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United nations commission on refugees research paper
United nations commission on refugees research paper
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The conditions of Australia’s immigration detention policies have also been cause for concern for probable contraventions of Articles 7 and 10 of the ICCPR. Whilst in Sweden, asylum seekers are afforded free housing whilst their applications are being processed, Australia’s methods are much more callous. Under the Pacific Solution, maritime asylum seekers are sent to impoverished tropical islands with no monitoring by human rights organisations allowed (Hyndman and Mountz, 2008). The UNHCR criticised Australia’s offshore processing centres stating that “significant overcrowding, cramped living quarters, unhygienic conditions, little privacy and harsh tropical climate contribute to the poor conditions of… Nauru and Papua New Guinea” (Morales …show more content…
2016, pp. 338). In 2015, the United Nations Special Rapporteur on Torture found that the Australian government’s treatment of refugees in detention had violated their rights to be free from torture or cruel, inhuman, or degrading treatment (Méndez 2015). The independent report commissioned by the Australian government, the Moss Review, and leaked documents named the Nauru files, published by The Guardian, further evinced the government’s lack of compliance and disregard for basic human rights when they highlighted that cases of assaults, sexual abuse and self-harm were rampant on both Nauru and Manus Island. However, while Australia has a duty of care to those it detains in off-shore detention centres, victims of alleged incidents are not protected under Australia law, but under local law. Nonetheless, the UNHCR has stated that Australia shares joint responsibility with Nauru and Papua New Guinea to ensure the treatment of asylum seekers held in offshore detention complies with obligations under international law. Many asylum seekers held in long-term detention are already predisposed to mental illness having fled torture and trauma arising from living in wartime conditions. Newman (2013) found that over 30% of refugees suffer from post-traumatic stress and depression. Yet, the conditions of Australia’s detention facilities and the drawn-out confinement do little but exacerbate these harms. As Lohana et al. (2016, pp. 179) found, “[the] lengths of time incarcerated resulted in depression, anxiety and psycho-social difficulties”. If Australia were truly concerned about the rights of refugees, it would undertake a policy akin to Sweden where asylum seekers are free to live where they choose, work, and live a meaningful life whilst their claims are processed (Abraha 2007). Under international law, temporary protection visas (‘TPVs’) are classed under international law as an exceptional measure to be used only in situations of mass migration. Sweden has recently turned to the use of TPVs in light of the ongoing Syria crisis, however, unlike in Australia those given temporary residence permits are able to apply for a permanent residence permit, in certain circumstances, if they can prove they are self-sufficient (Swedish Migration Agency 2017). Australia reintroduced the use of TPVs in 2014. Its use has essentially created two classes of refugees, those that come by authorised means and maritime arrivals (Edwards 2003). TPVs can thus also be said to be a form of punishment that similarly to arbitrary detention is in violation of Article 31 of the Refugee Convention. This is because Article 31 clearly states that even if an asylum seeker arrives in an unauthorised or illegal way, they are not to be penalised for doing so. The use of TPVs is a flawed policy, they often do not succeed in their policy aims and only cause further irreversible damage to refugees that likely contravenes Article 7 of the ICCPR.
They have been found to have detrimental psychological effects, as they leave refugees in a state of limbo, fearing their imminent forced return, where they are unable to integrate into society. This emotional distress is often compounded by the fact that refugees on TPVs in Australia are not able to apply for family reunification nor are they able to leave the country. Family reunification is a well-established right in Sweden, as well as most western countries. Moreover, it is a human right protected under the ICCPR whereby refugees have the right to family (Article 23) and the right to freedom from arbitrary interference with family life (Article 17). As a result of living in a state of uncertainty and heartache caused by family separation, refugees on TPVs face a “700 percent increased risk of developing depression and post-traumatic stress disorder in comparison with PPV (permanent protection visa) refugees (Mansouri et al. 2009, pp. 145). Denial of family reunification under TPVs is likely to cause more asylum seekers to engage in illegal means to arrive in
Australia. Despite being a signatory to the 1951 Refugee Convention and the large numbers still fleeing persecution and war, political rhetoric and media sensationalism have created a climate in which Australia is portrayed as being at risk of inundation by illegal aliens who are a threat to quintessential values. As a result, Australia has employed the use of a number of policy tools consistent with those in other Western countries. However, when two countries such as Australia and Sweden are juxtaposed, it becomes clear that various Australian governments have gone beyond the norm and engaged in unnecessary steps that breach numerous human rights norms and legal obligations.
