Comparisons - Seeking Asylum

(a) Sanctuary; protection for people who are in need of protection, esp for fugitives from the law (seek asylum), (b) Political Asylum

Within Australia and Canada there are thousands of people seeking refugee status; that is looking for a state which will grant them protection as refugees. These people are referred to as Asylum Seekers.

Asylum Seekers, are people who are outside their country of nationality or their usual country of residence, and apply to the government of the country they are in for recognition as a refugee as well as permission to stay should they be recognised. Their application for refugee status is based on fear of persecution in their own country for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

Border Protection In response to an increase in the number of asylum seekers trying to reach Australia by boat in recent years, the Australian government established the "Pacific Solution". A number of amendments have been made to the Australian Migration Act to "reduce incentives for people to journey to Australian territories". The legislation removes certain areas of Australian territory from the migration zone, including Ashmore, and Cartier Islands, Christmas Island, Cocos Islands and offshore resources and other installations.

Detention centres / Immigration Reception and Processing centres are specialised facilities defined under the Migration Act 1958 as a "centre for detention of persons whose detentions are authorised under this Act". Detainees may be people who have arrived at an Australian border without a visa and sought entry or legal visitors who have subsequently offended against the immigration law, visitors overstaying their visas or individuals awaiting deportation.

There is also a centre on Christmas Island, which lies in the Indian Ocean south of Indonesia. This centre was opened in mid-2002; however, the island has now been excised by law (see Border Protection) and is no longer part of Australia for immigration purposes. The Australian government is also currently paying for the detention of Asylum seekers in two detention facilities on Nauru (see Pacific Solution).

Mandatory Detention, as applied in Australia means the automatic detention of every unauthorized entrant, including asylum seekers, for the duration of their application procedures and appeals, without means of appeal or review. All illegal entrants and overstayers are detained, regardless of circumstances or likelihood of absconding.

Migration Agent
Under Australian law, any person wishing to provide immigration assistance must be a registered migration agent. Migration agents must possess a sound knowledge of migration law but are not required to hold legal qualifications. The Australian government contracts migration agents to advise and assist assylum seekers with their primary application and initial review under the Immigration Advice and Application Assistance Scheme (IAAAS).

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Off-shore Applicant: A person or family who applies for refugee status in a country outside their own; for example they apply for refugee status and a protection visa under the Special Humanitarian Program. This program includes people who have suffered discrimination resulting in gross violation of human rights. The program is also based on the applicant having strong support from an Australian citizen, resident or community group. Another category under which an applicant seeking a protection visa can apply is 'The Women At Risk' program. People who apply through through the UNHCR to be re-settled in a different country from where they sought refugee status; for example Indonesia, New Zealand, Egypt, India, or Mexico, Djibouti etc. They may apply from their country of origin where there is an Australia High Commission or Australian Embassy.

further Information from DIMIA

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On-shore Applicant This terms refers to any applicant who arrives in Australia with a valid visa such as a tourist or student visa, or anyone who arrives, with no documentation and applies for refugee status following their arrival.

further information from DIMIA

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Organised Violence An institutionalised/state form of violence that violates all aspects of a person's or group of people's everyday life. Use of violence is often hidden and implemented or condoned by governments, beaurocracies and the armed forces. The primary aim of such violence is to implement an institutionalised form of fear, where the individual's dignity, integrity, sense of self-worth, or well-being is shattered; physically and psychologically. (Lira, E and Castillo, M.I ( 1991) Psicologia De La Amenaza Politica Y Del Miedo. ILAS Instituto Latinoamericano de Salud Mental y derechos Humanos, 1991, Chile)

Pacific Solution Following the "Tampa" incident and the introduction of 'Operation Relex' (the turning back of boats to Indonesia or preventing their arrival in Australia), the Australian government established the "Pacific Solution". Under this policy, undocumented maritime arrivals are being placed in camps in the Pacific Islands (currently Nauru). The policy is implemented through a memorandum of understanding between Australia and some Pacific Island nations, to hold asylum seekers in exchange for financial support.

Refugee Review Tribunal:
The RRT is a statutory body made up of a number of individuals referred to as Members. This is the body to which unsuccessful applicants can appeal against the decision made at the primary stage. The RRT is independent of DIMIA, With members appointed by the Governor-general. The RRT reviews decisions concerning on-shore applicants only. The Minister for Immigration and Multicultural Affairs is responsible for guidelines and general policy direction but is not empowered to direct the tribunal. (Refugee Review Tribunal Annual Report 1996-1997)

MV Tampa
In August 2001 the Australian government forcibly prevented the Norwegian vessel MV Tampa, carrying 433 asylum seekers (rescued at sea), from docking at an Australian port. The government approached a number of neighbouring Pacific Islands, as well as the International Organisation for Migration (IOM) offering financial and aid incentives to detain asylum seekers in improvised, isolated camps run by the IOM in offshore locations. This approach has become known in Australia as the "Pacific Solution''.

The deliberate and systematic infliction of physical or physiological suffering.
Practiced in 111 countries today
More widespread in the 20th century
Amnesty International investigates and publicises where torture is practiced today

The United Nations adopted the following definition in their 1975 declaration against human rights:

1. For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person, information or confession, punishing him for an act he has committed, or intimidating him or other persons. It does not include pain or suffering arising only from inherent in or incidental to, lawful sanctions to the extent consistent with the standard Minimum Rules for the Treatment of Prisoners.

