Monday, May 30, 2011

Suicide, depression hit Australia detainees

SYDNEY - Australia's asylum seeker policy came under more fire Thursday with the Human Rights Commission warning that suicide and depression were major concerns in the country's detention centres.
A new study focusing on the Villawood Immigration Detention Centre in Sydney was released as criticism mounted of Canberra's plan to send boatpeople to Malaysia, where detainees can be caned.
Detention is mandatory for asylum seekers who arrive in Australia until their claims are processed, with some remaining locked up for more than a year.
The Australian Human Rights Commission said three apparent suicides at Villawood last year and high rates of self-harm should serve as a warning.
Commission president Catherine Branson said that the uncertainty caused by being held indefinitely was triggering serious mental health issues.
"What we saw at Villawood was the result of the system of mandatory and indefinite detention, where people can see no end in sight because there is no set time limit on the period a person can be held in detention," she said.
Sixty percent of those in detention when the commission visited Villawood had been held for longer than six months, and 45 percent for more than a year.
"We saw people scarred from self-harming. We heard others talk of sleepless nights, days of depression and frequent thoughts of suicide," said Branson.
"The commission has been deeply concerned for some time about the detrimental impacts of prolonged and indefinite detention on people?s mental health and wellbeing."
She added that the concerns had escalated over the past year as thousands more people arrived, usually on boats from Indonesia.
"I urge the government to make greater use of community-based alternatives that are cheaper, more effective and more humane, such as the use of bridging visas or community detention," she said.
Louise Newman, head of the immigration department's detention health advisory group, admitted there were problems.
"Whenever we have in close proximity people killing themselves then that raises very serious issues about the function of the system," she told ABC radio.
Some 8,000 boatpeople have arrived in Australia since the beginning of 2010, and recent riots and rooftop protests have prompted the government to approach Malaysia about taking some for processing.
Canberra plans to send 800 there and in return will accept 4,000 people already assessed to be refugees from Malaysia for resettlement over four years.
The UN High Commissioner for Human Rights this week warned Australia the plan could be illegal, with Malaysia not a signatory to the UN Refugee Convention nor the UN Convention against Torture.
According to Amnesty International, Malaysia canes up to 6,000 detainees a year, claims seized on by critics Thursday.
But Immigration Minister Chris Bowen insisted that he had received assurances that any asylum seekers sent to Malaysia would not be abused.
"Malaysia has agreed to treat any asylum seekers transferred from Australia in line with their human rights," he said in a statement.
"They will not be caned."