One of Australia’s biggest moral wrongdoings that has been continued to be overlooked is the providing of safety for refugees. Under the article 14, in the Universal Declaration of Human Rights, it states that everyone has the right to seek and enjoy in other countries asylum from persecution. It is not in anyway, shape or form illegal to seek asylum from maltreatment. Australia is obliged under international law to: offer protection, give support, ensure that any individual is not sent back unwillingly to the country of their origin. A report made by
There have been three main waves of asylum seekers in Australia’s history with the first wave being motivated by the Indochinese crisis and the second comprising of asylum seekers mainly from South China and Cambodia (McK...
The United States fails to protect its borders, while Australia sacrifices human rights in order to do so. Traditionally, first-world countries and their citizens assist those in less developed countries. Many of the island nations in the south pacific suffer from poverty and frequent natural disasters. Most would agree that, as the most developed country in the region, it is Australia’s responsibility to advocate for human rights and contribute to humanitarian efforts for the island nations. To its credit, Australia normally satisfies this role. However, when asylum-seekers come by boat, Australia draws a forceful line. The United States is also tasked with protecting its borders, but takes a more appropriate approach. In 2012, the PEW research
I ask you now to imagine such a life. It is impossible for us to imagine having to flee our homes and family simply because our beliefs or lifestyle are not deemed suitable. Furthermore, paying thousands of dollars to travel across treacherous oceans in shabby boats. The fact that asylum seekers are prepared to remain locked up in detention centres and be deprived of their freedom must surely tell us of the horrific circumstances from which they have fled. ******** PUT IN CLOSING PARAGRAPH.
Although, asylum seekers and refugees are given a few options if they feel as though their rights are being breached, like they can apply to tribunals and courts to view their visa related decisions, they can also make a complaint to the Australian Human Rights Commission about their human rights being breached in immigration detention centres, yet they do not have control over who enters the country, the government is not obliged to comply with the recommendations that are made. Although the government has made few attempts to comply with the human rights obligations towards asylum seekers and refugees by introducing new policies and prioritising the safety of the children in these detention camps, there are currently still many breaches towards their rights that the government continues to adapt, therefore they are still constituting a breach of international law.
There should therefore be emphasis placed on assessing the mental health of these kids because of the adverse experiences in their home countries and the distress experienced in an alien country or culture in which they find themselves. Weaver and Burns (2001) thus argue that social workers need a greater understanding of the impact of trauma to be effective with asylum seekers in general and UASC. However, many people who are exposed to traumatic experiences do not necessarily develop mental issues so social workers should be cautious about making assumptions as studies shows that most asylum seekers point to social and economic factors as important rather than psychological
Bhabha, J., & Young, W. (1998) Through A Child's Eyes: Protecting the Most Vulnerable Asylum Seekers. Interpreter Releases 75 (21), pp. 757-791.
As a signatory to the UN 1951 refugee convention, we have already agreed, not to return asylum seekers or to detain them indefinitely. In 2001, the Tampa incident brought disrepute to us as we failed to take the right action. Another wave of backlash irrupted when Indonesian fishing vessel codenamed SEIV X sank in northern waters. The UN is highly critical on the practice of mandatory detention over long periods. As a law abiding nation, we need to keep our citizens well informed of our obligations under UN convention so that we can collectively meet our obligations in true spirit. Once Australians realise that we are providing over 200,000 migrant visas annually and the asylum seekers would occupy less than 2% of it and irrespective of the fears mongered by politicians, almost 93% of asylum seekers who arrived by boat in the have been recognized as “genuine” refugees by Australian authorities and the popular “country shoppers” or “economic migrant” stories do not represent the reality, it is not difficult to develop a national consensus on this ongoing, unavoidable issue in an overpopulated world with a massive imbalance in resource
If refugees cannot return to their beloved homes, they are forced to resettle in a new country (Gevert). This resettling process includes struggles of all types, but one of the greatest hardships of resettling refugees worldwide is making friends. For example, in the book Inside Out & Back Again by Thanhha Lai, Ha’s home country was taken over by a communistic government, so it was unrealistic for her to even dream of returning home. In her new school, in America, Ha was teased for the way she looked which made her journey of making friends even harder; all of her classmates had ignored her. Ha, then, didn’t have any idea on how to begin the process of making friends, so she had to rely on her family. Making friendships is a struggle for all
If you have a fear of persecution in your own country due to some unavoidable circumstances, you can apply for asylum as a refugee in Canada (from within or outside of Canada). The country offers refugee protection to those who have a fear of oppression and danger in they go back to their own country.
