Three years on, still no justice for Ms. Dhu, her family, or Aboriginal women generally

Ms. Dhu, who died in police custody, August 2014

In Australia, for Aboriginal women and their families, the wheels of justice do not turn at all, but they do try to grind the people into dust. On August 4, 2014, a 22-year-old Aboriginal woman, called Ms. Dhu, died in custody in Western Australia. She was being held for unpaid parking fines. Ms. Dhu screamed of intense pains and begged for help. She was sent to hospital twice and returned, untreated, to the jail. On her third trip to the hospital, she died within 20 minutes. Reports suggest she never saw a doctor. Her grandmother says she “had broken ribs, bleeding on the lungs and was in excruciating pain.” That wasn’t enough. In her death, Ms. Dhu joined a long line, actually a mob, of Aboriginal women who have died in custody in Australia. Ms. Dhu’s family joined a longer line of Aboriginal family members seeking justice. Three years later, Ms. Dhu’s family still struggles for peace and something like justice concerning the circumstances of their loved one’s death. To make matters worse, the statute of limitations is running out soon, and so Ms. Dhu’s mother, Della Roe, and her brother, Shaun Harris are preparing to sue the State, not because they want to but because the State has pushed them to this moment. As Della Roe explains, “I want justice and someone pay for what they did to my baby. They need to be accountable for it.”

The State did its own accounting, and that’s why, and how, Ms. Dhu died. Like the United States, Canada, and others, Australia has invested heavily in the devaluation of Aboriginal women’s bodies and lives. The rising rates of incarceration married to the plummeting budgets for assistance say as much. So do the women’s corpses, decade after decade, year after year. For Aboriginal women, the histories and lived experiences of colonial occupation and violence not only continue to this day. They are intensifying.

A contemporary postcolonial, anti-colonial politics begins and ends with the State murder of Aboriginal women’s bodies, which runs from lack of services and assistance, from cradle to grave, to mass incarceration to dumping into the mass graves of historical amnesia. Another world is possible, and it requires more than an endless cycle of “discoveries” followed by commissions.

Della Roe, Shaun Harris, and the spirit of Ms. Dhu are represented by George Newhouse and Stewart Levitt, prominent human rights attorneys. According to George Newhouse, “It’s three years since her death and time’s up. Time’s up. These reforms need to take place and I’m hoping that the case will lead to real reform in WA.” Stewart Levitt adds, “It’s been like hell. How else can I explain it, you know? No-one’s been accountable for it, it’s terrible. The last three years has been like hell.”

Ms. Dhu was murdered by State systems of accounting. She was in jail for $3,622 in unpaid fines. The jail staff and the hospital staff decided she wasn’t worth believing or treating. She wasn’t worth the bother. And so Ms. Dhu died and remains dead. No amount of accounting will bring her justice. And her mother and uncle and kin and community are left to struggle with the State systems of accounting that value their lives as beneath assessment. What would justice for Ms. Dhu mean today? To begin, stop sending Aboriginal women to jail and prison. Stop the slaughter now.

Ms. Dhu’s mother, Della Roe

(Photo Credit 1: ABC) (Photo Credit 2: Huffington Post Australia)

Our continuing investment in the mandatory minimum sentencing and tough on crime failure

Why do neoliberal so-called democratic nation-States continue to invest, and heavily, in the failed policies of mandatory minimum sentencing and tough-on-crime policies? Today we learn that women are at the center of the United States’ mandatory minimum sentencing `experiment’ and of Australia’s `tough on crime’ adventure.

According to family research scholar Joyce Arditti, “An examination of their family backgrounds and social environments suggests that mothers involved in the criminal justice system are perhaps the most vulnerable women in the United States.” These most vulnerable women then become the most extremely vulnerable women, `thanks’ to the theft of their social and legal parental rights.