It’s a constant battle for refugees

MUHAMMAD Kamal* wakes up each day with a heavy heart. The Rohingya refugee lives from day to day, hoping someone will give him a job so he can feed his young family.
He is lucky if he can earn RM800 a month doing odd jobs like construction work.
The dark circles beneath his eyes make Kamal look much older than his 33 years. A victim of forced labour in Myanmar, Kamal escaped to Malaysia in 1995.
»It is better here. It is a hand-tomouth life but we can work« TUAL KHAU LIAN
Despite being a registered refugee, Kamal, who has two children aged two and six, says he has been detained several times, the longest being a month in the Lenggeng Immigration detention facility.
Last year, in hope of a better life, Kamal considered going to Australia by boat. An agent told him the journey would cost RM15,000, an amount he is unable to raise.
“I don't know how long I'd have to wait to be resettled. I just want to live like a normal human being,” he sighs.
For the human smugglers, transporting desperate refugees like Kamal is a lucrative trade, with some asking as much as RM33,000 to RM45,000 per refugee.
This illegal trade has drawn Australia's concern because Malaysia and Indonesia are said to be transit points. To stem the smugglers' trade, Australia is hoping to seal a proposed agreement to send 800 asylum seekers who have been detained by their authorities to Malaysia in return for accepting 4,000 refugees in Malaysia for resettlement over a period of four years.
In Malaysia, the refugees are spread nationwide but most are concentrated in the Klang Valley.
Unlike decades ago, refugees can now move around freely with the local community. But this freedom has some repercussions.
Ismael*, 31, who earns about RM800 a month as a rubbish collector, claims he has had to pay bribes to avoid detention. Sometimes, his employer pays the amount and docks it from his pay, he says.
“I have pleaded with the police on how hard it is to survive but to no avail. One policeman even told me he needs to pay taxes, whereas I don't have to,” the father-of-three claims.
However, treatment of refugees has improved over the last year although there are still instances of abuse, says Shan Refugee Organisation chairman Sai Kham Noom.
He relates that his taxi was stopped by a policeman last year but he was let off when he showed him his refugee status card from the office of the United Nations High Commissioner for Refugees (UNHCR) and also gave his call card.
When the policeman said he could go, Sai drove off, forgetting to take his UN card. The next day, he says, he received a call from the policeman who told him to take his card back.
For the refugees, a major problem is getting a job. They can only take on odd jobs, and the probability of them being exploited is high.
Sai says it is not easy to find work and most refugees earn about RM700 to RM800 monthly although he knows of a few who earn more as cooks and mechanics.
“Malaysia is still much better than Burma.”
Sai, who holds a degree in physics, says he ran away from Myanmar after he was accused of being a spy.
Chin Refugee Committee (CRC) coordinator, Henry Pin Maunt Shwe, says some employers are scared to hire refugees because of potential problems with the Immigration authorities.
He says a plantation worker could earn about RM700 monthly but there are instances when employers refused to pay their workers.
Tual Khau Lian, 55, was a farmer in Myanmar before he came to Malaysia in 2004.
“We are Chin people. Soldiers look down on us. We can't move freely, our children can't go to school and many are kidnapped by the junta and sent to work in labour camps.
“It is better here. It is a hand-to-mouth life but we can work. And the people here, such as those in the hospitals, don't look down on us. Thank you very much Malaysia,” he says.
Since coming here, Tual has worked in a tofu factory, restaurant and the construction sector. But it hasn't been a bed of roses for him.
He claims that in December 2006, he was picked up by cops who asked him for money. When he refused to pay, they took him to the police station and despite showing his UN card, no one from UNHCR came to help him, he relates. His guess is they were not told.
“My court case kept being postponed, so I was in Sg Buloh prison until 2008,” he says with a wry smile, adding that he picked up Bahasa Malaysia from the Malay inmates.
Tual suffered a mild stroke after his release and recuperated at a home in Batu Arang. He hasn't been able to work full-time since then but helps out with funeral services at the Zomi Association of Malaysia.
His two sons, aged 20 and 15, came to Malaysia in 2010. His elder son works in a restaurant and supports all of them on his meagre pay while the younger one is studying.
Tual discloses that he and his sons have had their medical examination and adds brightly: “We are on our way to the United States! Once there, I hope my wife and daughter can join us.”
Housewife Vung Lam Dim, 33, lives in a tiny flat with her two-year-old daughter Rebecca. Her husband works as a lorry driver in the jungle.
“He comes home Saturday night and leaves Sunday. He comes back Monday night to attend Bible class (at the Myanmar Church which meets at the Life Harvest Assembly in Cheras) because he wants to help in the church.”
Lam Dim and her family were accepted by Australia a few years ago but after her husband's medical examination showed he had tuberculosis, they were rejected.
Although all three have a UN card, they are stuck here until her husband passes the next medical examination. In the meantime, she steers clear of the authorities.
*Not their real names

Malaysian refugees: the reality behind the so-called solution

Last week our government announced a new refugee deal with the Malaysian government. It wasn't by design that just two days later I found myself spending the day with a group of Chin refugees in Kuala Lumpur, Malaysia. I had planned to visit this community weeks before. As it turned out, my timing was perfect.
The Chin are a people group in Burma, majority Christian, who face significant religious and cultural persecution. They are treated like aliens in their own land, living in fear of violence, forced labour and in some cases even death. As a result, many of them resort to doing business with the people smugglers that we hear so much about in our nation, so that they can make their way into either India or Malaysia, with the hope of registering with the UNHCR and hopefully being resettled to a third country. Two or three years after fleeing their own land, some of the fortunate ones end up as resettled refugees on our shores and living in our cities. Some remain in limbo for many more years than that.
The story is not that alarming, until you start to dig into the reality of what those years waiting in limbo look like as these people wait to be resettled. The Malaysian government is not a signatory to the United Nations refugee convention. They do not recognise the Chin as refugees, instead choosing to label them illegal immigrants. The result is that these refugees have no identity, no access to work, education or health care. In the eyes of the institutions of our world, they are nobody!
They float in society. If they manage, after a number of months, to get accepted by the UNHCR office as having a legitimate claim to refugee status, then they have some access to justice structures. Until that time, they live in constant fear of being picked up by vigilante volunteer immigration officers. Many then get passed into the hands of people smugglers, dropped at the Thai border, then sold into the sex industry or slavery. Once they disappear across the border the reality that they have no official identity means that nobody comes looking for them.
I've met a lot of very poor people in my time, but not many that face this kind of mass injustice. I've not met many who are well educated yet still have almost no control over their own destiny or freedom.
As I got to know one of the men, I got my phone out and showed him a photo of my one-year-old daughter. I proceeded to tell him how I was missing her terribly after a week away from home. Later that day, I was told that man and his wife had two children aged two and four back in Burma who they had not seen in 18 months. They had fled their home in fear of persecution having made the choice to leave their family behind in the hope that they might one day be able to provide a peaceful life for them.

