Australian Catholic Migrant and Refugee Office

Journeys' End

Australian Catholic Migrant and Refugee Office
(ACMRO)

2nd Edition 2000

Editorial

Over the last few weeks, Australia's detention of asylum seekers, especially of children, has made news headlines. Against this background, I draw attention to the Jubilee Charter of Rights of Displaced People which was released in Rome on 1st June 2000 at the time of the Jubilee celebration for Migrants and Refugees. The Jubilee Charter reflects already existing international covenants and law which are unfortunately often ignored or denied.
Among the 16 rights of displaced people which are listed in the Charter, the following six, which relate to asylum seekers, are particularly relevant to the situation in Australia today:

the right to be heard by a competent and well disposed authority and not to undergo detention while the request for asylum is being considered;
the right to live in dignity and to receive the help necessary while the asylum application is being considered;
the right to have a dignified life in the country of asylum for as long as the conditions of insecurity in the
country of origin last through active participation in the social and productive life of the host country;
the right of separated families to know as soon as possible where their lost relatives are and to get into contact with them as well as to be reunited as soon as possible and to be protected as the fundamental nucleus of society;
the right of minors and the elderly to a special protection that takes account of their situation of greater physical, economic and psychological vulnerability;
the right of children and of adolescents to education, medical care and a secure environment where they can creatively develop their energies and potentials.

The Australian Catholic Migrant and Refugee Office (ACMRO) congratulates the Minister for Immigration and Multicultural Affairs for his decision to establish an investigation into recent allegations where some of the above rights, particularly those concerning children and minors, may not have been observed. However, we submit that, in order to ensure on-going appropriate treatment of asylum seekers in detention, and in order to satisfy public unrest and opinion, a permanent body, involving appropriate Governmental and non-Governmental representatives, should be established to monitor detention policy and practice in an on-going way.

Most people would agree, I believe, that there is a need to have centres where people who arrive in Australia irregularly can be received and have their cases processed in an orderly way and as quickly as possible. But these centres should be very welcoming. The majority of people who come to them at present have already suffered much and have valid claims on Australia's protection.

In this edition of Journeys End we have provided recent statements from Pope John Paul and from the Vatican's permanent observer at the United Nations on the need for solidarity with refugees. There is also the text of a sermon by Bishop Patrick Dougherty, given on Refugee and Migrant Sunday 2000.

May the peace of Christ be with you for the Christmas season and the New Year.

(Fr) John Murphy
Director

UPDATE/NEWS

Refugee and Migrant Sunday Sermon
On Refugee and Migrant Sunday, 27th August 2000, Bishop Patrick Dougherty, Bishop of Bathurst and Chairman of the Bishops' Committee for Migrants and Refugees, preached in the All Saints' Anglican Cathedral in Bathurst. Refer to page 13 for the full sermon.

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Asylum Seekers and Detention
If you are concerned with the new temporary protection visas for asylum seekers, you can contact the Ecumencial Migration Centre on 03 9416 0044 who are forming a working group to research refugee issues.

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East Timorese Asylum Seekers
Still under consideration. The situation of uncertainty remains the same for the 1600 plus East Timorese who are waiting to see whether they can remain in Australia. Most of them have been in Australia since 1994.

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Kosovar Refugees
Of the 4,000 Kosovars who were given temporary safe haven visas in Australia, 12 were deported. The remaining 17 Kosovar Albanian refugees held in detention at Port Hedland were given permission to apply for protection visas along with 129 other Kosovars. In addition, 154 Kosovars were allowed to stay in Australia on three year-visas for medical reasons.

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Monsignor George Crennan's 100th Birthday
A Mass and Supper to celebrate Monsignor Crennan's 100th Birthday was held at the Sacred Heart Convent, Rose Bay, Sydney, on Friday October 27th. Cardinal Clancy was the principal celebrant of Mass, and Bishops Dougherty, Brennan and Ingham and a number of priests concelebrated. A Blessing was received from Pope John Paul, along with tributes from the Apostolic Nuncio, the Queen, the Governor General, the Prime Minister, the Leader of the Federal Opposition and many others.

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UN International Migrant's Day
December 18 has been designated International Migrant's Day. The UN has invited UN member states, intergovernmental and non-governmental organisations to observe this day by disseminating information on human rights and fundamental freedoms of migrants, sharing experiences, and undertaking action to ensure the protection of migrants.