According to Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment, a report released today by the Human Rights Law Centre and Change the Record, Aboriginal and Torres Strait Islander women are the fastest growing segment of the prison population. At the center of that largely unacknowledged growth is women’s vulnerability: “`Tough on crime’ approaches also tend to rely on stereotyped ideas of who offenders are, with little consideration of who else may be affected – the most vulnerable members of our community, such as Aboriginal and Torres Strait Islander women, are unfairly swept up into the criminal justice system.”

In 2014 22-year-old Ms. Dhu, died in custody in Western Australia. She was being held for unpaid parking fines. Ms. Dhu screamed of intense pains and begged for help. She was sent to hospital twice and returned, untreated, to the jail. On her third trip to the hospital, she died, in the emergency room, within 20 minutes. She never saw a doctor. Her grandmother says she “had broken ribs, bleeding on the lungs and was in excruciating pain.” Her death was deemed tragic, but not enough to change policy.

In July 2016, Ms. M, a young Wiradjuri woman and mother of four children, was walking home, when, a little after midnight, police picked her up, and threw her into a cell. At 6 am, Ms. M was “found dead.” In New South Wales, if an Aboriginal person is arrested, the police are supposed to use the Custody Notification Service, which immediately contacts the Aboriginal Legal Service (ALS). This system is a modelNo Aboriginal person had died in police custody since 2000 … until Ms. M. But Ms. M was never arrested. She was thrown into the cell because she was said to be drunk. The police were “protecting” Ms. M, and so she died in their custody. Many, such as Gary Oliver of the ALS, believe that if the police had contacted them, “there may have been a different outcome. Fundamentally this is a process that has failed because a police officer has not followed a procedure.”

Today, former U.S. District Judge Nancy Gertner noted “that roughly 80 percent of the sentences she was obliged to impose were unjust, unfair and disproportionate. Mandatory penalties meant that she couldn’t individualize punishment for the first-time drug offender, or the addict, or the woman whose boyfriend coerced her into the drug trade.” Today, social justice advocates Vickie Roach described Australia’s tough on crime approach, “The criminal justice system …  punishes Aboriginal and Torres Strait Islander women for actions that are the consequence of failed child removal and forced assimilation policies. If we are truly concerned about justice for Aboriginal and Torres Strait Islander women however, we should be asking ourselves and our governments how we as a society have so badly failed these women.”

We invest in mandatory minimum sentencing and tough on crime policies because they succeed in intensifying the vulnerability of the most vulnerable: Aboriginal and Torres Strait Islander women in Australia, women of color in the United States. Vulnerability is big business. Increased vulnerability produces increased indebtedness. The more vulnerable and indebted women become, the more they are told to shoulder responsibility, individually and as a group, for all the wrongs that have been inflicted upon them, body and soul. Women die in protective custody, and it’s their fault. Mandatory minimum sentences are cruel and ineffective, especially for women, and that’s just fine. Tough on crime is destroying indigenous women and families, and that too is just fine. Our investments are doing just fine.

 

(Photo Credit: Echo)

Why do we hate Sara Beltran Hernandez and Nasrin Haque?

Dr Nasrin Haque

Why does the United States of America hate Sara Beltran Hernandez? Why does Australia hate Nasrin Haque? Why does the State hate, and fear, non-native born women? Why does the State, built on the principles of white male supremacy, hate, and fear, non-native born women of color? What horrible crimes have these women committed that the State has chosen to persecute them?  For Sara Beltran Hernandez, it is the crime of being a Latina, of being a Central American, woman seeking refuge. For Nasrin Haque, it is the crime of being an Asian woman. The real crime is not in their bodies, but in our States and therefore in ourselves.

Sara Beltran Hernandez is very sick. Doctors say she may have a brain tumor and should have surgery quickly. Hernandez has been in immigration detention since 2015. Her family, in New York, say that she fled an abusive partner in El Salvador. They have been applying for asylum since her detention. This month, Sara Beltran Hernandez complained of headaches, nosebleeds, and memory loss. When she finally collapsed, she was taken to Huguley Hospital in Fort Worth, Texas. While awaiting emergency surgery, Sara Beltran Hernandez was taken, by ICE agents, and removed to the Prairieland Detention Center in Alvarado, Texas. Already weak and confined to a wheelchair, she was tied by her hands and ankles. The family is desperate and terrified.

