applaud the principled stance taken by these MPs despite party pressure.? Independent MPs Tony Windsor and Robert Oakeshott also supported the Bill.? By all accounts it was an emotional afternoon in Parliament, with intense debate, supportive hugs and Broadbent?s ?God forgive me that I was part of that parliament that did that? speech.

The Bill still needs to be passed in the Senate when parliament resumes on August 11 after the six-week winter break, but we remain optimistic that the Bill will be passed with the support of independent Senators Nick Xenophon and Steve Fielding.

Thank you to all AJA supporters who wrote to their MPs to ask them to support the Bill.

Work rights and community arrangements

On 30 June, the government announced another welcome reform, relating to work rights for community-based asylum seekers.? As of 1 July 2009, the ?45-day rule' no longer applies.? This regulation had previously denied work rights to those who applied for protection after 45 days of arriving in Australia, thus forcing many to live in destitution and ill-health based on an arbitrary and groundless rule.? It also breached international human rights law which recognises the right of every person to adequate food, clothing and housing.? Now, however, community-based asylum seekers will have access to work rights if they fulfil certain criteria: for example, if they hold a substantive visa at the time of applying for a protection visa, or - if they don't hold a substantive visa when applying - they can demonstrate a compelling need to work and?an acceptable reason for delay.? Guidelines on these new work arrangements can be found at http://www.immi.gov.au/refugee/permission/?

Because these changes were effected through changes in regulations and not legislation, the government did not have to pass a Bill through parliament.? Under our system of government, the Opposition can choose to disallow the regulation changes within 15 sitting days after the regulation was ?tabled?.? We shall have to wait until August to be sure that the abolition of the 45-day rule is finalised.

Migration Amendment (Immigration Detention Reform) Bill 2009

Also on June 25, the government introduced a Bill to formalise certain key elements of their ?New Directions in Detention? policies (announced in July 2008) into legislation.? The Immigration Detention Reform Bill seeks to enshrine the principles that detention is used as a last resort and for the shortest practicable time, and that children must not be held in an Immigration Detention Centre [which however does not preclude their detention in other forms of immigration detention facilities].? The Bill also allows the Minister to delegate his powers of ministerial intervention to DIAC officers.? Some elements of the ?New Directions in Detention? policy are not included in the Bill, including review mechanisms for a person?s detention (3 months by a DIAC officer, 6 months by the Ombudsman).? Some Regulation changes are also expected to be made if the legislative changes are passed, for the purpose of supporting these legislative changes.

AJA strongly commends this move to enshrine detention principles into legislation.? We urge the Senate Standing Committee on Legal and Constitutional Affairs, who will consider the Bill, to support this legislation.

However, our concerns with the limitations of the original ?New Directions in Detention? remain: review mechanisms for the length and conditions of a person?s detention are inadequate; children can still be detained in immigration facilities which are detention centres in nature if not by name; and because of excision laws, these detention values do not apply on Christmas Island.? For more information, read this joint AJA-RCOA statement in response to the first report by the Joint Standing Committee on Migration?s Inquiry into Immigration Detention, or read this?short issues update on our homepage.

Call for submissions on Migration Amendment (Immigration Detention Reform) Bill

The Senate Standing Committee on Legal and Consitutional Affairs?has invited submissions on the Immigration Detention Reform Bill, due by Friday 31 July, 2009.

Your help is needed: AJA will be submitting a submission to the Inquiry, but we also encourage you and all other members of the public to make a submission as well.? Remember, anyone can put in a submission, and a submission can be as simple as a short letter that states your opinions.? Some points that you may wish to include are that:

-?the detention values should apply to Christmas Island, not just mainland Australia.? After all, most child asylum seekers are located on Christmas Island.
-?the Immigration Detention Reform Bill should state that children should not be detained in any kind of secured immigration detention facility.? Currently, children are being detained in facilities that are detention centres in all but name, under guard supervision and unable to come or go freely.
-?the Immigration Detention Reform Bill should specify adequate measures for independent, timely review of a person?s detention.? The Bill in its present form does not include any review measures.? Under present policy, a person can be detained for six months before any independent review (by the Ombudsman) and even then, the Ombudsman?s recommendations are not enforceable.? Six months is too long to be detained on the decision of just one DIAC official.