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UNITED NATIONS HIGH COMMISSION FOR REFUGEES (UNHCR)
The UNHCR was established by the United Nations General Assembly in December 1951, with a staff of just 33 people and a budget of $300,000.
Initially it was given a three-year mandate to resettle one million post-World War II refugees.
Fifty years on, it has 5,000 staff members caring for 22.3million refugees on an annual budget of $US1 billion (nearly $2bn Australian).
The current High Commissioner for Refugees, Sadako Ogata of Japan, retires at the end of this year after 10 years in the post. She will be replaced by former Dutch Prime Minister Ruud Lubbers.
Source: DIMA Staff News, Issue No. 1,014, 24 November 2000

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Human Rights Commissioner
Dr Sev Ozdowski AM replaces Mr Chris Sidoti as the Human Rights Commissioner in December 2000. Dr Ozdowski will also act as the Disability Discrimination Commissioner. Dr Ozdowski is an eminent sociologist and has experience in race relations, multicultural affairs, human rights law, community relations and education.

Events/Activities

Refugee Week 7 - 15 October 2000
Last years theme of "clearing a safe path" was adopted again for this year and was celebrated from 7 - 15 October 2000. Congratulations to Sr Lorraine Phelan for suggesting and organising a debate on the theme 'Australia should have a higher quota of refugees'. The Debating Team at Merici College Canberra presented an excellent case both for and against and the students should also be congratulated for their research and well thought out ideas.

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International Summer School in forced migration 2-20 July 2001 : Refugee Studies Centre, University of Oxford
A three-week residential course is being offered at the University of Oxford for those who wish to analyse, understand and improve their practical knowledge of forced migration. For application information the email contact is summer.school@quh.ox.ac.uk or telephone +44 1865 270723 or fax on +44 1865 270721.

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Caritas Volunteers - Honoured
Archbishop Carroll, President of the Australian Catholic Bishops Conference presented the Humanitarian Overseas Service Medal (HOSM) to fourteen Caritas Australian volunteers in recognition of their humanitarian assistance to the people of East Timor amidst intensely difficult and dangerous conditions during 1999.

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Companion House
The Torture Trauma and Network Service ACT, formerly TRANSACT, has changed it's name in order to prevent possible confusion with TransACT Communications. The new name is "Companion House" and was formally announced on 1 November 2000 by the Deputy Chief Minister for Canberra and Minister for Urban Services, Brendan Smyth (MLA) at the new location of 41 Fairfax Street, O'Connor. The new telephone number is 6247 7227.

IMMIGRATION NEWS

Detention
Minister Ruddock has announced the terms of reference and assistance for those who have information to assist the Flood Inquiry.
The terms of reference include:

The assistance scheme will cover the costs of:

Providing access to a lawyer to assist the person to articulate their claims in relation to the matters covered by the Inquiry's Terms of Reference - both orally and in writing
Advise on the person's rights and obligations with respect to the Inquiry
Assist the person at any interview with Mr Flood
Assist the person to make oral submissions at any interview with Mr Flood that is requested by Mr Flood

The scheme is to be administered by the Attorney General's Department and funded by DIMA. The total amount of legal fees is to be capped at $10,000 per person.

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The Commonwealth Ombudsman, will also commence a separate "own-motion inquiry" into all incident reporting at immigration detention centres in addition to the ongoing investigation into the administration of immigration detention centres, which has been under way for some time and is almost complete.
Minister Ruddock has asked Mr Flood to liaise closely with the Ombudsman to ensure that the issues are examined comprehensively. The Inquiry would formally begin on 28 November and was expected to report to Government early in the new year.

Inquiry Into Detention Procedures

Terms of Reference
The Inquiry will investigate, examine and report on:

the processes in place for identifying, dealing with, reporting on and following up allegations, instances, or situations where there is reasonable suspicion, of child abuse in immigration detention centres; and

the manner in which these processes were followed in cases during the past year.
In particular, the Inquiry will:

examine, assess and make findings on all relevant processes and procedures of Department of Immigration and Multicultural Affairs (DIMA) and Australasian Correctional Management (ACM), including incident reporting;
in relation to the case currently under investigation by South Australian Family and Youth Services (FAYS), determine whether all relevant information or documents were provided to the responsible authorities at the appropriate time and, in any instances of failure to follow appropriate procedures, make findings on the reasons;
have access to all DIMA and ACM papers and records relevant to the case; and
be able to interview or seek input from DIMA officers, ACM staff or other persons.

The Inquiry will make recommendations on any area where it believes processes need to be improved.
The Inquiry will be fully independent of DIMA and will report direct to the Minister for Immigration and Multicultural Affairs.
Resources for secretariat and administrative support for the Inquiry will be provided from within the Immigration and Multicultural Affairs portfolio.