The family is desperate, and by all accounts Sara Beltran Hernandez is dying: “Sara is worse than we thought. Death may be imminent.”

Nasrin Haque’s story is different and yet connected. Dr. Nasrin Haque, originally from Bangladesh, has lived in Australia for eight years. Previously Dr. Haque lived in Hungary. Nasrin Haque’s sister, brother, and parents are all Australian citizens. But her sixteen-year-old daughter Sumaya is not a citizen. When Nasrin Haque applied for permanent residency, she was turned down because her daughter lives with autism: “Her application for permanent residency was rejected because Sumaya’s condition, which is described as a `moderate developmental delay’, was deemed a burden on Australian taxpayers.” When does someone become a burden to the State, and how is that not only determined but calibrated and weighed? Where are the scales of injustice, and who set them?

Nasrin Haque is a successful doctor in Sydney. With friends and supporters, she waged a campaign to keep Sumaya, and the rest of the family, in Australia: “Although she does attend a special school, she has not received any other support from the state during her eight years in Australia. Sumaya is an independent young girl with strong computer skills and manages all activities of daily living on her own. My full-time position as a GP allows me to financially support my family without assistance from the Australian state … If we are deported back to Hungary, we will not be able to function. Deportation would tear our family apart, and destroy my childrens’ chances of completing their education and becoming productive members of society.”

Nasrin Haque was given until February 24, today, to present herself and her daughter with airline tickets in hand, or else they would be deported. Today, it was reported that, at the eleventh hour, the deportation was stayed and Nasrin Haque and her daughter Sumaya would be given permanent residency.

While the story for Nasrin Haque and Sumaya ends more or less happily, or at least with tears of relief, it’s a shameful episode in an even more shameful ongoing tragedy. When a young Salvadoran woman awaiting emergency surgery is forcibly and violently seized and taken off; when a young girl living with disabilities and her loving mother are told to leave, forever, because the disabilities cost too much, we have arrived at the intersection of State and Hate. The State built, like a fortress, on hatred, always assaults women, first, last, most intensely and most violently. Why do we hate Sara Beltran Hernandez and Nasrin Haque?

Sara Beltran Hernandez

(Photo Credit 1: The Guardian / Dr. Nasrin Haque) (Photo Credit 2: NY Daily News / Melissa Zuniga)

Faysal Ishak Ahmed’s blood flows over all of us

 

Faysal Ishak Ahmed died on Saturday or was it yesterday … or was it six months ago. Faysal Ishak Ahmed, 27-year-old Sudanese asylum seeker, collapsed inside the detention center on Manus Island, the dumping grounds for those refugees and asylum seekers who seek haven in Australia. This is the same Manus Island where 24-year-old Iranian asylum seeker Reza Barati was killed two years ago. Eight months ago, the Supreme Court of Papua New Guinea declared the detention center illegal. Papua New Guinea and Australia have “agreed” to close the center, but, to no one’s surprise, no time frame has been set. Faysal Ishak Ahmed did not collapse nor did he suffer a seizure. He was killed, and his blood joins the blood of Reza Barati; their blood flows everywhere.

Faysal Ishak Ahmed’s story is all too familiar. For at least six months Faysal Ishak Ahmed complained of chest pains, swollen arms and fingers, high blood pressure and a pain at the back of his head, seizures, blackouts and breathing difficulties. He begged and pleaded for medical care. Fellow prisoners begged and pleaded on his behalf. He wrote letters; fellow prisoners wrote letters. He deteriorated; he received no medical care. When he finally died, the Department of Immigration and Border Protection stated a refugee “has sadly died today from injuries suffered after a fall and seizure at the Manus Regional Processing Centre”. There is no sadness like sadness. Jesus wept, the State shrugged.