It's striking how this one moment (where I shoved my foot deeply into my mouth) highlighted just how different our lives are! I doubt whether I will ever have to choose to leave my family because I fear death. If I ever went missing at the Thai border my family, lawyer friends and the resources of a whole nation would come to find me. This is poverty in its most evil form. This is poverty that requires a voice for a solution.
As I reflect on my day in Kuala Lumpur and on the deal we have made with Malaysia, I'm led to believe that the situation for other refugees in Malaysia may not be quite so dire. Even if that is the case, being at the back of the queue means a potential 3 years or more of floating in Malaysian society with little or no rights.
There are not any easy answers to the situation with asylum seekers in our nation, but because of my experience I need to ask myself the question - 'Should we be sending people into this situation?' I hope the government has thought through that question and can give a valid answer.
I'm no expert on this stuff. What do you think?
One thing my day in Kuala Lumpur has taught me is that behind each human piece that we move around an international chess board from our positions of privilege and power is a real person with a real family and a real story. Ms Gillard, Mr Bowen, Mr Abbott and Mr Morrison...and me....and you...each need to make sure that we treat each of them with the dignity they deserve - even as we pursue justice and fairness.
______________________
John Beckett (known to most of us as JB) is the National Coordinator of Micah Challenge Australia.

JB desires to see more and more Christians taking on justice, mercy and humility as a way of life and speaking, praying and acting for and with the global poor

The Malaysian Solution on Refugees

ASYLUM seekers shipped overseas under the proposed "Malaysian Solution" face the prospect of caning if they step out of line in detention.
Living conditions at refugee camps in Malaysia have also been condemned as crowded and unhygienic, with some inmates reported to have died from disease spread by rats.
According to Amnesty International, Malaysia flogs up to 6000 detainees a year, using a rattan cane that causes visible injuries and scarring.
The law allows guards to punish children.
"Across Malaysia, government officials regularly tear into the flesh of prisoners with rattan canes travelling up to 160km/h. The cane shreds the victim's naked skin, turns the fatty tissue into pulp and leaves permanent scars that extend all the way to muscle fibres," an Amnesty report into caning says.

UN Human Rights Commissioner Navi Pillay, who is visiting Australia, claimed yesterday the Gillard government risked breaching international laws with the proposed swap of 800 boat arrivals for 4000 refugees from Malaysia.
While Immigration Minister Chris Bowen insists the deal complies with the UN Refugee Convention, that document does not cover torture, cruel punishment or conditions in detention centres that are dealt with under other international covenants and UN guidelines.

Movement for change

The best and the brightest are being recruited for Teach For Malaysia to effect change in the education landscape.
BE part of a movement which aims to ensure all Malaysian children receive a fair chance in schools.
Inspired by Teach For America founder Wendy Kopp, two Malaysians are bravely taking the challenge of starting a similar programme here.
Aptly named Teach For Malaysia, participants of the programme who will be known as “fellows”, will commit themselves as teachers for two years in “high need” schools around the country.
Teach For Malaysia co-founders Keeran Sivarajah and Dzameer Dzulkifli were inspired by Kopp’s decision to launch a movement to improve public education in the United States.
“We want to attract the best and brightest Malaysian graduates to teach for two years at schools.
“We are enlisting Malaysia’s most outstanding youth in our mission to end education inequity,” said Keeran.
Dedicated: Co-founders Keeran (left) and Dzameer have started the Teach For Malaysia programme here.
The programme’s vision, he said, is “for all children in Malaysia to have the opportunity to attain an excellent education”.
Eventually its alumni would form an influential network of leaders, committed in their pursuit of expanding educational opportunities from within and outside the (education) sector.
Keeran who is also executive director, said Teach For Malaysia is a partner of the global education network, Teach For All, that is expanding educational opportunities in 19 countries around the world including Australia, China, India, Lebanon and Pakistan.
He said education inequity is the reality and a child’s origin often determines the quality of his or her education, and therefore life outcomes.
“Teach For Malaysia believes that this challenge - that a child’s origin often determines the quality of his or her education, and therefore his or her life outcomes - can be solved if our nation’s next generation of leaders immerse themselves in understanding the root causes of education inequity, and work together in schools and across various sectors to solve them.
“We are enlisting the support of Malaysia’s most promising future leaders in our journey to make a difference. Be a part of the change, and Teach For Malaysia,” he explained.
Both Dzameer and Keeran have volunteered their teaching services.