Submissions can be given online (www.aph.gov.au/SEnate/committee/legcon_ctte/migration_2009/info.htm),?
by email (to legcon.sen@aph.gov.au as an attached Adobe PDF or MS Word? document, with full postal address and contact details in the email) or by post to:
Committee Secretary
Senate Legal and Constitutional Committee
PO Box 6100
Parliament House
Canberra ACT 2600

OPCAT and the implications for asylum seekers

Last month, we reported the good news that Australia had signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), bringing us one step closer towards ratifying OPCAT.? Easy-to-read information about OPCAT and the implications for asylum seekers in Australia is now available on our website ? click here.
In short:
What is OPCAT?
OPCAT is an international agreement aimed at preventing torture and cruel, inhuman or degrading treatment or punishment. It builds on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).? Under the OPCAT, state parties agree to international inspections of places of detention by a designated Sub-Committee, and must also establish an independent mechanism to conduct inspections of all places of detention.
Is Australia a party to OPCAT?
No. Australia is a party to the CAT. Australia is not a party to the OPCAT. The Australian Government signed the OPCAT on 19 May 2009, but has not yet ratified the agreement.? A proposal for ratifying the Optional Protocol at the earliest opportunity is under consideration by Government.? Consultations are continuing with the states and territories on necessary steps to implement the Optional Protocol obligations.
How is OPCAT relevant to asylum seekers and refugees?
? Once Australia becomes a party to the OPCAT, the Australian Government will be required to establish a national system of visits to all places of detention, including immigration detention. This should cover all places of detention within all parts of Australia, as well as offshore locations such as Christmas Island.? The establishment of such a mechanism would facilitate a greater level of transparency and accountability with regard to conditions for, and treatment of, asylum seekers in immigration detention.
Further information:
The Association for the Prevention of Torture recently published a short fact sheet on the OPCAT and its relevance for the protection of asylum seekers and refugees.
The Australian Human Rights Commission has recommended that the Australian Government should ratify the OPCAT and establish an independent mechanism to conduct regular inspections of all places of detention, including immigration detention.? In late 2008, the Commission released a report into options for implementing the OPCAT in Australia. The report is available at http://humanrights.gov.au/human_rights/publications/opcat/index.html.

An update on Afghanistan and the global refugee context

UNHCR, the UN refugee agency, has just released a report detailing the conflict and civil status within war-torn Afghanistan and the situation with regards to Afghan refugees and displaced people in-country and globally.? The report, UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan July 2009, is a sombre reminder of the extreme conditions of violence and danger that force refugees to flee their homes, as well as placing Australia?s asylum seeker situation squarely in context of the global situation.? Statistics show that asylum seeker numbers have risen dramatically in all countries in the last year, and that the number of asylum seekers arriving in Australia is still proportionately very small.? Key findings in the report include:

??One out of every four refugees in the world is from Afghanistan.
??While present in 69 countries, the overwhelming majority of Afghan refugees are located in Pakistan and Iran.
??In 2008, 18,500 Afghans applied for asylum in industrialised countries.? This is the highest number since 2002 (29,400 claims) and is almost twice the number from 2007 (10,000 claims).
??The top 15 destination countries of Afghan asylum-seekers in 2008 recorded an increase in numbers compared to 2007.
??In 2008,?the UK recorded 3700 claims from Afghan asylum seekers, Turkey 2600, Greece 2300 and Italy 2000).? South and South-East Asia recorded only 1617 Afghan asylum-seekers, up from 900 in 2007.
??Civilian casualties in 2008 were almost 40% higher than in 2007.? 2,118 civilians were killed in 2008.
??Afghanistan has experienced a significant worsening and widening of armed conflict-related violence in 2008 and into 2009.? 2008 was the most violent year in Afghanistan since 2001, with 31% more incidents than in 2007.
??The current situation in Afghanistan can be characterized as one of an intensifying armed conflict accompanied by serious and widespread targeted human rights violations.? Human rights violations are rarely addressed or remedied by the justice system and impunity continues to be pervasive.
??Lack of legal and enforcement mechanisms continue to hamper efforts to curb pervasive exploitative and discriminatory practices against women, particularly sexual and gender based violence and forced and child marriages.
To see the full report, go to www.unhcr.org/refworld/docid/4a6477ef2.html

People to honour and celebrate

Honouring the contribution of Graeme Innes as former Human Rights Commissioner

A recent shake-up of Commissioner roles within the Australian Human Rights Commission (AHRC) means that we say goodbye to Graeme Innes as Human Rights Commissioner.? As of July 12, this role has been taken over by Catherine Branson QC, AHRC President ? welcome Catharine.? Graeme, who has been an excellent Human Rights Commissioner since December 2005, retains the role of Disability Discrimination Commissioner and is also now the Race Discrimination Commissioner, formerly held by Tom Calma.

AJA takes this opportunity to acknowledge the tremendous contribution that Graeme has made to the refugee and asylum seeker sector in Australia during his term as Human Rights Commissioner.? Graeme has been, and will continue to be, an inspiration in his tireless pursuit of human rights and equal opportunity.? In the course of his work he inspected every immigration detention facility in the country at least once, conducted countless interviews and consultations, and oversaw vital investigations and research.? In his two current roles, Graeme will still have a presence in the refugee and asylum seeker sector, albeit much smaller.