The story continues. Manus Island prisoners rebel for a while. Letters are written, protests are lodged, pictures and drawings emerge. In Sudan, Faysal Ishak Ahmed’s parents say they want their body returned to them. They also say that they have not been formally informed of his death by anyone from the Australian or the Papua New Guinean governments. The State’s great and deep sadness continues to oppress the vulnerable and the hurting.

Faysal Ishak Ahmed is just another name, just another death, in the litany of neoliberal global ethics in which he must bear full responsibility for the site of his birth, the color of his skin, and the nature of his faith. It’s Faysal Ishak Ahmed’s fault that he spent three years in prison on Manus Island. It’s Faysal Ishak Ahmed’s fault that he ever asked anyone for help, safety, or haven. It’s Faysal Ishak Ahmed’s fault that he begged for six excruciating, agonizing months without any attention. It’s Faysal Ishak Ahmed’s fault that the medical staff consistently claimed he was malingering and returned to his bed. It’s his fault, it’s altogether Faysal Ishak Ahmed’s fault that his blood flows over all of us. We are innocent, we never saw him, we never knew. It’s Faysal Ishak Ahmed’s fault.

 

(Photo Credit 1: SBS Australia) (Photo Credit 2: The Guardian)

Why does Australia criminalize psychiatric and cognitive impairment? Ask Rosie Ann Fulton

Rosie Ann Fulton

Rosie Ann Fulton, an Aboriginal woman living with fetal alcohol syndrome, lives in Alice Springs, in the Northern Territory of Australia. In many ways, she is the embodiment of the State’s criminalization of psychiatric and cognitive impairment. This abuse is particularly addressed to women, and even more intensely so Aboriginal women. Rosie Anne Fulton has spent much of her adult life in jail for no reason other than her intellectual disability. After a mighty campaign was waged, she was released and agreements were made. Today, her custodian says the support, such as it was, has collapsed and Rosie Anne Fulton is “back on the streets, taking drugs, being exploited and is at serious risk.” This is what the State of Abandonment looks like. At the end of November, a Senate committee issued its report, “Indefinite detention of people with cognitive and psychiatric impairment in Australia.” Rosie Anne Fulton is typical of hundreds.

In March 2014, media uncovered that then 23-year-old Rosie Anne Fulton had spent 18 months in Kalgoorlie Jail without a trial or conviction: “The magistrate in her case declared her unfit to plead because she is intellectually impaired – a victim of foetal alcohol syndrome – and has the mental capacity of a young child. Her legal guardian, former police officer Ian McKinlay, says Ms Fulton ended up on a prison-based supervision order because there were no alternatives in the area at the time. `At the moment this outcome is almost entirely reserved for Aboriginal, Indigenous Australians,’ he said.” The State “explained” that no other options existed. Three options were available: first, a “declared place”, designed for precisely this kind of case; second, an authorized hospital; third, prison or juvenile detention center. Although the Act authorizing “declared places” had passed 15 years earlier, none actually existed. Hospitals could only admit someone who has a “treatable” mental illness, which did not fit Rosie Anne Fulton. And so the only available option was prison … according to the State.

That was 2014. In 2016, Ian McKinlay reported to the Senate Committee on Rosie Anne Fulton’s condition: “[Rosie Anne Fulton] was born with fetal alcohol brain damage, and this was compounded by a life of abuse. She was dumped by NT health after she ended up in indefinite prison-based supervision in Kalgoorlie. She was forced back into the NT health domain by a media and public outcry. This clearly caused resentment. It was reflected in the denial of a transitional support plan earlier discussed. Instead, she was placed under a clearly designed-to-fail support plan, which has seen her under conviction for 70 per cent of the time since her return to the Northern Territory. She has now lapsed into full-blown chemical addiction, and to all intents and purposes she is back on the streets and at serious risk. Yesterday I found her drunk with facial injuries; she was again bashed overnight and she appeared in court today. This support hides behind a pretence of freedom of choice values that contradicts repeated guardianship court findings that she lacks decision-making capacity. The external pressure needed to compel NT Health to accept responsibility for Rosie Anne has also been needed to maintain even tokenistic levels of commitment, the latest re-engagement prompted by monitoring by the Office of the Prime Minister and Cabinet plus the current Don Dale media coverage.”