Dzameer who is managing director of the programme, said his own experience of volunteering at the UNHCR Myanmar Refugees Education Centre in Kuala Lumpur, only reinforced the fact that no matter where a child comes from, there is something extraordinary in them that is waiting to be unleashed.
“I volunteer as a teacher as my 88-year-old grandmother who is a former teacher and social worker herself, was teaching the children English and kept on mentioning at dinner that they needed a Mathematics teacher.
“After a couple of months, I decided to give up my Saturday afternoons and never looked back,” he shared.
Dzameer who has a masters in engineering from the UK, said he always found teaching an interesting profession but never considered it as a career move until he applied for the Teach First programme in the UK.
“Unfortunately, due to visa constraints, I was unable to join the programme,” he added.
Keeran volunteered in a school in Melbourne, Australia when he was studying for an undergraduate degree in finance.
“I taught the children of refugees from Africa,” he added.
The idea to start the Teach For Malaysia programme was mooted by Keeran and Dzameer, and launched by Deputy Prime Minister Tan Sri Muhyiddin Yassin last December.
Under the programme, he said, outstanding graduates and young professionals from all disciplines would be recruited to teach at under-performing schools. He encouraged high-performing graduates who want to contribute to the country to take up this challenge.
Muhyiddin, who is Education Minister, said Teach For Malaysia was in line with the Education National Key Results Area (NKRA) to enable access to quality education for all.
Participants, he added, would be employed as full-time teachers and serve in the schools for two years.
“Teach For Malaysia marks an important milestone in the Government’s effort to enhance the standard of the teaching profession and attract the best brains to teach,” he said.
Keeran explained that the programme’s mission was to build a movement of leaders who would eliminate inequity in education.
Teach For Malaysia fellows will serve as full time teachers for two years in high-need schools, and commit to transforming the education outcomes of less-privileged schoolchildren, through significantly improving their achievements and aspirations.
In the long term, Teach For Malaysia ambassadors would form a different class of leaders, working in various fields to expand education opportunity for all children in Malaysia.
“We hope to recruit 50 graduates and young professionals for the initial cohort of the programme who will commence teaching when the new school session begins in January 2012,” he said.
Dr Ruhaya Hassan who is head of the Teach For Malaysia taskforce at Institut Aminuddin Baki, said they are working closely with the team behind the programme on training the potential fellows who will be placed in schools next January.
“We have identified the secondary schools in Kuala Lumpur, Selangor and Negri Sembilan where we will place the fellows,” she told StarEducate.
Full support
Fellows will be provided with intensive training and support throughout their two years, added Keeran.
On the training provided, he said it was heavily centred around the Teaching as Leadership framework that stems from the idea that excellent teachers, irrespective of subject, student age or school context, operate on the same principles that are common to excellent leaders in all sectors.
“The Teaching as Leadership framework was created by Teach For America, by gathering and evaluating data on student achievement from thousands of Teach For America classrooms, where they were able to learn about the distinguishing methods of teachers whose students were demonstrating dramatic academic progress.
“Our fellows will undergo an intensive six to eight week residential programme in November and our end goal is that they be equipped with the necessary skills from day one in the classrooms.
“Once they are placed in classrooms in schools, they will have the full support of an individual personal leadership development officer who continually monitors their performance,” he said.
Working in collaboration with the Education Ministry, Keeran said a senior school teacher would be assigned as a mentor to each fellow to ease their transition into a school.
At the same time, he said, fellows will work towards obtaining a postgraduate diploma in education by attending either evening or weekend classes, making them fully qualified teachers.
The expected salary, he added, would be competitive to what was offered in the private sector.
Teach For Malaysia recruitment director Su En Yong said the team has been travelling to meet Malaysian students in top universities in the United States, United Kingdom, Australia and Malaysia.
“The feedback we have been getting is that it is their vision to make Malaysia a better place. They have been looking at a platform such as Teach For Malaysia where they feel they can make an impact on a larger scale,” she said.
Keeran said the Teach For Malaysia team has been setting the groundwork for the fellows by meeting the secondary school principals.
“They are prepared to listen to ideas and will have dedicated teachers who will assist the fellows once they posted to the schools,” he said.
It will be an exciting time, said Yong, when the fellows start their posting as they will be considered leaders in the classroom.
But it is not all about teaching as the two-year programme will equip the fellows with the training, experience and support to become inspirational leaders, both in the classroom and beyond.
“The fellows go beyond teaching as they will become part of a network of like-minded individuals who will effect change in the future,” she said.
During their two-year commitment, fellows will be expected to confront and tackle a host of challenges, motivate diverse stakeholders to work hard towards a shared vision, create and adjust plans to move further towards their goals, and gain the confidence they need to succeed.
According to Keeran, fellows will be leaders in both the classroom and the community.
Fellows believe in the potential of all students to achieve and succeed, regardless of their origin.
They do so by getting to know their students in and out of the classroom; creating plans to match students’ needs; teach in an engaging manner; work with other teachers, administrators and community members to build skills and obtain resources for the classroom; and analyse assessments to ensure that students are progressing towards their academic goals.
At the same time, Keeran said fellows are expected to implement a transformational project in the school or community in which they serve.
Fellows choose to tackle one primary challenge to students’ achievement (after discussions with school and community leaders), and create innovative and sustainable solutions to this problem.
Yong said fellows will work with a business coach from the private sector to do so.
By designing, implementing and managing a small-scale, sustainable project within the school community, fellows will build upon their leadership and project management skills.
Fellows can also use the leadership and management skills from carrying out the project once they have completed their teaching commitments and decide to opt for other career paths.
There are staggered closing dates for application to the Teach For Malaysia programme to suit the graduation dates of students studying in both the northern and southern hemispheres.