2. Torture constitutes an aggravated and deliberate form of cruel, inhuman and degrading treatment or punishment.

The World Medical Association in the declaration of Tokyo, 1975 refers to torture as:

The deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.

The essential elements of torture involve the systematic and purposeful aspects of the act for the purpose of suppressing dissent and destroying the integrity (self) of the individual. The aim of destroying the self makes the experience different from other forms of trauma. Torture can make the individual lose touch with their surroundings, identity, personal values and reality. Torture is the degrading of the individual to their minimum level of identity and shame.

Methods of Torture
Torture techniques are highly varied, however they have become specific and sophisticated. The brutal 'barbarian' forms of torture have become sophisticated, and have been meticulously researched and calculated yet the act and effect remains barbaric.

Amnesty International has documented many forms of torture presently used throughout the world (Amnesty International, 1988). Amongst methods are:

1/. The Telephone - simultaneous blows to both ears consequently, for many, causing loss of hearing.

2/. Falanga Torture - systematic beatings to the soles of the feet causing severe pain when walking.

3/. Insertion of instruments into the anus - instruments varying from bottles to police batons, injuring the rectum in the form of frustration and abscesses after the insertion of such instruments.

4/. Electrical Torture - electric shocks in the gums and the teeth, causing loss or fracture of teeth. Shocks are also applied to different parts of the body. The "picana" is a type of electric torture in which an electrically charged needle is applied to areas of heightened sensitivity such as the nipples, genitals, eyes, tongue and teeth.

5/. Deprivation - The reduction of stimuli from which the environment to a minimum, blind folded which leads to disturbance of communication, impaired memory and weakening of identity.

6/. Rape of both men and women by either sex - female children have been reported to be detained and sexually abused. This also includes sexual violence with the use of animals, eg. dogs or rats. There are further reports of pregnant women who have been detained and tortured receiving kicks in the abdomen precipitating spontaneous abortion during the torture.

7/. Beatings - extreme beatings with fists, boots and rifle butts to the entire body.

8/. Suspension - hanging the individual for long periods from arms or from legs with the head downwards.

9/. Psychological torture - such as communication techniques; that is a) counter-effect technique which seems meaningless to the victims. Any response from the victim becomes the pretext for renewed or continuous torture, leaving the victim feeling helpless. B) double-blind techniques; contradictory messages, which induce confusion - the friendly and unfriendly interrogator. Other forms of psychological torture include humiliation, verbal abuse, threats to family, observing torture on family members and mock executions. Medical practitioners, psychologists and psychiatrists have been used to inflict mental torture and to prescribe medication (also to advise as to technique to ensure death does not occur, or is delayed).

[Jakobsen, 1985, Goldfeld,
Mollica, Pesavento and Farone,
1988, Somnier and Genefke, 1986]

All of these techniques are systematically inflicted with an organized method or routine. They are often used in combination. Studies have indicated that there are techniques specific to nations or countries and it appears that different torturers favour different technique. (Jakobsen, 1985).

Physical Sequelae
Physical injuries can include scars from burning, lumbosacrial spine injuries, dislocation of vertebrae, skeletal and soft-tissue injuries. Massive swellings that cause vascular comprise of the lower legs after falanga, necrotic ulcers of the legs, and pain when walking (Goldfeld et al, 1988). Injuries vary depending on the extent or type of torture but may further include, internal injuries to the chest, abdominal, uterus, genital injury, mouth and teeth damage, bone deformity and amputations (Pagaduan-Lopez, 1987). The list of the horrific physical sequalae is extensive. Some of the physical scarring can be successfully treated. Through international assistance, there has been intensive work done to heal the physical scarring of torture. With medical treatment many physical ailments can be alleviated, if not healed. However, the psychological impairment constitutes the persistent sequelae of torture (Reid and Strong, 1988).

Psychological Sequelae
The psychological consequences of torture vary across individuals, however studies have shown that symptomatology can include neuropsychological symptoms such as sleep disturbance, headache, impaired memory, fear, anxiety and sexual disturbances (Somnier and Genefke, 1986). A Canadian study investigated the psycholgocial effects of torture on migrants from three Latin American countries. The results indicate that insomnia, nightmares, memoryt loss and poor concentration were the most common psychological symptoms prevalent amongst this population group (Allodi and Cowgill, 1982 cited in Goldfeld et al, 1988).

The psychological impact of torture has been described by others as the breakdown of the self, a loss of dignity, feelings of worthlessness or shame distrust of the world combined with feelings of guilt, depression, irritability and chronic fatigue (Jakobsen, 1985). The reactions that people have to the extreme stresses of torture will vary and depend on many factors such as ideological level and strength of conviction. The reaction however may be natural and meaningful for survival to these extreme experiences (Padaduan-Lopez, 1987).

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Unauthorised Arrival

According to the Australian government any person who arrives in Australia by air or sea without a valid Australian visa is referred to as an unauthorised arrival or an illegal immigrant.

However, many of these people are asylum seekers and Australian has international legal obligations to provide protection to those fleeing persecution. Article 14 of the Universal Declaration of Human Rights states that "Everyone has the right to seek and to enjoy in other countries asylum from persecution."

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Glossary of Terms

Abbreviations