What crime did Rosie Ann Fulton commit? She has committed the crime of survival, a crime she commits every second of every day, and so she, and all her kind, must be punished. Do not build a “declared space” where she might live with dignity. Do not open a mental health institution that might accommodate her not so unusual circumstances. Build more prisons, fill them up with Rosie Ann Fulton and her sisters, then throw away the keys, and call it democracy in an indefinitely austere world.

 

(Photo Credit: ABC Australia)

AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU

A woman asylum seeker on Nauru discusses the abuse she’s suffered

Australia is “shocked” by the routine torture of women and children asylum seekers (October 2015). Australia is NOT shocked by the routine torture of women asylum seekers on Nauru (June 2016). It’s August now, so here goes: AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU. Is anybody listening? Does anybody care? Another month, another devastating report on the systemic torture of women, children, men asylum seekers, by the Australian government, in Nauru. The language is strong, the pictures distressing, the analysis trenchant, the conclusion clear … yet again. The government denies everything, people claim shock and dismay; the women and children and men prisoners on Nauru continue to suffer intense degradation and torture, all according to plan. None of this is new, and, in that redundancy, none of us is innocent. We share the shame … or we will, someday.

This week’s report, Australia: Appalling abuse, neglect of refugees on Nauru: Investigation on remote Pacific island finds deliberate abuse hidden behind wall of secrecy, is a collaboration between Amnesty International and Human Rights Watch. Reiterating the kinds of torture imposed on women has become a kind of asylum pornography. Once a month, belly up to the window, plunk in your currency, and wait for the curtain to rise and the show to begin. The stories are exactly the stories one has come to expect: abuse, sexual coercion and violence, abysmal health care, absent mental health care, filthy living conditions, despair, despair, despair.

What is somewhat specific to Nauru, but barely, are the extremes to which the Australian government has gone, both in terms of cruelty and secrecy. As Anna Neistat, Amnesty’s Senior Director for Research, noted, “Australia’s policy of exiling asylum seekers who arrive by boat is cruel in the extreme. Few other countries go to such lengths to deliberately inflict suffering on people seeking safety and freedom.” Michael Bochenek, Senior Counsel on Children’s Rights at Human Rights Watch, added, “Australia’s atrocious treatment of the refugees on Nauru over the past three years has taken an enormous toll on their well-being. Driving adult and even child refugees to the breaking point with sustained abuse appears to be one of Australia’s aims on Nauru.”

Australia and Nauru have colluded in building “a wall of secrecy” not only around the conditions of life, and death, among asylum seekers, but they’ve managed to weave that wall into the fabric of the asylum seekers’ lives and community as well as that of the nation: “The Australian government’s offshore operation on Nauru is surrounded by a wall of secrecy, with both Australia and Nauru going to great lengths to prevent the flow of information off the island. Service providers and others who work on the island face criminal charges and civil penalties under Australian law if they disclose information about conditions for asylum seekers and refugees held offshore. Nauru has banned Facebook on the island and has enacted vaguely worded laws against threats to public order that legal experts fear could be used to criminalize protests by refugees and asylum seekers. Journalists in particular face severe restrictions on entry, with an $8,000 non-refundable visa fee and a protracted application process. Nauru has granted visas to just two media outlets since January 2014. Other requests have been rebuffed or met with no response. UN officials have been denied entry or in some cases have concluded that a visit would be impractical due to severe limitations on their access.”