The next closing date is on June 6.

The Star 


No Burmese refugees, says Ruddock

Liberal MP and former immigration minister Philip Ruddock says there are needier people in need of resettlement in Australia than those from Burma.
It is one of the chief reasons he rejects the federal government's proposed asylum seeker swap deal with Malaysia.
The government is on the brink of signing a deal under which 800 asylum seekers would be sent to Malaysia, with Australia accepting 4000 refugees in return.
Malaysia is home to about 90,000 asylum seekers and refugees, of whom 92 per cent are Burmese - meaning they will make up the bulk of the contingent headed to Australia.
But Mr Ruddock thinks this is unfair.
"I don't know whether the Burmese are the most appropriate people in need of resettlement in the world," he told Sky News on Sunday.
"It is part of a deal that they get a priority place.
"But if (those spots) are used up in a political solution, the help that's needed for those who need it most will be denied."
Poor living standards and crackdowns on ethnic minorities, such as the Shan and Karen, have driven millions to flee Burma, which a military dictatorship has ruled since 1962.
Seven in every 100 children will die before the age of five, mostly due to preventable diseases, but the junta spends just two per cent of its budget on health.
Mr Ruddock said there were more genuine refugees elsewhere.
"If you go to the UNHCR, they will tell you we have to look at those people who are unsafe where they are, where they have no prospect of ever being returned home, where they are genuine refugees," he said.

Source : news.ninemsn.com.au

Saturday, May 28, 2011

Malaysia refugee solution risks human life

BY MAURIZIO PETTENA
I am a member of the Scalabrinian congregation. Our formation includes entering into the reality of those whom we seek to serve. In our case, we work quite explicitly with migrants and refugees.

