Migrants: We are all children of migrants

Saturday, 5th of March 2011.

Yarl’s Wood continues.

The women behind the fences are saying something about their children, but it is difficult to hear what exactly.  They seem to be shouting something about their right to stay with their children.  Perhaps they are referring to the effects of recent policy changes.

In October, a case was brought forth on behalf of two single mothers and their children who were detained at Yarl’s Wood by UK Border Agency (UKBA) officers after dawn raids on their homes earlier in the year. In December 2010, in response, the government `signaled’ its intention to bring to an end children’s detention. This included closure of the ‘family unit’ at Yarl’s Wood Immigration Removal Centre and the suspension of children’s detention in any immigration facility over the Christmas period.

In January 2011, a court decision established that the detention of some families, including children in Yarl’s Wood, was unlawful. This decision required the government to bring to an immediate end the detention of children in immigration removal centers. The immediate response from the Home Office was that the detention of families ‘would be kept to a minimum’, while officials drew up ‘alternative arrangements’ to ‘protect the welfare of children without undermining immigration law’.

We demonstrated outside Yarl’s Wood partly to denounce the government’s ‘skillful’ use of publicity about ‘ending the detention of children’ as a way of avoiding talking about the brutal and inhumane detention regime in general. But even among some of the civil society groups that have specifically supported the end of children detention, suspicions remain concerning the government’s version of  “alternatives” to child detention. While the plan does not include any concrete improvement in terms of early access to legal aid for refugee applicants, it does mention the establishment of ‘new family conferences’. These would ‘draw in lawyers, social workers and others’, with the aim of providing ‘realistic advice to people who had been refused refugee status on what their options were’. For those who would not accept voluntary repatriation “it would be necessary to detain them in ‘secure accommodation’ for periods of around 72 hours to ensure that their departure could be enforced’.

Migrant Rights Network argues that the ideas of ‘family conferences’ and a new ‘independent family review panel’ is dangerous.  It is quite easy to imagine that the large-scale detention of families with young children will be simply reproduced in a new form.  Furthermore, these family conferences risk turning exactly those social workers and other experts who should support migrants’ children and vulnerable adults’ welfare in their communities, into immigration control functions. Those who used to work for migrants in our communities will be absorbed into the machine of control and detention, ultimately ‘advocating’ ‘voluntary’ return and deportation.

The rhetoric of the UK government around the economic recession legitimizes increasingly restrictive policies against migrants. This then naturalizes chauvinistic and militaristic approaches towards the ‘management’ of immigration as part of the ‘big society’ discourse about having to ‘share’ the consequences of the economic downturn. Of course, `they’ must pay more than `us’. The politics of racism and gender discrimination are fully at play in this era of mobility restrictions and economic austerity.

Walking back from the fences we discuss the contradiction of today’s migration politics and how grassroots groups should respond to it in practice. Yes, we will probably have to support migrant’s individual demands for regularization but cannot afford to support the whole policy/ing logic based on the continuous differentiation of migrants, the production of multiple divisions, between the ‘good’ and the ‘bad’, the more and the ‘less vulnerable’, those who ‘deserve’ integration and those who do not, or simply the right to access that which seems to become an ever increasingly ‘precious good’, conceded by national governments in Europe,  that is, the status of ‘legality’.

Many women currently detained in Yarl’s Wood have worked and toiled in this county already for many years. They are fluent in English. They have kids here. Here they have built their lives. This makes us particularly angry and astonished in front of the injustice of their detention, but it does not change the unconditionality of our claim: freedom of movement for all. Everyone, independent off period of stay and status, whether escaping poverty or war, environmental disaster or political persecution, gender or racial oppression, has the right to freedom of movement, and freedom to stay and search for a new life. After all, as we would remind the small group of police engaged in their performance of ‘protecting’ the prison from us, we are all the children of migrants.

Gabriella Alberti gabriellaluce@hotmail.com

Haunts: The orphan children of asylum seekers haunt Australia

On Wednesday, December 15, 2010, a wooden fishing vessel carrying an untold number of asylum seekers and refugees, thought to be Iranian and Iraqi Kurds, crashed off the shores of Christmas Island. The residents watched in horror, the nation watched in horror. Some of the dead were fished out of the rough seas. Others were never found. Estimates suggest that 50 people perished that day.

The survivors were either sent to hospital in Perth or sent to detention centers on Christmas Island. Prime Minister Gilliard called the event a `terrible human tragedy’.

Yesterday, Tuesday, February 15, 2011, two months to the day, eight of the dead were buried in two separate funerals in Sydney. Twenty-one survivors were flown in from Christmas Island and Perth, where they have been detained for the last two months.

Among those survivors was a nine-year old boy named Seena.

Seena lost both of his parents in the tragedy. Seena’s brother drowned that day as well. His father’s body was fished out of the waters. His mother was never found. Seena spends every day staring and waiting for new boats to arrive, for his mother to arrive. At the funeral, Seena said, “Leave me alone. I just want to go to my father. I just want to see him, I just want to see him.” According to one cousin, he wanted to be “buried with his father”.