What starts in Nauru spreads to the entire nation. According to another report issued this week, “Almost half the deaths in immigration detention over the past five and a half years remain unsolved, including two deaths from 2013 and three deaths from 2014 … Since January 2011, 21 people have died in immigration detention, including 18 in onshore detention. The death toll could be higher, as the figures do not include all stillbirths, infants who died in hospital shortly after birth, or miscarriages of people in immigration detention. The Department of Immigration and Border Protection refused to answer questions about infant mortality and miscarriages among detainees and a Freedom of Information request was rejected, despite new claims women detained at Nauru suffer from a high rate of pregnancy complications … Of the 18 deaths in onshore immigration detention since the beginning of 2011,two occurred at the Curtin detention centre in WA, two at Yongah Hill in Northam (WA), two at Phosphate Hill on Christmas Island, four at Villawood in NSW, two in Sydney IRH, and one death each in Darwin, North West Point facility in NSW, Melbourne ITA, Maribyrnong IDC in Melbourne, Wickham Point IDC outside Darwin, and Scherger IDC in Weipa, Queensland. Six of the resolved cases were suicides. Of the 10 unresolved deaths, two were on Manus Island and one on Nauru, two at Yongah Hill, one at Villawood, one at Darwin, one at Phosphate Hill, one at Melbourne, and one at North West Point.”

Australia declared war on refugees and asylum seekers and then weaponized the bodies of women, children, and men who had already come to Australia seeking haven. They are just so much materiel meant to be used up or left behind, like shrapnel or land mines. It’s happening across Australia; it is Australia. AUSTRALIA IS NOT SHOCKED BY THE ROUTINE TORTURE OF WOMEN ASYLUM SEEKERS ON NAURU. Can you hear me now?

Refugee children protest their relocation to Nauru

 

(Photo Credits: Amnesty International)

Australia’s “I can’t breathe” moment … or not

 


Last night, Australians watched in horror as the investigative journalism series Four Corners showed the torture and abuse of children in a so-called juvenile justice facility in the Northern Territory. The show opens: “The image you have just seen isn’t from Guantanamo bay…. or Abu Ghraib.. but Australia in 2015… A boy, hooded, shackled, strapped to a chair and left alone. It is barbaric. This is juvenile justice in the Northern Territory, a system that punishes troubled children instead of rehabilitating them – where children as young as 10 are locked up and 13 year olds are kept in solitary confinement. Most of the images secured by Four Corners in this investigation have never been seen publicly. They are shocking – but for the sake of these children who are desperate for the truth to be known, we cannot look away.” It may “shocking” but none of it is new. We have known all along.

At a number of points in the near hour-long documentary, children are heard to plead, “I can’t breathe. I can’t breathe.” To no one’s surprise, their pleas go unattended, or worse, their pleas incite the guards to further and more intense violence. From Staten Island to Berrimah, where the Don Dale Youth Detention Centre is located, “I can’t breathe”. Eric Garner haunts the world … to no one’s surprise.

To no one’s surprise, a majority of the children in the video and center are Aboriginal. To no one’s surprise, Indigenous incarceration in Australia is rampant.

To no one’s surprise, this very torture of Aboriginal children in custody had been reported, and largely ignored, last year. It takes a video to document the destruction of a child.

When indigenous leader Nova Peris was a Senator, she raised this very issue in Parliament, and now she asks, “How many more royal commissions do Aboriginal people have to get excited about? There was a lot of hope when the royal commission into Aboriginal deaths in custody was done, yet barely any recommendations were implemented. In 1997, the Bringing Them Home report about children in out-of-home care gave us hope, but what actually happened there, if anything? No-one listened. These kids need rehabilitation, they don’t need torture: hate breeds hate, they need to know that there is life outside. Over the years people brushed these kids off, calling them ‘little bastards’. These are kids as young as 11 years old, how are they even thinking criminal activities. Let’s look at the underlying issues here.”

To no one’s surprise, the Indigenous Affairs Minister ignored earlier reports of abuse. They didn’t “pique” his interest.

So now, the Northern Territory Minister has been fired; the “shocked” Prime Minister has called for a Royal Commission; and the guards in the video are still guarding the very children they were taped abusing.

Abu Ghraib. Guantanamo. Eric Garner. The new Gulag Archipelago, same as it ever was. We all share Australia’s shame. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe. I can’t breathe.

