Australia's Obligatory Containment Analysis

Mandatory detention is the practice of compulsorily detaining or imprisoning people seeking political asylum. Whilst Australia is not the only country to detain unauthorized arrivals in certain circumstances, it is the only country where there is mandatory immigration detention for all unlawful non-citizens. This imposition of mandatory detention for asylum seekers arriving in Australia without visas is a violation of basic human rights principles. As a signatory to the Universal Declaration of Human Rights, and countless treaties from the UN, our nation is in compliance with these principles, and whilst Australia continues to impose mandatory detention on Asylum Seekers we are violating the terms of these treaties.

Along with the American presence, Australia’s treatment of aliens also had the potential to cause considerable divisions. When war broke out, many foreigners, mostly Germans, and other ‘dangerous persons were made to prove their identity and placed under strict rules which they had to adhere to in order to live in Australia. However it was not the government, but the

Every year, thousands of people seek refuge in Australia after being forced to flee their homes. Under the UN 1951 Refugee convention, countries are obliged to protect refugees and basic human rights must be upheld. However, Australia is violating these laws. As of August 2013, a report by the Australian Human Rights

Asylum seekers who are held in mandatory and indefinite detention for prolonged periods of time

“My hope finished now. I don’t have any hope. I feel I will die in detention.”
Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014. 
Few social justice issues in Australia have attracted as much attention and controversy in recent times as the issue of asylum seekers. An asylum-seeker ‘is an individual who has sought international protection and whose claim for refugee status has not yet been determined’. In contrast, a refugee is an individual whose protection has been deemed necessary by the UNHCR or a State who is a signatory to the Refugee Convention. 
The issues surrounding asylum seeker has divide opinions and evoke strong emotional responses across the community. We are aware that asylum seekers are often vulnerable people, desperately fleeing civil unrest, warfare and persecution from across the world. We know that Australia is a destination of choice for many people seeking to embark on a new life in safety. And we know that there are people who will exploit the vulnerability of asylum seekers by offering them unsafe passage by sea to our shores. 
There were 584 children detained in immigration detention centres on mainland Australia and 305 children on Christmas Island. A further 179 children were detained on Nauru as at 31 March 2014.

In May 2013, the Government made some extension in policy to apply to asylum seekers who arrive by boat anywhere in Australia. Under this system, Asylum seekers who have arrived by boat must be transferred to the third country. Additionally, if these people transferred to third country then their claims of protection will be processed under this country’s law. Reciprocally, if asylum seekers who arrive by boat are allowed by the minister to remain in Australia, then their claims will be processes under Australian law. However, as of June 2013, Australian Government has not yet started processing any claims by asylum seekers, who arrived after 13 August, 2013. This was the step taken by former government maybe under the pressure of its own people who are Australians. As far as Australians are concerned, it is true that Australians are racist and they won’t people of other countries to come and live in their country. Racism can be seen in clubs and pubs where those Australian see other people with angrily and heatedly. Even though, Racism factor is present in Australia; but still it is a beautiful and safe country. Meanwhile, as far as the Australians views are concerned in regarding to asylum seekers who arrive on boats or any other way to

They realized the purpose of this policy is to reduce the amount of asylum seeker and stop the influx. BBC have published an article about the interview of an asylum seeker Habib, he said “I chose Australia because I think it's a country that cares about human rights”, But after he have been told that they can’t settle in Australian mainland and they have to be detained on Christmas island, He says “it has left me feeling desperate, it is unfair.” This article focus on the fact that this policy caused many negative intense emotions and considerable mental harm to already vulnerable asylum seekers. A large number of detainees suffered a rank of mental health issue including depression, anxiety, anger, testiness, agitation and so on. (BBC,

During 2012-13 Australia’s Refugee and Humanitarian program increased from 13,750 to 20,000 places divided between offshore resettlement and onshore protection. It resulted in 87% rise in the number of offshore resettlement visas granted. The alternatives include indefinite mandatory detention and mandatory detention. Asylum seekers who arrive without prior valid visas usually have to go through mandatory detention. They usually stay in detention for an average of 450 days. Community placement are another alternative. Many asylum seekers from immigration detentions centers are released are placed on bridging visas so they can live in community. Although

The term ‘illegal immigrants’ is a term used by the media to manipulate public opinion and thereby attempt to change or shape government policy. Asylum seekers are not terrorists wishing to corrupt the Australian way of life, but simply victims of western imperial aggression seeking safety in Australian

Australia has a legal obligation towards Asylum Seekers and Refugees as it is a signatory to the UN Human Rights and Refugee Conventions. Furthermore, Australia has a moral obligation based on its membership of the world community.

200 bare back lashes, publicly shaming you in front of your whole community. A minimum of 6 months imprisonment. Post-traumatic stress disorder and other mental illnesses left untreated. This is the punishment for a woman in Syria who has been gang raped by 7 men. (pause) In 2011, the Syrian civil war broke out, affecting the whole population. Displacement, house arrest and kidnapping, are just some of the things civilians experience. These innocent victims are petrified to live in their own homes, and are brave enough to flee and strive to seek asylum in Australia. The issue concerning asylum seekers in Australia has been prevalent for more than 15 years now. However, rather then the debate of “letting them in”, it is now an issue of the safety and mistreatment of these refugees.

Previously, many researchers noticed large amounts of immigrants in psychiatric hospitals, causing them to do the first study on refugees to be conducted in 1936. Researchers have came up with the Five main phases a refugee experiences: Pre contact: Realizing something is wrong in their country and conflict might occur. 2) Contact: The refugee realizing war, or a change in their country leadership is happening. 3) Conflict: When solders or armed people are romaine the country forcing people to leave their homes and lives behind. 4) Crises: the crises happens when their starts to be physical torture and a mass migration of people fleeing their country to migrate somewhere safe. During the crises their is multiple mass murders, torture and even rape. Lastly, 5) Adaption: When the refugee group has relocated to a safe country and is trying to

The mandatory detention policy in Australia is a legal requirement to detain non-citizens without a valid visa. It was first introduced in 1992 by the Australian Labour Party led by Paul Keating, as a response to the number of boat arrivals seeking asylum in Australia from the aftermath of the Vietnam War. In 1976 to 1981, the first wave of 2000 asylum seekers landed in Australia, where they were sympathetically allowed entrance, followed by a quick grant of a refugee visa status as they were assumed to be ‘genuine refugees’. However, continuous boats arrived been 1989 and 1994 which caused concern within the Australian public as there were issues of increased unemployment (Phillips, 2000).

Consequently the Australian Government has the legal requirements to ensure that the human rights of individuals seeking asylum (engaging under the countries jurisdiction) are respected and protected, under their obligation to numerous international treaties . These treaties specify the right to not be detained arbitrarily. Additionally, as a signatory party to the Refugee Convention, Australia has agreed to a principle known as the principle of non-refoulement , whereby they are obligated to ensure that asylum seekers, who fulfil the definition of a refugee, are not turned back to their origin country where their liberties are threatened (Refugee Council of Australia, 2011).

It was in a speech made by the 33rd President of the United States of America, Harry Truman in which he announced a policy that would undoubtedly shape the way his nation would be looked at for much of the century (or at least the half of it that remained). It was in this speech that he announced his very own Doctrine, intended to "to support free people who are resisting attempted subjugation by armed minorities or by outside pressures.”, to save the “free peoples” of Eastern Europe from the monster known as Communism, a political ideology born out of the Russian Revolution of 1917, that had spread somewhat like a plague, throughout the lands in the East, which Stalin and