USA Asylum-seeker treatment to be examined
The United States Commission on Civil Rights will scrutinise tough immigration laws and their effect on immigrants' civil rights in an effort called "Crossing Borders,'' commission chairwoman Mary Frances Berry said Friday, reports AP. Berry said the commission will visit detention centres, review immigration policies, monitor enforcement and hold hearings for testimony from immigration officials. In particular, she said, the commission will examine the nation's treatment of asylum seekers. "Unfortunately, asylum seekers have not only suffered under an oppressive regime in their native countries, but they may also be subjected to racial, ethnic, religious and gender bias upon their arrival in America,'' Berry said. A panel of advocates told the commission that asylum seekers often are deprived of basic civil rights. They languish in detention centres as they try to work through a difficult bureaucratic application process. They have a right to attorneys but lack money to hire them. Many do not speak English and wade through the process without translators. Or they are held in county jails, sometimes sharing cells with violent criminals, the advocates said.
Source: Refugees Daily 11 December 2000

Migration and Humanitarian Intake for 2001-2002
The consultations for the Migration and Humanitarian Intake for 2001-2002 with peak groups (humanitarian, business, environmental bodies were/will be held by the Minister for Immigration and Multicultural Affairs in Hobart 10 November, Melbourne 22 November, Canberra 13 December, Adelaide Monday 18 December and Darwin Thursday 1 February.

The ACMRO submission on the formulation of the Migration and Humanitarian Programs for 2001-2002 is available from the home page at www.acmro.catholic.org.au

Immigration Detention Centre Guidelines
The former Human Rights Commissioner Chris Sidoti released guidelines to protect the rights of immigration detainees in Australia. The guidelines can be found at www.hreoc.gov.au/human-rights/asylum/

Refugee and Humanitarian Issues
Australia's Response
The Minister for Immigration and Multicultural Affairs launched the latest booklet outlining Australia's response to refugee and humanitarian issues. Of the 5.7million migrants (page 8) that have come to Australia since the end of World War II, almost 600,000 have arrived under humanitarian programs.

Waves of refugees to Australia
170,000 Displaced Persons from Eastern Europe between 1947 and 1954
14,000 White Russians from China between 1947 and 1985
14,000 Hungarians after the 1956 uprising
Almost 6000 Czechs after the Prague uprising of 1968
18,000 Lebanese resettled after the 1974 Civil War
More than 155,000 Vietnamese since 1975
Some 35,000 from the countries of the former Yugoslovia since 1991.

Aged Migrants
Approximately 65,000 aged migrants in Australia will be expected to claim pensions from their country of origin in an effort to reduce welfare payments.