Australia is a multicultural country where immigrants from all over the world immigrate to Australia. This research is focused on Australian’s immigrants who play a big role in this society. Immigration carries significant factors that affect the process of adaptation on an immigrant. The significant factors discussed further on are social factors, economic factors and cultural factors. To understand immigration and immigrant it would be explained the meaning of it and the types of immigrants. Answering the Research question, it would also be explained what an immigrant aims to reach by explaining the factors that help to feel settled in a new country. As I’m an immigrant in Australia I personally know how factors affect directly the process of adaptation. During this research I aim to prove how these factors affect the process of adaption. It is intended to make useful recommendations to the host country and to the immigrants in order to adapt to a new country easily. It must be said that not everyone experience the same process of adaptation because everyone is exposed to different factors. Moreover, immigrants may experience more than one factor as one factor can lead to the development of other factor.
According to the Australian Human Rights Commission, there are 2013 people in immigration detention facilities, and 1189 people in community detention in Australia. This includes 127 children in immigration detention facilities and 642 children in community detention. These statistics are indicative of the scale of refugees displaced by the government’s pejorative policies, and allude to the breadth of injustices inflicted upon the most vulnerable people of all. Indeed the depth of these injustices is most apparent at the infamous detention centres themselves. Indefinite detention is not just psychologically depressing, the conditions at the detention centres are violations of not just article 14, but also article 5 of the UDHR, with the ‘United Nations Special Rapportuer on Torture’ finding that harsh conditions and merciless violence in detention centres such as those on Manus island are in shocking violation of the Convention Against Torture, ratified by Australia. Such international decrial is a clear sign that Australia’s treatment of asylum seekers is in breach of the UDHR. The conditions that infants and children in these detention centres are subject to present further breaches of the UDHR, this time contravening the convention on ‘The Rights of a Child.’ The Australian government’s inhumane handling of asylum seekers is a stark violation of articles 5 and 14 of the UN, and its transgression of the convention of ‘The Rights of a Child’ educed denouncement from the UN, defaming Australia’s involvement with the United
Multiculturalism is the ethnic and cultural diversity that exists within a certain area. Different countries display various forms of multiculturalism. The most common form of multiculturalism is whereby a citizen of a certain country is born overseas, or of the parents of the individual is born overseas. English speaking countries have a lot of multiculturalism in them. Just like the United Kingdom, Australia has adopted multiculturalism as a national identity. My essay explores how Australia appreciates and accepts many different ethnicities and cultures.
U.S. immigration law is very complex, and there is much uncertainty as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members ("How the United States Immigration System Works: A Fact Sheet"). Around the world there are so many immigrants/refugees who are in the hunt for a fitter life. Some come from places where civil war occurs or some suffer economically trying to support their family. Knowing the fact that they are desperate to seek for a better life, the best option is to migrate to the U.S, the land of opportunities. The problem lies in the migration to the U.S. What are the quotas for new immigrants arriving to the U.S? What are the eligibility requirements to becoming a permanent citizen in the U.S? With much inquiry, this topic has become very intriguing. What people must understand is that
A family, living in a war-torn country, is uprooted from their home and community due to a variety of reasons such as political unrest, famine, and threat danger. This family flees their country in order to seek safety in a neighboring, more stable country. These people are considered refugees. Refugees are not travelers or immigrants because they are displaced due to some devastating reason, whether that is war or persecution. Other countries extend money, resources, and even their land to help resettle refugees out of political and humanitarian obligation. The United States is historically notorious for wanting to remain isolated during certain global events such as each world war. However, the United States began to create and build on refugee