Seena is nine years old. He has cousins, aunts and uncles, who live in Sydney. They have begged the State to let the child stay in Sydney, where he has an extended family network, where there are mental health providers ready to attend to him. “We are more than happy to take responsibility for him,” his cousin explains.

They are more than happy to take responsibility.

The State however is not happy to take responsibility for this nine year old child. The State initially planned to ship him back, with the others, back to Christmas Island, back to isolation, back to desolation, back to endless and daily waiting for his mother to arrive. If Seena is returned to Christmas Island, who will take care of him? His aunt, who is also a prisoner there. His aunt, who is in even worse psychological condition than he is.

Tonight, Seena is at Villawood Immigrant Detention Centre, outside of Sydney, … again. Seena spent the day before his father’s funeral in Villawood. When ten relatives came to see him, his spirits lifted. Seena is a nine-year old child. Of course, seeing his relatives cheered him up.

Seena is meant to be flown back to Christmas Island tomorrow, Thursday, morning. Perhaps he has been, perhaps not. The State now says it will consider the family’s request.

What does it take for the nation-State to be happy, more than happy, to take responsibility for the children in its midst?

Article 37 of the United Nations Convention on the Rights of the Child reads, in part:

“No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment….Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”

Australia ratified that ConventIon in December 1990, twenty years almost to the day of Seena losing his family and being sent to Christmas Island. More countries have ratified the Convention than any other human rights treaty in history. If there is anything like a global consensus, it is the United Nations Convention on the Rights of the Child.

And yet … protecting, securing and sustaining the rights of the child and the rights of children is viewed as a bureaucratic obligation. Which nation-State is more than happy to take responsibility for the child?

Seena is nine years old. Seenah haunts Australia. The orphan children of asylum seekers haunt the world.

Dan Moshenberg, dmoshenberg@gmail.com

Haunts: The human faces of asylum seekers haunt Australia

Two months ago, it was reported that Australia was preparing for an uptick of children in detention mutilating themselves. At the time, there were around 700 children. These children `in detention’ are imprisoned asylum seekers and migrant children, and children of asylum seekers and migrants.

Two months later, almost to the day, on Wednesday, December 15, a wooden fishing vessel carrying an untold number of asylum seekers and refugees, thought to be Iranian and Iraqi Kurds, crashed off the shores of Christmas Island. The residents watched in horror, the nation watched in horror.

The dead were fished out of the rough seas. The survivors were either sent to hospital in Perth or sent to detention centers on Christmas Island.

Prime Minister Gilliard called the event a `terrible human tragedy’. The event is now commonly referred to, in the news media, as `the asylum-seeker boat tragedy.’ The Prime Minister said the full death toll may never be known. She was more right than she knew.

This is not the first time Australia has confronted an asylum-seeker boat tragedy. In 2001, there was the infamous Children Overboard affair.

On October 7, 2001, a fishing boat, the Olong, was filled with asylum seekers and headed for Christmas Island when it was caught by the HMAS Adelaide, north of Christmas Island. Under orders from the government, the warship fired warning shots, boarded several times, and finally forced the boat to turn back. The boat was old, battered, and overloaded, with over 200 people on board. The engines failed. The Adelaide took the boat in tow, and waited for instructions from the government. Then the boat literally began to fall apart and sink. Parents held their children in the air, to alert the navy of their presence on board. There were 53 children on board the Olong. The then Prime Minister John Howard claimed the parents were throwing their children overboard. They were not. The evidence from the Australian Navy showed, immediately, they were not throwing their children overboard. But the claim was out there, in the air. Refugees and asylum seekers were somehow less than human.

This most recent asylum-seeker boat tragedy is said to have put a human face on the `asylum issue’. Here’s how Nick Clegg, of the BBC, describes the situation: “Australia’s asylum seeker debate is often conducted as if the people heading for its shores were an abstraction, with the term “boat people” almost shorn of its human meaning. With such harrowing images from Christmas Island broadcast on early evening news shows – which only 24 hours earlier had dwelt more happily on the visit to Sydney of Oprah Winfrey – millions of Australians would have seen the anguished faces of those seeking to reach its shores, and witnessed the lengths to which they would go to get there. Put simply, it was shockingly real….Whatever its outcome, after the tragedy on Christmas Island the debate has a human face.”

Others had a similar response: “In Australia, perhaps for the first time, the disaster gave the asylum-seeker issue a human face. Not even those who dismiss boat people as “queue-jumpers” could have failed to be moved by footage of men, women and children screaming for help as their vessel was dashed to bits.”

The asylum-seeker debate, or situation, now has a human face. Prime Minister Gilliard says there will be no repeat of the children overboard affair in dealing with the situation. She says as well that the full death count will never be known. In a nation in a world in which human beings must sew their lips together, must mutilate themselves, must perish in the rough seas in order to be endowed with a human face, where does one begin to measure the full extent of the death count? The human faces of asylum seekers – not the asylum seeker debate nor the asylum seeker situation – haunt Australia and the world.

Dan Moshenberg, dmoshenberg@gmail.com