Senate Refugee Inquiry
The Senate Legal and Constitutional References Committee's Inquiry into Australia's refugee and humanitarian determination process resulted in a report from the Senate Committee in mid-2000, entitled "A Sanctuary Under Review". Dr Mary Crock (Lecturer in Law at the University of Sydney) has summarised the report as follows:
· Concern was expressed by the Committee about the benefits relative to the cost of the "Temporary Safe Haven" program established in the course of 1999 and used to bring Kosovars and then East Timorese to Australia.
· The Committee questioned the adequacy of Australia's domestic laws given the non-refoulement obligations Australia has assumed in signing and ratifying international human rights treaties other than the Convention relating to the Status of Refugees. Explicit provision should be made for the protection of non-refugees who would nevertheless face torture or persecution if returned to their country of origin.
· The Committee suggested programs be designed to assist asylum seekers in articulating their claims for protection. In particular it recommended that information about the refugee determination process be provided to new arrivals in relevant languages. The provision of information to persons in detention and to government funded advisors would do much to break the culture of silence and mystery that has prevailed at times in the past. The Committee also recommended that separate funding be provided for translation and interpretation services and medical and psychiatric assessments, rather than requiring service providers to fund these matters within their own budgets.
· The Committee recommended that the Australian Law Reform Commission be asked to undertake a comprehensive study of Australia's refugee determination system to determine why so many failed asylum seekers lodge appeals in the Courts. The Committee was concerned about the current level of unrepresented refugee litigants before the Courts and suggested that any study should include an investigation into the relationship between litigation and the availability of legal aid.
· The Committee made a number of recommendations aimed at improving the quality decision making within the Department. In particular there are recommendations for better resourcing and training of Departmental staff and concern was raised about the practice of deciding the majority of primary applicants on the papers rather than through an interview process.
· Concerns were expressed by the Committee in relation to the Country Information available to decision makers charged with determining refugee claims.
· There were also recommendations made by the Committee in relation to the operation of the Refugee Review Tribunal. For instance it was suggested that members be given specific training in inquisitorial methods, that the tribunal be constituted on occasion as panels of two or three and that serving members of the Departments of Immigration, Foreign Affairs and Attorney General be excluded from appointment to the Refugee Review Tribunal. These suggestions may result in mechanisms that open up the tribunal's process as far as this is possible, given the need to maintain the confidentiality of refugee claims. It was also suggested that the government explore the possibility of transforming the refugee review process, from an administrative into a judicial determination system.
· The Committee was reluctant to endorse any further restriction of the judiciary's involvement in the refugee determination process.
· Concerns were expressed by the Committee about the operation of the non-compellable, non reviewable Ministerial discretion contained in s 417 of the Migration Act 1958 (Cth). This is designed to act as a safety net for persons who fail to meet the test for refugee status but who have valid humanitarian claim for protection. Recommendations were made regarding the articulation of guidelines and it was the Committee's view that the discretionary mechanism be improved and that consideration be given to supplementing the scheme with a formal alternative visa status for persons with humanitarian protection claims.
· Recommendations were made in relation to the treatment of pregnant women who are subject to removal from Australia as unlawful non-citizens. The Committee found that the fate of the Chinese woman and her unborn child is abhorrent and that the episode represents a serious stain on Australia's reputation as a humane and caring nation.
· Finally, the Committee recommended that an inquiry be instituted into the use of chemical restraints or sedations on persons in detention or in the removal process.
There are a number of areas where it would have been preferential to see immediate change or stronger recommendations from the Committeeerred. An example in point is the administration of the Immigration Advice and Assistance Scheme by DIMA. The provision of truly independent assistance is compromised by allowing the body responsible for refugee decision making to govern the funding of advisors. This is most particularly the case where advisors are chosen by a tender system and where the Department allocates the cases to the advisors. It is a matter of some disappointment that the Committee did not simply recommend a return to the traditional arrangements whereby all legal aid is the province of the Attorney General's Department.

Such matters aside, however, there is much in the report that is worthy of support and careful consideration. The Senate Committee is to be commended on the production of a report that is balanced, solid in its analysis of a complex area of law and policy and sensible in its recommendations. The report is available at www.aph.gov.au/senate/committee/legcon_ctte/refugees/index.htm

Source: Refugee Council of Australia, Newsletter , July 2000

Joint NGO Media Release 22 November 2000

NGO Coalition warns Australia is failing asylum-seeker children
(ACMRO was a member of the Coalition)

Children's rights groups, refugee advocates, and churches have joined together to respond with outrage to the media reports of sexual assault of a child in Woomera detention centre reported in The Australian today.

A coalition of NGOs support the Minister's announcement of an inquiry into this incident but still seek a wider inquiry into detention conditions overall, and has sent the Minister for Immigration and Multicultural Affairs an open letter about their continuing concerns for children in detention. These concerns include:
· the manner in which the DIMA dealt with allegations of abuse in Woomera
· the claims made that Australasian Correctional Management (ACM) attempted to suppress allegations of abuse; and
· the lack of people employed by ACM qualified to work with children.

"It is clear that we are failing to protect the rights and well-being of asylum-seeker children in Australia." says Louis Schetzer, Director & Principal Solicitor of the National Children's & Youth Law Centre.

"More than half the world's refugees are children. Yet when asylum-seeker children arrive in Australia without proper papers, we mandatorily detain them in isolated detention centres run by a private prison company. Woomera is the 21st century equivalent of throwing people into a prison hulk."

"The recent allegations show that there needs to be more transparency about detention, and better access to detention centres by community groups of all kinds, particularly in isolated places like Woomera." says Eileen Pittaway, Director of the Centre for Refugee Research at UNSW and an ANCORW board member.

"The best way to protect asylum-seeker children is to not detain them and their families at all." says Danny Sandor of Defence for Children International "If the government will not change that policy, the very least required of Australia under the Convention of the Rights of the Child is to make sure children are only in detention as a "measure of last resort" and for the shortest possible period of time (article 37(b), and that children in detention are treated in "a manner that takes into account the needs of a person of his or her age" (article 37(c)), and periodic review (article 25)."

Archbishop Ian George, Chair of the Christian World Service Commission of the National Council of Churches in Australia stated "One compromise solution put up by the churches could be to put all families with young children in one urban-based reception centre, fast-track their applications for refugee status, and make sure that centre has proper services and facilities to meet early childhood needs and offers proper protection."

