Secrecy and human rights abuse in Australia’s offshore immigration detention centres

All asylum seekers who arrive in Australia’s territorial waters by boat are subject to mandatory, indefinite and unreviewable detention on Nauru and Papua New Guinea. This offshore detention regime is characterised by a high degree of secrecy, low levels of transparency and accountability, and few opportunities for external oversight. This has created a closed, controlled environment, in which people are routinely neglected and harmed. To better understand the human impact of Australia’s offshore detention regime, this article draws on research from social psychology regarding human behaviour in closed institutions. This research – which has substantially informed prison policies throughout the Western world – demonstrates the critical importance of external oversight, openness and transparency for the protection of human rights of people in closed institutions. This knowledge has not been applied to Australia’s offshore immigration detention regime. To the contrary: creating a closed, opaque system of detention has been an explicit policy goal of the Australian government. By actively restricting transparency, this research demonstrates that not only are the abuses of detainees’ human rights hidden from the public eye, they are inevitable.

Exporting detention : Australia-funded immigration detention in Indonesia

Since 2000, Australia has provided significant levels of funding and resources to encourage Indonesia to use immigration detention to deter asylum seekers from making the onward journey to Australia. In this way Australia has effectively extended its domestic policy of immigration detention beyond its own national borders. The provision of Australian funding for detention in Indonesia has resulted in an increased propensity of Indonesian officials to detain. This article examines the outcomes and implications of this transfer of immigration detention policy for asylum seekers and refugees in Indonesia. It draws on interviews conducted with individuals who have spent time in Indonesia’s immigration detention centres, and Indonesian immigration officials, to assess the conditions of the detention centres. The particular arrangement between Australia and Indonesia, however, fails adequately to protect the human rights of immigration detainees. Ultimately, the detention of asylum seekers in Indonesia serves as one more barrier to finding effective protection in the Asia-Pacific region.

Australia's response to sexualised or sexually abusive behaviours in children and young people.

Responding to children and young people with sexualised or sexual offending behaviours presents significant challenges across the allied health, child protection, education and juvenile justice sectors. This report maps the specialised therapeutic services designed to effect positive behavioural change and thus divert young people with sexualised behaviours from the juvenile justice system. Accurate numbers on children with sexualised or sexual offending behaviours are difficult to determine. There are several factors contributing to this gap in understanding. These include entrenched ideals about children as inherently innocent, widespread ignorance about developmental sexuality, and the tendency of both young people and parents to deny or minimise incidents when they do occur.

In Australia, data on children with sexualised behaviours are not collected uniformly and nondisclosure contributes to what might be large numbers of offences going undetected. Mandatory reporting requirements apply where children display sexualised behaviours and are thought to be at risk of harm. Yet a general lack of knowledge as to what constitutes appropriate behaviour means that many may respond inappropriately to incidents of sexualised behaviours. This context of confusion, denial and non-disclosure creates a hidden population of children that continues to be at risk. Attention to redressing the contexts for non-disclosure is urgently required to ensure that children in need are provided with specialised therapeutic care.

This report presents qualitative data from interviews with specialised clinicians as well as submissions from service providers in both community and youth justice settings. In mapping the availability of therapeutic services, this report highlights a number of geographic and demographic gaps in service provision, including difficulties with eligibility criteria, referral pathways, funding arrangements and specialised workforce development. There are multiple challenges facing the tertiary services sector, yet the comprehensive provision of specialised services is just one part of the response required. This study emphasises the need for effective primary and secondary prevention to effect a reduction in the numbers of young people requiring counselling in the future. Consistent with the public health model, this report prioritises professional and community education strategies that would ultimately necessitate fewer tertiary services for young people and fewer places in juvenile detention centres.

How do early parenting centres support women with an infant who has a sleep problem?

Some women who have an infant experiencing sleep problems are so sleep deprived themselves that admission to an early parenting centre is needed to help them better manage the situation. This paper reports on a qualitative study that used focus group methods to interview familes who were admitted to an early parenting centre for persistent infant sleep problems. Results showed that parents needed a variety of strategies such as instructional, emotional and physical supports to develop confidence to manage infant's sleep disturbance at home.