Just as some religious are dropped off in the middle of deserts with $10 in their pockets; we are placed at difficult border crossings, expected to find our way, to truly enter into the experience of being an asylum seeker.
A radical availability, openness and personal strength of character is required to live experiences such as this. A sense of adaptability is needed – an acceptance of difficult conditions, unfamiliar languages, and less than dignified treatment.
And yet what we experience in this attempt at solidarity is nothing compared to what the 40 million refugees and internally displaced people of the world experience each day.
Over these last weeks, the Australian Catholic Migrant and Refugee office has been reflecting much on what the Government’s new deal with Malaysia might mean for those who seek asylum on our shores. We have arrived at what has been the sticking point for the Catholic Church on migration for many years.
Of fundamental importance in any policy dealing with forced migration is the dignity of human life. As Catholics, we believe that a commitment to respect and empower people from all nations, migration on a global scale – whether voluntary or compelled –  can be successfully managed and be beneficial for all. It remains essential for Australia to hear asylum seekers when they knock at our door. 
In a recent Multicultural Mass held at St Mary’s Cathedral, the Catholic Bishops of Australia saw the fruits of migration to this country. In a beautiful display of colour,  faith and commitment to the Church, those who participated in this mass were communities from places as diverse as El Salvador, Vietnam, Myanmar (Burma) and Sudan.
The communion they shared was in their celebration of the Catholic faith, and their experience of having lived a “way of the cross” of seeking asylum in this country – many of them who weren’t initially made welcome, and  many of them who had suffered much in their journeys to Australia.
As the President of the Pontifical Council for Migrants and Itinerant persons, Archbishop Antonio Veglio reflected on his visit to Australia at that Mass, he made particular mention of the short visit he had made to Maribyrnong detention centre, and the experience of speaking with some of the detainees. It was something which impacted deeply upon him, and he again mentioned it in his address to the Bishops the following day at their Plenary Meeting.
Then, we heard the wonderful announcement last week of the newest Auxiliary Bishop of Melbourne, Fr Vincent Van Long Nguyen. He was himself a “boat person” some 30 years ago. He became a Franciscan priest, and is now the first “refugee” Bishop in Australia.
I’m sure that he will tire soon of such a label, but it is an aspect of his story which is important for us as a Christian community.
And all of this leads us to consider the Malaysia deal. What will it mean for people? Why does Australia persist in denying people their fundamental rights? Why do we still consider ourselves to be “swamped” by boat arrivals?
Australia has one of the most successful resettlement programs in the world and it is appropriate that the number of refugees under this program be increased. Australia is better placed than other countries in the region to resettle refugees due to the economic success underpinning our Nation.
The Australian Catholic Migrant and Refugee Office acknowledges the policy of sending the next 800 boat arrivals to Malaysia might be a deterrent for further boat arrivals. We cannot condone this policy; as essentially swapping human life goes against the moral teachings of the Church. 
ACMRO has grave concerns for the welfare of the potential 800 candidates that may be sent to Malaysia due to the already heavy burden that Malaysia carries.  While Malaysia appears willing to uphold the key aspect of the Refugee Convention to not return asylum seekers to the origin of danger; this alone does not afford asylum seekers the opportunity of a sustainable life.
The burden of irregular migration flows is one which needs to be shared more equally between countries based on their capacity to care for asylum seekers.
The negotiations between Australia and Malaysia represent a bilateral agreement and a step towards a regional framework for managing and protecting forced migrants.  Any regional framework is likely to include countries that are not signatory to the Refugee Convention.
So, in that light and with that knowledge, we say at this point that it is not appropriate then, to send people to any place where their dignity may be eroded any more than it has been in the journey thus far.


Maurizio Pettena
Father Maurizio Pettena CS is the Director of the Australian Catholic Migrant and Refugee Office. Earlier this year he was appointed to the Pontifical Council for Migrants and Refugees. 
Image: Flickr.

 Disclaimer: CathBlog is an extension of CathNews story feedback. It is intended to promote discussion and debate among the subscribers to CathNews and the readers of the website. The opinions expressed in CathBlog are those of the authors and do not necessarily reflect those of the members of the Australian Catholic Bishops Conference or of Church Resources.

The Malaysian Solution - refugees caged and caned in world of pain

ASYLUM seekers shipped overseas under the proposed "Malaysian Solution" will not be caned, says Immigration Minister Chris Bowen.
Labor has announced that up to 800 boat people picked up on their way to Australia will be sent to Malaysia for processing instead. 

Australia will accept 4000 people from Malaysia who have already been granted refugee status in return. 

The agreement has been widely criticised because Malaysia has not signed the United Nations Refugee Convention or Convention against Torture and has a history of caning asylum seekers. 

But Mr Bowen said he had received assurances that people sent there under the yet to be finalised deal won't be abused. 

"Malaysia has agreed to treat any asylum seekers transferred from Australia in line with their human rights," he said in a statement on Thursday.

They will not be caned."
 
Mr Bowen stressed asylum seekers transferred to Malaysia would be processed by the UN's refugee agency.
Living conditions at refugee camps in Malaysia have been condemned as crowded and unhygienic, with some inmates reported to have died from disease spread by rats.
According to Amnesty International, Malaysia flogs up to 6000 detainees a year, using a rattan cane that causes visible injuries and scarring.
The law allows guards to punish children.
"Across Malaysia, government officials regularly tear into the flesh of prisoners with rattan canes travelling up to 160km/h. The cane shreds the victim's naked skin, turns the fatty tissue into pulp and leaves permanent scars that extend all the way to muscle fibres," an Amnesty report into caning says.
UN Human Rights Commissioner Navi Pillay, who is visiting Australia, claimed yesterday the Gillard government risked breaching international laws with the proposed swap of 800 boat arrivals for 4000 refugees from Malaysia.
While Immigration Minister Chris Bowen insists the deal complies with the UN Refugee Convention, that document does not cover torture, cruel punishment or conditions in detention centres that are dealt with under other international covenants and UN guidelines.
His office could not guarantee covenants or guidelines would be part of the agreement, which Mr Bowen said would be signed within weeks. Pressed on whether canings and the caging of pregnant women or children would br prevented, Mr Bowen's spokesman said negotiations were ongoing.
Ms Pillay was critical of the government's proposal. "If checks and balances are not made there's a huge risk of violations," Ms Pillay said.
Amnesty International's Dr Graham Thom toured three Malaysian detention centres last year, hearing how detainees had died of leptospirosis contracted via rat urine.
He photographed women and a baby caged in squalid conditions at Lenggeng Immigration Depot, near Kuala Lumpur, and hundreds of men in a tennis court-sized enclosure.
"We went to three different centres and each was equally appalling," he said.
Refugee lawyer David Manne said he had assisted asylum seekers who had been in Malaysian detention camps which were overcrowded and rife with malnutrition. "There are very poor sanitary conditions, serious systematic abuse, beatings, whippings, canings," Mr Manne said.
A spokesman for the UN's refugee agency, the UNHCR, said "safeguards" were needed in the agreement to ensure any detention of asylum seekers was for a limited initial period.