The NGO coalition welcomes statements made by Acting Shadow Minister for Immigration, Duncan Kerr who expressed "deep concern" about "media reports that children as young as three years may have been hand and leg cuffed while others were the victims of sexual and other abuse while in migration detention facilities". Democrat spokesperson Andrew Bartlett has also voiced strong concerns.

The protection of children at risk is a community responsibility, regardless of citizenship.

Supported by:
Asian Women's Human Rights Council
Amnesty International
Australian National Committee of Refugee Women
Australian Catholic Migrant & Refugee Office
Christian World Service, National Council of Churches in Australia
Defence for Children International
National Children's & Youth Law Centre
Pax Christi International (NSW)
Refugee Council of Australia
The Centre for Refugee Research, UNSW
Uniting Church in Australia - National Assembly

Contact: Eileen Pittaway, ANCORW & Centre for Refugee Research, UNSW - 0418 462422

Open letter to the Minister for Immigration and Multicultural Affairs, 22 November 2000
Children in Immigration Detention

Dear Minister

We the undersigned NGOs, community and church groups wish to express our concern about the allegations of sexual and physical abuse of young children in immigration detention. A number of us have previously raised such concerns with you on other occasions. Had such concerns been properly addressed, and the recommendations of the HREOC Report "Those Who Come Across the Seas" fully implemented, the events of the last month may have been avoided. The issue now calls for a full and independent Parliamentary inquiry.

The recent events have shown several reforms need to be made to the treatment of children in detention. ACM is a private company with experience in running prisons and may not have the training and sensitivity required to meet the needs of children. There needs to be a full resource of qualified staff in detention with early childhood experience. These staff also need to be able to deal with children's needs as they would in the ordinary Australian community, for example, by contacting police if need be without fear of intimidation from ACM or being fired. There needs to be a protocol on how to handle complaints or suspicions of assault against children, which is transparent and subject to community consultation from childcare experts.

It is important the federal government take immediate action, especially given the recent criticisms by the UN Committee against Torture which further highlight the problems in Australia's refugee and incarceration systems.

It was reported on ABC news last week that when asked about the Woomera sexual assault allegations at a consultation you responded that your department knew about them in April, that they were being fully investigated, but that you were "reluctant to believe them" as they are part of a separate campaign.

"I think there is a broader agenda to dismantle the mandatory detention regime because the people involved believe intrinsically that people should not be held if they turn up unlawfully, they should be released into the community," you reportedly said

In this context, those remarks are quite disturbing. Most children's rights advocates would no doubt prefer children to be in the community with their parents as opposed to detention, as the potential for protection of their rights is obviously greater, and psychological studies show the experience of prolonged detention exacerbates trauma symptoms. However, the link between the campaign for alternatives to detention and the veracity of the Woomera allegations is not at all clear, and potentially misleading to the public. Be assured our motive is humanitarian, not political, particularly considering detention is a bipartisan policy.

Regardless of whether the policy of mandatory detention is changed, Australia must meet its obligations towards children under the Convention on the Rights of the Child. If this means that families with young children should be placed in one urban-based detention centre where the special needs of children can be catered for without need for a high security environment, that may be one solution. We would especially support children in detention being allowed to go to outside for schooling and excursions.

We would support the model proposed to you by Defence for Children International in a letter dated 27 June 2000. Concern for the welfare of children unites all Australians and it is in the public interest for an independent review/monitoring process to be established. This would reassure Australians that children in detention centres were being properly cared for and provide the Government with immediate feedback on any emerging problems. A review panel(s) is one approach. Such a panel(s) would include a representative from the local statutory child welfare authority; a person knowledgeable in child mental health; a person with the appropriate cultural knowledge; a representative from a respected children's agency such as UNICEF; a representative from a refugee advocacy body and an Immigration representative.

In addition, we would ask you to seriously consider that a designated representative be appointed to act for every child refugee claimant, accompanied or not, as occurs in Canada. The representative would be required to act in "loco parentis" in the absence of a traditional caregiver, bridging the gap between the substantive legal considerations and the child's care and well-being.

The above steps, if implemented, would be consistent with the Government's obligations under the UN Convention on the Rights of the Child to which you are committed.

We appreciate the current efforts of the Department to fast-track cases involving children.

We would be happy to consult with you and the department about how constructive solutions to the ongoing issue of the protection of children might be achieved.

