International Coalition on the Detention of Asylum Seekers, Migrants and
Refugees
World Refugee Day 2007
Children not counted just don’t count
Numerous studies have documented the psychological harm - such as
depression, disruptive conduct, nightmares, and even impaired cognitive
development - caused to children in immigration detention. Last December,
the International Coalition on the Detention of Asylum Seekers, Migrants
and Refugees (IDC) contacted its member organisations to try to
understand the situation of children in immigration detention.
“We have tried to find out how many children are being held in
immigration detention, but this information is either withheld or just
not collected. Either way the end result is the same. If children are not
counted, then they just do not figure in policy discussions. We should
not be surprised to find children locked up and denied basic services
like education. Until this information is publicly available, children
will continue to be forgotten,’ said Melanie Teff, co-coordinator of the
IDC.
On World Refugee Day, 20 June, the IDC has drawn up preliminary findings
based on information provided by organisations in 23 countries. IDC
members in only three countries – Australia, Canada and the UK --
reported that their governments provided comprehensive statistics on the
number of children held in immigration detention. All but three -
Ireland, Hungary and Spain - detain children on the basis of their
immigration status.
Particularly worrying, in at least eight countries, there are no
statutory limits to the amount of time children can be held in
immigration detention. Of the organisations able to secure more detailed
information, 10 reported that children are either being denied access to
education services or the services provided were inadequate. Moreover,
information sent to the IDC from members in Malaysia and Mexico raised
worrying issues of mistreatment and extreme lack of basic services such
as healthcare.
IDC is also worried by the lack of holistic age determination procedures
in at least six countries. Children in Hungary, Ireland, and Austria can
be detained if immigration personnel believe they look over 18. According
to the UK Refugee Council at least half of the 4,000 children seen by
their Children’s Panel were involved in a dispute over their age and this
figure has risen each year.
However, the survey does highlight a few positive changes in immigration
detention practices around the world. In particular, the IDC welcomes the
introduction of legislation in Hungary last year which prohibits the
detention of children on the basis of their immigration status. A South
African court ruling in 2004 prohibited the detention of unaccompanied
children. Steps forward in other countries, such as Australia and
Belgium, were unfortunately accompanied by either inaction or backward
measures.
After removing children from detention centres in mainland Australia, the
government has swiftly moved to re-establish refugee determination
procedures on outlying island states, outside the judicial control of
national courts. It is unclear how the rights of children held in these
circumstances will be upheld. In Belgium, the law was changed to prohibit
detention of unaccompanied children. However, some still remain in
detention and children with parents continue to be detained.
The IDC urges governments to respect the rights of all children as laid
out in the UN Convention on the Rights of the Child. It reminds
governments that they have a specific duty towards the care of children
within their jurisdictions and that they are obliged to seek alternatives
to detention, such as child-friendly reception centres and foster family
placement.
For further information, contact the coordinators of the IDC:
Melanie Teff, Tel: (+44) 772 192 7098; email:
[log in to unmask];
www.idcoalition.org
Anna Gallagher, Tel: (+34) 947 530 128; fax: (+34) 947 530 129; email:
[log in to unmask];
www.idcoalition.org
Notes to editors
The IDC is a coalition is a coalition of over 100 non-governmental
groups and individuals working in over 50 countries the world providing
legal, social and other services, carrying out research and reporting,
and doing advocacy and policy work on behalf of refugees, migrants, and
asylum seekers who have come together to share information and to promote
greater respect for the human rights of detainees.
The IDC advocates limiting the use of, seeking alternatives to, and using
the least restrictive forms of, immigration detention.
The steering committee of the IDC brings together a number of leading
international NGOs which share concerns about the treatment of
immigration detainees, such as Amnesty International, Human Rights First,
Human Rights Watch, Jesuit Refugee Service, Lutheran Immigration and
Refugee Service, Women’s Commission for Refugee Women and Children, World
Council of Churches, and a number of national NGOs.
List of countries surveyed
Belgium, Finland, Denmark, Hungary, Germany, Spain, Austria, Ireland,
Poland, Netherlands, Malta, UK, South Africa, Egypt, Thailand, Japan,
Cambodia, Malaysia, New Zealand, Australia, Canada, USA and Mexico.
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