Health adviser says the mental health affects of detention well known

USTRALIA has long been aware of the dangerous mental health consequences of mandatory immigration detention, a government health adviser says.
Head of the Department of Immigration's detention health advisory group Louise Newman said the psychological trauma of locking asylum seekers up became apparent 10 years ago.
"Government are aware that this is a damaging and very toxic system," she told ABC Radio.
"Yet the politics are such that it seems to be absolutely imperative."
Professor Newman agreed with the Australian Human Rights Commission's findings that there were high rates of self-harm and suicidal tendencies in detainees from Sydney's Villawood detention centre, the Herald Sun reported.
"Villawood certainly is serious in terms of the cluster of suicides (there)," she said.
"Whenever we have in close proximity people killing themselves then that raises very serious issues about the function of the system."
Her comments came after news that asylum seekers shipped overseas under the proposed "Malaysian solution" could be caned if they step out of line in detention.
Living conditions at refugee camps in Malaysia have been condemned as crowded and unhygienic, with some inmates reported to have died from disease spread by rats.
Malaysia flogs up to 6000 detainees a year for immigration offences, using a rattan cane that causes visible injuries and scarring. The law allows guards to use the punishment on children.
Immigration Minister Chris Bowen denied asylum seekers sent to Malaysia from Australia will be caned.
He said he had received assurances that people sent there under the yet to be finalised deal won't be abused.
"Malaysia has agreed to treat any asylum seekers transferred from Australia in line with their human rights," he said today.
Mr Bowen stressed asylum seekers transferred to Malaysia would be processed by the UN's refugee agency.
UN Human Rights Commissioner Navi Pillay, who is visiting Australia, yesterday claimed the Gillard Government risked breaching international laws with the proposed swap of 800 boat arrivals for 4000 refugees from Malaysia.
She also said there was a strong undercurrent of racism in Australia.
"I come from South Africa and lived under this, and am every way attuned to seeing racial discrimination," Ms Pillay, a former anti-apartheid campaigner and international criminal court judge, said.
"There is a racial discriminatory element here which I see as rather inhumane treatment of people, judged by their differences, racial, colour or religions," she said.
While Immigration Minister Chris Bowen insists the deal complies with the UN Refugee Convention, that document does not cover torture or cruel punishment.
Asked whether international laws would be observed to prevent canings, Mr Bowen's spokesman said negotiations were continuing.
Amnesty International's Dr Graham Thom toured three Malaysian detention centres last year, hearing how some detainees had died of leptospirosis, contracted through rat urine.
He photographed women and even a baby caged in squalid conditions at Lenggeng Immigration Depot, near Kuala Lumpur, and hundreds of men in one tennis court-sized enclosure.
"We went to three different centres and each was equally appalling," he said.
With The Daily Telegraph.