Yours sincerely

Asian Women's Human Rights Council
Amnesty International
Australian National Committee of Refugee Women
Australian Catholic Migrant & Refugee Office
Christian World Service, National Council of Churches in Australia
Defence for Children International
National Children's & Youth Law Centre
Pax Christi International (NSW)
Refugee Council of Australia
The Centre for Refugee Research, UNSW
Uniting Church in Australia - National Assembly

Multicultural Conference 2000
In 1999, an organising Committee was established which consisted of personnel from the Australian Catholic Social Justice Council (ACSJC), ACMRO, and ACMRO's Canberra Consultative Advisory Group. Coordinators of the organising Committee were Felicity Donnelly (ACMRO) and Sandie Cornish (ACSJC). Other Committee members were Fr John (ACMRO); Ann-Mari Jordens (ACMRO Consultative Advisory Member) and Sr Pauline Rae RSM, Columban Centre for Christian Muslim Relations.

The Committee decided that the theme for the conference would be "Building Bridges: communities of faith working together in Multicultural Australia".

The conference was open to all members of the community and representation from inter-faith groups was encouraged. The aim was to build harmonious interaction in a truly multicultural society.

There were approximately 150 participants who welcomed the opportunity to have an interfaith conference to discuss relevant and topical issues. The speakers and workshop facilitators were excellent and well experienced.

Media coverage was good for the opening speaker on Saturday, Mr Neville Roach, Chairman of the Council for Multicultural Australia. Mr Roach challenged Church leaders to be more vocal, more often on multicultural issues. He also highlighted that many areas needed to be challenged including: religious tolerance; gender inequality; Employment Agency contracts; Ignorance of the Islamic religion; and Reconciliation.

The Minister for Immigration and Multicultural Affairs attended the Conference on Saturday afternoon. He spoke of the importance of maintaining integrity within the humanitarian program and defended detention methods and changes to visas for on-shore humanitarian entrants. He also spoke about people smuggling.

The Conference papers are available at the ACMRO home page at www.acmro.catholic.org.au

A review of the Conference to consider how to maintain and improve networks with interfaith groups from the conference will be organised by ACMRO early in 2001.

The conference was deemed by all who attended to be relevant, successful and innovative in approaching communities of faith working together in multicultural Australia to address racism, economic disadvantage, and other social justice issues.

Background Information

The following article was published in the Newsletter for the Centre for Multicultural Pastoral Care, Brisbance. Vol. 3, Issue 7, Sept/Oct. 2000

Who are the Taliban? (Afghanistan)
The origins of the Taliban lies in the organization of a group of Islamic militants against the Russian invasion of Afghanistan and a Jihad (holy war) against the Russian army. Having the goal to drive the Russians out of Afghanistan, a coalition of Islamic forces called the Mujahideen were formed. Armed resistance was entered into for 14 years and the Mujahideen conducted holy wars against not only the Russian army but against Afghani people who did not agree with them. Taliban was formed by those who are Islamic holy war soldiers, emerging as a strong force in the mid 1990s.
The Taliban leadership mainly comes from Kahdaharis and Pashtoons. The leadership is often accused of favouring only the Pashtoons and discriminating against other groups such as the Uzbecks, Jajiks, Panjsheri, Hazara and Persians.
The Taliban are trained in special schools called the Deen Madaris or Madaris-e-Islamiyya (Islamic Schools). Many of the Taliban had gone to Pakistan as refugees where they received religious education. They are specially trained in Islamic jurisprudence, Sharia'ah (Islamic Law). Upon the expulsion of the Russian army, the Taliban sought to gain supremacy over the other groups within the Mujahideen and have fought them in civil war. It has managed to gain control over large numbers of provinces within the country and captured the capital, Kabul.
Taliban sees itself as a movement and has the goal of carrying out an Islamic revolution and the implementation of the Sharee'ah. They have established a government infrastructure that controls society and morality. The Department of Amar-bill-Mar'roof Wa Naih Anil-Munkar (enjoying good and forbidding evil) strictly regulates all aspects of social life including the media. Some of the key forms of social regulation that have been introduced are a ban on wine and TV; restriction of the media, music and songs, photography or painting of living things or adopting English hair styles, gambling; betting, or immoral forms of dress; enforced shaving off of beards and wearing of the purdah; the banning of women from work and education; public executions : Source Taliban homepage: www.afghan-ie.com

Amnesty international, the UN Commission on Human Rights and other International agencies have highlighted the human rights abuses in Afghanistan since the Taliban rule and have condemned abuses against women and girls, non-Pashtoon minorities and people who objected to this form of Islam.
Although Taliban has denied it, there have been claims that the Taliban receives support and funding from Pakistan and Saudi Arabia. There has also been a number of reports on Taliban sales of opium to the West as a way to finance the ongoing fighting.