Congratulations to Kate Gauthier!

We are delighted to spread the news that Kate Gauthier, National Coordinator of AJA (now on leave) and her husband Hugh are the proud parents of a healthy baby boy, Atticus James Griffin, born on 12 June 2009.? We send our hearty congratulations and best wishes to Kate and Hugh and we look forward to Kate?s return to AJA in due course.

In recognition of Jerzy (George) Zubryckzki, former AJA patron

Jerzy was born in Poland.? As a young student at the time of the German invasion in WWII he escaped to Britain and served in the Free Polish forces allied with the British army.? After the war, he completed his postgraduate work in sociology with great distinction then worked in research units with the British Foreign Office.

With his wife Alexandra and young family, he migrated to Australia to establish sociological research in the early years of what is now the Australian National University.
As Professor of Sociology in the Research School of Social Sciences at ANU he was a valued advisor to successive governments on many aspect of race relations, in particular the nature of Australia?s migration policies and the priority of humanitarian programs.? During the Whitlam and Fraser governments he was influential in the establishment of better resourcing of research supporting settlement services and the community integration of immigrant groups. Jerzy was a committed member of the community in Canberra and active as a leader in several community organizations.? He was for several years the President and Chair of the Board with Lifeline Canberra. He was always a compelling advocate for the place of a progressive refugee and special humanitatian program component in Australian migration policy and AJA was proud to name him as a patron.

Jerzy passed away in Canberra in May this year after recurring illness. Family, friends, colleagues and many others give thanks for his rich and generous life.

Upcoming Events

Refugee Contributions to Australia ? Sydney, Thursday 30 July
Please join Labor for Refugees to celebrate the rich and diverse contributions from refugees to contemporary Australia. Speakers include barrister and refugee advocate, Julian Burnside, refugee and former Australian of the Year, Dr John Yu, author and former Herald journalist, Jacqueline Everitt and Minister for Immigration, Chris Evans.
Details: 12:45pm, The Atrium, NSW Trades Hall. Enter via 337 Sussex St, Haymarket.
Cost: $25/$20 concession (finger food provided).? RSVP to Linda Scott,?
lindamscott@gmail.com. Cheques should be made out to Labor for Refugees (NSW) and sent to: Refugee Contributions to Australia, 159 Middle Head Rd, Mosman, NSW, 2088.? See this flyer for more details.

Refugees, Security and the Asia Pacific ? Sydney, Friday 31 July
Amnesty International Australia, A Just Australia and the Refugee Council of Australia are pleased to invite interested members of the public, especially delegates of the Labor Conference, to this event, held as part of the Labor Fringe conference. Mr Rick Towle, UNHCR Regional Representative, and others will be speaking about issues relating to regional engagement on refugee issues in the Asia Pacific.
Details: 7.15 pm, Maritime Museum, Darling Harbour, Sydney
Drinks and canap?s will be served.? See this flyer for more details.

AJA at the Missing Water Brisbane premiere - Brisbane, Saturday 1 August
Produced and directed by popular Australian film-maker Khoa Do (Footy Legends, The Finished People), who came to Australia as a refugee when he was two, the movie is a ?deeply personal tribute to the plight of the Vietnamese refugees who travelled to Australia in junks and trawlers in the late 1970s and early 1980s? a boldly cinematic work that structurally and emotionally cries out the very simple question: can you imagine what it was like? The appearance of a toy monkey unexpectedly triggers the memories of a now middle-aged sweatshop worker who fled from Vietnam with her beloved sister, her uncle, and a stranger hoping to find safe haven and a better life on foreign shores?.
One of the principal actors, Vico Thai, will be supporting? A Just Australia at the Brisbane premiere and subsequent Q &A session ? check out his custom-made T-shirt with its cool message!? Vico and representatives from A Just Australia, as well as the Refugee Council, will be there on the night and are happy to answer any questions about the current asylum situation in Australia.? For more information about the premiere and to buy a ticket, go to the Brisbane Film Festival website.

Open Forum: ?Is Australia Giving Refugees a Fair Go?? - Sydney, Wednesday 12 August
The forum guest speakers, Denis O?Brien, Principal Member, Migration & Refugee Review Tribunals and Jacqueline Everitt, author of the book ?The Bitter Shore?, will address the issue of the effects of the government?s policy of mandatory detention on children.???????????????????????????????????????????????
Details: Building EZ, Female Orphan School, Parramatta campus, arriving at 5.30pm for a 6pm start.