Malaysia's use of cane raised in refugee swap debate


By Jeremy Thompson
Updated Thu May 26, 2011 6:35pm AEST
A boat-load of possible asylum seekers is transferred to Christmas Island
Amnesty International says 6,000 detainees in Malaysia are subjected to horrific canings each year. (User Submitted: Michael Neist, file photo)
The Federal Government is facing more criticism of its Malaysian asylum seeker swap deal, with Opposition, Greens and independent MPs questioning Malaysia's human rights record.
A press report today quotes Amnesty International saying 6,000 detainees in Malaysia each year suffer the rattan cane, which "shreds the victim's naked skin and turns tissue into pulp".
Opposition immigration spokesman Scott Morrison says Immigration Minister Chris Bowen cannot give a rock-solid undertaking that 800 asylum seekers Australia plans to send to Malaysia will not be caned.
"I would have thought this is a fairly fundamental, basic check-off in terms of the human rights issues that will need to be squared away if you were going to conclude this sort of deal," Mr Morrison said.
Liberal Senator Eric Abetz says the Government should restore the so-called Pacific Solution.
"If you have offended against the law of Nauru or Malaysia, where would you prefer to be? It's quite clear the Howard government's Nauruan solution, the Pacific solution, worked, and what's more, was more humane," Senator Abetz said.
"All the people we sent to Nauru, none of them were submitted to caning."
Greens MP Adam Bandt says sending asylum seekers to a country that has not agreed to abide by international law is not something his party can support.
And independent Senator Nick Xenophon says he cannot understand why the Government will not send asylum seekers to Nauru because it has not signed the UN Refugee Convention, but will send them to Malaysia which is not a signatory either.
He says Malaysia has a history in relation to human rights issues that is "less than exemplary".
"I think the Government needs to get assurances, because it's not going to be a good look that we send people who have sought asylum back to a country where they are subject to inhumane punishment," Senator Xenophon said.
Mr Bowen has released a statement saying no transferred asylum seekers will be caned.
"Malaysia has agreed to treat any asylum seekers transferred from Australia in line with their human rights - they will not be caned," he said.
Mr Bowen has said both the United Nations High Commissioner for Refugees and the International Organisation for Migration will oversee and monitor the program.
This week UN Human Rights Commissioner Navi Pillay said she was critical of assurances given by Mr Bowen that Malaysia would give a written undertaking on the human rights of 800 boat arrivals sent there.
She says such written deals are no protection if the recipient country had not ratified the torture and refugee conventions.
Foreign Affairs Minister Kevin Rudd has defended the deal with Malaysia and says other key figures have endorsed the arrangement.
"The UN High Commissioner for Refugees has provided his support for this arrangement, the International Office of Migration has provided their support for this arrangement," Mr Rudd said.
"Those individuals are entirely literate concerning the provisions that should be applied to anyone who's being analysed for asylum purposes."
He says the key test is how people are treated and the Government takes its obligations seriously.
"The key thing is we're taking kids out of mandatory detention, we are making sure that processing times are accelerated so that once basic checks are undertaken there is a way through this," he said.
"We are also making sure there are proper and humane conditions."

Refugees in Malaysia Seminar

Do you know some children are not qualified to go to school?
 Do you know there is a group of people live in fear and keep on running all the time?
 Do you know some people receive very low wages despite working for more than 12 hours?
 Have you ever realized these groups of people living nearby to us?   
 ---The Refugees---
 Or you often not too sure of who are migrants or who are refugees?

Willing to know them more? Willing to offer your help? Wait NO MORE! Come and join our seminar by register yourself today.

Date:  18 June 2011 (Saturday)
Time: 8.30am-1.30pm
Venue:  Bayveiw Hotel, Penang Island

FREE registration! Limited seats! Please register as soon as possible. 
 Objectives:
1.    To raise the participants’ awareness and concern about refugees issue.
2.    To eliminate discrimination against refugees among the participants.
3.    To understand the role played by UNHCR and NGOs in Malaysia on refugees’ issues.
4.    To learn the basic rope to setting up services to refugees.
5.    To get volunteers to help out in refugee issue.
Programmes’ schedule:

No.
Time
Session
Description
Speaker
Duration of time
1.     
0830-0900
Registration
*      Registration of participants


30 mins
2.     
0900-0915
Ice creaking and expectation check
*      Get the participants to know each other
*      Knowing the participants expectation on the workshop

Hui Fei (SUARAM)
15 mins
3.     
0915-1000
Understand Refugee and role of UNHCR
*      Who are refugees?
*      misunderstanding between migrant workers and refugees
*      where do they come from (Malaysia context)
*      Role of UNHCR

Speaker from UNHCR
45 mins
4.     
1000-1030
Coffee break


30 mins
5.     
1030-1115
Movie sharing
Screening of “Running”
*      Understand refugees’ situation in Malaysia

Hui Fei/Que Lin (SUARAM)
45 mins
6.     
1115-1200
Role played by other refugee NGOs in Malaysia
*      Role of JUMP
*      Other NGOs in Penang
*      Any other available international organizations or donors

James (JUMP)
45 mins
7.     
1200-1230
Lunch


30 mins
8.     
1230-1315
Experience sharing
*      How to help refugees who encounter the below problem
o   Registration
o   Violence
o   Employment
o   Sexual abuse
o   Detention
o   Medical care
o   Education
o   Others

Joachim (POHD)
45 mins
9.     
1315-1330
Wrap up
*      Summaries the program of whole morning





Please contact Lee Hui Fei via email: leehuifei@gmail.com or 016-4422423 or Ong Jing Cheng 012-7583779 for further information. Please register yourself before 10th July 2011. Thank you.