Jubilee Charter of Rights of Displaced People

Jubilee for Refugees
Oratorio di San Francisco del Caravita, Rome, 1st June

The Charter was produced by a working group that helped prepare the Jubilee for Refugees, whose members were representatives of Migrantes (Italian Episcopal Conference), the Jesuit Refugee Service, the Italian Council for Refugees (CIR), the United Nations High Commission for Refugees, and the Refugee Section of the Pontifical Council. For Migrants and Itinerant People. As such it is not an official document of the Pontifical Council but represents a consensus of various organizations on the most important rights of refugees, which are already recognized in various instruments of international law but which need to be emphasized in our actual historical moment.

We refugees, displaced people, asylum seekers, pastoral and humanitarian agents, representatives of governments and international organizations, gathered in Rome for the celebration of the Great Jubilee of Migrants and Itinerant People;

affirming the importance of the international instruments on human rights and on the status of refugees and victims of war and generalized violence;

appealing for the formulation of similar international instruments for sustaining people displaced within their own country;

encouraged by the celebration of the Jubilee of Refugees and Displaced People and by the document of the Holy See, Refugees: A Challenge to Solidarity;

convinced of what this document affirms, namely, that ...Protection is not a simple concession made to the refugee: his is not an object of assistance, but rather a subject of rights and duties. Each country has the responsibility to respect the rights of refugees and assure that they are respected as much as the rights of its own citizens....(n.11); furthermore convinced that protection does not consist in being limited to furnish minimum forms of survival but in assuring a social and cultural environment that respects the dignity and the liberty of the human person as expressed in international instruments, among which is the Geneva Convention of 1951.

We present this JUBILEE CHARTER OF THE RIGHTS OF DISPLACED PEOPLE, with which, on the basis of our religious faith and our humanitarian principles, their rights are reaffirmed, among which are the following:

· the right to not be turned back at the borders of the country where they seek protection and to receive a fair and prompt response to the request to be recognized as refugees and obtain asylum;

· the right to be heard by a competent and well disposed authority and not to undergo detention while the request for asylum is being considered;

· the right of confidentiality of the information supplied;

· the right to live in dignity and to receive the help necessary while the asylum application is being considered;

· the right to appeal a negative decision on the recognition of refugee status and, during recourse, to reside in the territory of the country of asylum;

· the right of the poorest nations - on whom lies the burden for the welcome of most of the world's refugees - to be supported by wealthier countries in their efforts to fulfill the commitments made with their adhesion to the international conventions on refugees;

· the right to have a dignified life in the country of asylum for as long as the conditions of insecurity in the country of origin last through active participation in the social and productive life of the host country;

· the rights of liberty of thought, conscience and religion, the freedom to give and receive related religious instruction and assistance, thus including access of ministers of respective faiths to refugees of their own faith;

· the right of separated families to know as soon as possible where their lost relatives are and to get into contact with them as well as to be reunited as soon as possible and protected as the fundamental nucleus of society;

· the right of refugee women to receive special attention that guarantees them protection from any form of violence, the protection of motherhood, access to income and whatever else they need in consideration of their vulnerability and of the role that they play within the family and the community;

· the right of minors and the elderly to a special protection that takes account of their situation of greater physical, economic and psychological vulnerability;

· the right of refugees to a dignified and secure return to their homeland, together with the commitment of the international community to promote respect for fundamental human rights in their country of origin and the solution of the political, social, religious and environmental questions that impede return;

· the right of internally displaced people - of whom there are tens of millions - to be protected in their basic human rights and to return in security to their own lands and homes;

· the right of stateless persons to a homeland and to a rapid and just definition of their situation;

· the right to correct and objective information provided by the media that avoids unjust criminalizing about the events and situation in both the country of arrival and in those of origin.

The CHARTER does not pretend to be exhaustive but intends to present to the world the most important challenges that have to be faced at the beginning of the Third Millennium for the protection and well-being of over 50 million people forced to live outside their homelands or habitual place of residence.

We hope that the International Community will also commit itself to put an end to those activities that by their nature produce crises of refugees.

We ask that this CHAPTER be diffused in all the world and find its practical realization with the help and support of all men of good will - political, humanitarian and religious - who feel themselves called to heal this ...shameful wound of our time....(John Paul II, 25 June 1982).