 

(Image Credit: Fastcodesign) (Photo Credit: ABC Four Corners)

Australia is NOT shocked by the routine torture of women asylum seekers on Nauru

Yesterday, Australian Women in Support of Women on Nauru released a report, Protection Denied, Abuse Condoned: Women on Nauru at Risk. It’s a powerful, and all too familiar, description that ends with recommendations for Australia, guilty of waging a war on women, through a campaign of systemic sexual violence and torture. While gruesome and horrifying, none of this is new, and the Australian government is not shocked by the routine torture of women asylum seekers on Nauru. If anything, it’s proud of the system of routine, deterrent torture.

After briefly detailing the recent intensification of violence against women asylum seekers and refugees on Nauru, the report notes, “Ample evidence of the likely damaging impact of inde nite detention and lack of adequate health facilities on detainees was readily accessible when Labor reopened Nauru. For example, an Oxfam Report published in 2007 painted `a shocking picture of psychological damage for the detainees’ including mass hunger strikes, multiple incidents of self-harm and widespread depression and other psychological conditions. Oxfam may have been shocked, but this was already old news to those who had erected the Nauru adventure.

A page later, the report notes, “Stories of the sexual assault of women on Nauru both in the camps and in the community have been told in horrified whispers to trusted people. They are backed up by reports of shocking incidents.” Maybe ordinary people with a sense of conscience or humanity would find these incidents shocking, but, again, not the members of the Australian Parliament.

Repeatedly, the population was allowed to be shocked as long as its elected government refused the shock: “The Australian population had been shocked by vivid footage of the SIEV 221 carrying mainly Iranian asylum seekers foundering onto the jagged cliffs of Christmas Island in December 2010. More than 40 people died, including children and babies. In 2013, when Rudd was Prime Minister again, he announced that none of those detained in o shore centres would ever make it to Australia.”

In 2012, when an Expert Panel recommended the re-opening of offshore centers, “the refugee and human rights sector was visibly shocked.” The centers were re-opened.

There was no shock when one atrocity after another was reported, and there was no shock when the detention center and later the island itself became “a black site, with access to the island denied to the international media.” There can be no shock, given the purpose of Nauru. Nauru was set up as a dumping ground built on a legalistic nicety: “The detention centres on Nauru house women and children who arrived in Australia by sea seeking asylum after 19 July 2013 and who the Australian government has declared will not have their claims processed in Australia, nor will they be allowed to settle in Australia.”

The name for the policy that allows this toxic legerdemain is No Advantage. In 2001, Australia established offshore centers. In 2008, the Nauru center was closed. In 2012, under the No Advantage policy, the Nauru center was re-opened: “The basic premise was that asylum seekers arriving after 13 August 2012 would be given no advantage over those who waited for a humanitarian visa in a refugee camp overseas.” The result was predictable. Four years later, “No Advantage underpins the punitive offshore regime where even death by violence, death by medical neglect, rape of women and sexual abuse of children has not deterred either the current or the previous government from this policy.” No one is shocked.

None of this will come as a shock to members of the Australian Parliament. Letters and photographs detailing the attacks on women have been sent to every Member of Parliament and Senator. They know what is happening on Nauru.”

The report is harrowing as was the last and as will be the next. Australian Women in Support of Women on Nauru has done great work here. Their recommendations to Australia are eminently sensible and familiar: obey the law; close Nauru and Manus Island; transfer everyone to Australia; invest in ending violence against women on Nauru and in Papua New Guinea.

But no one is shocked by “a deliberate policy of sending women who have already been exposed to sexual violence to a place where they are exposed to further violence.” No one is shocked by the torment of women on Nauru. We need a new kind of report. Let the next report on the atrocities in the camps focus on the members of Parliament who are not shocked. Show the faces of members of Parliament as they yawn and roll their eyes at the stories of rape and torture. Include mirrors, because right now, no one is shocked by the routine torture of women asylum seekers on Nauru or anywhere else.

