Release of some children and familes from detention a step in the right direction but still a long way to go

The Asylum Seeker Resource Centre (ASRC) welcomes the Government’s announcement today of plans to release the majority of unaccompanied children and families deemed to be ‘at risk’ from detention into the community by June 2011. The release of some children and families will make a significant positive difference to their welfare.

However, there are many critical issues and questions left unanswered. ‘The ASRC is concerned that this response is merely a band–aid, similar to what the Howard Government did four years ago to take community pressure off actually changing the law to end the mandatory detention of children. We are concerned that the Gillard Government’s detention values have already clearly failed children and families and will continue to do so again unless we have a change of law’, Kon Karapanagiotidis, CEO of the ASRC said.

The policy announcement today still fails children and families as:

The policy of mandatory detention of children remains unchanged.

All new children and families who arrive undocumented will still be detained.

The policy does not provide legal protections to limit how long children can be detained.

There is no change of laws to enshrine what is an ‘at risk’ family to ensure they are released into the community.

The policy shift is contradicted and undermined by the establishment of a new detention centre to house up to 400 families in South Australia and the expansion of the detention facility in Broadmeadows for up to 100 more family members.

It does not guarantee the release of all children and families and only makes an in principle promise of an undefined ‘majority’ by June 2011.

It fails to recognize that all families in detention are at risk and have experienced some form of trauma.

It releases children and families on community detention arrangements (residence determinations) instead of bridging visas which would have given them more rights and be better for their welfare and mental health due to the security it would have provided.

It appears to place the burden on caring for children and families on charities and churches rather than on the Government itself.

It fails to establish any independent watchdog or scrutiny to ensure the Government’s detention values are acted upon within set time limits and with consistency.

The ASRC is calling on the Government to address these concerns and outline their strategy dealing with the legal rights of children, a timeframe for release and a safety net for children and families in community based accommodation. While today’s announcement is a step in the right direction, it raises new questions and leaves many existing concerns for asylum seekers unanswered.

For media comment please call:
Jana Favero on 0438 829 651
Kon Karapanagiotidis on 0405 003 473