Home truths about home detention

The Victorian Parliament has recently introduced a Bill which implements home detention as a sentencing option. Home detention is an intuitively appealing reform. The logic behind the proposal seems obvious. Prisons are expensive to run. There are too many offenders in prison. So let's take the cost out of prison by turning the homes of offenders into prisons: classic, user-pays, cost-shifting economics. The level of superficial appeal of the argument in favour of home detention is matched only by the depth of the fallacies underpinning some of the fundamental premises. The most basic of which is the assumption that offenders who are candidates for the new sanction should be in detention (of any kind) in the first place. Further, the narrow objective of reducing imprisonment is misguided. It should not be elevated to a cardinal sentencing objective?otherwise total success could be achieved by simply opening the prison gates. There are also other concerns about the appropriateness of home detention. The degree of pain it inflicts in many cases is questionable and it may also violate the principle that punishment should not be inflicted on the innocent. After examining the arguments for and against home detention, this article suggests the approach that should be adopted to achieve enlightened and meaningful sentencing reform.

Commonwealth legislative power and "non punitive" detention: a constitutional roadmap

In 2004 The High Court handed down a number of decisions concerning detention imposed for purposes allegedly unrelated to punishment. This paper outlines the way the Federal Constitution restricts (and also facilitates) the imposition of "non punitive detention" by our governments. Such laws (as passed by the Federal Legislature) are constitutionally valid provided they can be characterised as falling within a legislative head of power under  section 51 off he Constitution. The power to detain for non punitive purposes can be reposed by the Legislature in the either the Executive or Judicial arms of government. Detention by the Executive is non punitive (and therefore does not offend the separation of powers) even though it involves a deprivation of liberty, provided it is imposed for “legitimate non punitive purposes”.  Legitimacy is in turn determined by reference to the section 51 heads of power. Detention for non punitive purposes by the judicial arm of government is constitutionally valid provided that (i) a “judicial process ” is adopted and (ii) (arguably) there is some link (albeit tenuous) with a previous finding of criminal guilt. The continuing existence of the “constitutional immunity ”from being detained by other than judicial order identified by the High Court in its 1992 decision in Lim v Minister for Immigration is called into question.

Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.

Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Selective feeding centres in refugee settings: evaluation framework protocol

Selective feeding programs are centres for the treatment of persons suffering from acute malnutrition. Unlike chronic malnutrition, acute malnutrition reflects recent problems. In a crisis situation, wasting is preferred above other indicators because it is sensitive to rapid change, indicates present change, can be used to monitor the impact of interventions and is a good predictor of immediate mortality risk. This paper reviews the current approach being used in the field to evaluate the effectiveness of feeding programs. There is no comprehensive evaluation framework in place to assess the impact of feeding programs on mortality due to malnutrition. Some loose outcome measures, such as the number of children enrolled in a feeding centre, are being used to determine if a feeding centre should continue. In addition, malnutrition prevalence and crude mortality rates determined through nutritional and mortality surveys are used to assess the impact of feeding programs. This procedure does not take into account potential confounding factors that impact on malnutrition prevalence, including access to non-relief foods and the general food ration. Therefore, one could not confidently say that the reduction of malnutrition prevalence is a result of feeding programs. This paper presents an alternative approach to evaluating feeding centres.

Sustainable in 2030? The impact of population growth in Melbourne`s inner activity centres

The advent of sustainable approaches to managing an increase of population in our urban centres, such as the Melbourne 2030 planning policy, has led to questions regarding their successful implementation at local government level. Issues relating to the location of sustainable built form and infrastructure are of particular importance considering Melbourne 2030's direction regarding intensification around existing activity nodes. The following paper embarks on an investigation into the impact of the projected population growth set out in the 2030 policy, focusing particularly on the consequent implications of increased residential densities in and around activity centres within the inner Melbourne region. Utilising various mapping techniques, a series of comparative built form/density scenarios will be generated that begin to explore the issues of implementation faced at a local government level.