 

(Photo Credit 1: Australian Women in Support of Women on Nauru) (Photo Credit 2: New Matilda / Refugee Action Coalition)

#LetThemStay: Australia tells asylum seekers detention is freedom

What does freedom mean? Don’t ask the Australian government, who this weekend hit a new low by proudly announcing it had released all refugee and asylum seeking children in Australia, when, apparently, it had merely changed their designation from “held detention” to “community detention”, without actually moving them. When torturing children just isn’t enough, try torturing the language as well. Freedom’s just another word …

Years ago, Australia’s government looked out upon the waters, saw small boats filled with desperate people, declared them a crisis and installed a state of emergency. The State has tried everything, from detention and torture to offshore detention and torture to way offshore detention and torture, from places like Villawood Immigration Detention Centre to Nauru Regional Processing Centre to who knows what or where in Cambodia. The landscape is littered with rising piles of bodies, commission reports, and expressions of shock at the routine torture of women, children, and men. Lately increasing numbers of Australians have protested in favor of a more open policy, under the banner #LetThemStay. And so, over the weekend, the State tried a new sleight of hand, and declared the war is over, even though the fighting actually continues.

When challenged on the terms of “release”, Australia’s Immigration Minister explained, “We’ve been able to make a modification to the arrangement so the children aren’t detained, they can have friends over, they can go out into the community.” Pushed by reporters, he further explained, “The same definitions apply today as they did before. There are certain characteristics that need to be met in relation to all these definitions, but that’s all beltway stuff. They’re outside of ‘held detention’, so that’s the answer that I’ve provided to you before.” Still unsatisfied with the release that is not a release, reporters continued to seek clarification, and a spokesperson for the Minister complied, “There are arrangements that have been put in place. Those arrangements now sit with the fact that it’s community detention.” That kind of obfuscation is “stuff” that beltways are made of.

Here’s the situation in plain words: “Families with children in `held detention’ in the `family compound’ of Villawood detention centre were told by letter on Friday that their detention was now classified as `community detention’. They have been `released’ from detention without moving.”

On Saturday night, a nineteen-year-old woman attempted suicide. Others will follow. Today Australia’s Immigration Minister vowed to ship the families to Nauruand beyond. The bodies pile up, the lies grow more intricate and more brazen, the shame deepens, and people and words are made to disappear. Soon, if all goes according to plan, no one will care about words like democracy, freedom, decency, or humanity.

 

(Photo Credit: The Guardian / Pacific Press / REX / Shutterstock)

This Easter, spare a thought for refugee women and children in detention

 

Greece’s Amygdaleza detention camp near Athens

Concerns about the detention of children have become an international issue. International human rights legislation provides that child migrants should not be detained for immigration-related reasons. Detailed information about un-accompanied children is not available; however, it is known that within some countries children are routinely being detained. For example, in November 2015 more than 100 countries criticised Australia for detaining women and children within offshore facilities.

The detention of children, even for short periods is understood to be harmful. The United States has the largest number of immigration centres and some of these detain families. #ShutDownBerks is campaigning to stop this Pennsylvania detention centre operating illegally and violating not only human rights but also domestic civil law.

Concerns about the welfare of women and children in immigration detention centres are shared by campaigners around the world. In the United Kingdom, Women for Refugee Women has organised a campaign called #SetHerFree. This campaign not only highlights that women are being detained indefinitely without their friends or family but are also pregnant.

In April 2015, the government of Greece said that people were being held in horrendous conditions and their continued incarceration was unaffordable. United Nations Human Rights High Commissioner’s European representative Jan Jarab explained, “There has to be facilities of a non-prison type character and it is clear that to create all this will require a kind of redirection of the government’s energies”. This is clearly needed within all countries around the world, especially within the most developed countries where there are many examples of acts against humanity for refugee women and children in detention. In the report about the release of refugees from immigration centres in Greece, a detainee said, “This was like prison, this was not a centre, at centres you can go outside, you can play ball, this was like a prison.”

 

(Photo Credit: SBS)