Rome, 1 June 2000

Vatican wants wealthy nations to welcome refugees

The Holy See has called for international efforts to help the world's refugee population, now estimated at 23 million.
The Vatican's permanent observer at the United Nations, Archbishop Renato Martino, called the refugee problem one of the most critical faced by the world. He made his appeal in address to the UN General Assembly.
Acknowledging the 'steady success' of the work of the UN High Commissioner for Refugees, the Archbishop noted 'there continue to be situations where people are forced from their homes'. He said that the refugees situation remains one of the 'great tragedies of our times'.
He quoted data from a UNHCR Report on refugees, saying their number has increased worldwide to 22.3 million, of whom 11.6 million are refugees and 4 million are internally displaced people. He said that from 50 to 70% are children, and "some of them have lived their entire life in a refugee camp".
Archbishop Martino said that the Vatican "encourages the development of a clearer system of responsibility for internally displaced persons and welcomes the work of the upcoming World Conference Against Racism, Racial Discrimination, Xenophobia and Related Tolerance".
He pointed out the critical need to support the unity of refugee families, as "experience has shown that family unit has a better chance of reintegrating in their home or integrating in a new country".

Pope Calls for Solidarity with Refugees

The Pope appealed to the international community to address the plight of the world's refugees when noting the current celebrations marking the 50th anniversary of the UN High Commission for Refugees (UNHCR).
"It is an important date for many, who, forced to flee from their own countries because of war and persecution, have found in this program protection and assistance in every continent", the Pope said.
The Holy Father rendered homage to all the disinherited who, thanks to this agency of the international community have found protection and assistance, and he also praised the women and men who have offered their "time, intelligence and generous willingness even beyond their professional duties".
The Pope said they must be thanked for their work, by guaranteeing them "protection and supporting their humanitarian work with the necessary financial contribution" and " it is possible to find solutions in international solidarity and political dialogue, so that the acceptance of refugees will not be too heavy for some countries, and so that they will find in public structures and institutions a defense of their fundamental right and liberties".

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Australian Catholic Bishops' Conference (ACBC)
Labour Agreement to bring Priests, Religious, and Lay Pastoral Workers to Australia

In the 12-month period (1 August 1999 to 31 July 2000) 147 nominations were approved, and 104 nominees arrived in Australia to take up positions as Priests, Religious, and Lay Pastoral Workers. Of the 104, 27 were Diocesan Priests; 21 Religious Priests; 2 Deacons; 41 Sisters; 8 Brothers and 5 Lay Pastoral Workers. 41 were granted Permanent entry and 63 Temporary entry visas. The State distribution consisted of: Victoria - 30; NSW - 37; WA - 25; Queensland - 2; South Australia - 2; Tasmania - 1; ACT - 3; and The Northern Territory - 4.

The first Labour Agreement was for the 3-year period (September 1997 to September 2000). A new 3-year agreement (until September 2003) has been made between the ACBC and DIMA.

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Refugee and Migrant Sunday
Refugee and Migrant Sunday was celebrated by most dioceses on Sunday 27 August 2000. The winner of this year's poster competition was a year-10 student, Lyn Ha, from Daramalan College, Dickson, ACT. Her poster was entitled "Welcome Refugees". In 2001, Refugee and Migrant Sunday will be observed on 26th August. The theme will be "Give peace a hand".

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International Meetings attended by Fr. Murphy
Mexico City (16 to 20 September):

Four meetings were held in Mexico City, conducted by the Pontifical Council for Migrants and Itinerant People (on the Pastoral Care of migrants and refugees in the Americas - North, South, and Central America, and Canada) and by the International Catholic Migration Commission (migration issues and responses in the Americas in the light of the post Synodal document Ecclesia in America - The Church in America). ICMC also held Council and Governing Committee meetings, on the agenda of which were future directions for ICMC and the 50th anniversary celebrations in New York in September 2001. Fr. Murphy is a member of the Council and Governing Committee.

Rome (10 - 12 October):

This was a World Meeting of National Directors for the Pastoral Care of Migrants and Refugees conducted by the Pontifical Council for Migrants and Itinerant People. The World Meeting followed regional meetings in 1999/2000, concluding with the Americas meeting in Mexico City in September. Many issues were discussed and resolutions made about the Pastoral Care of Migrants, Refugees and Itinerant People.

(Text of the Address given by Bishop P. Dougherty, Roman Catholic Bishop of Bathurst, at the Refugee Service held in the Anglican Cathedral, All Saints, Bathurst, on Sunday 27th August 2000).

We are commemorating, this year, the 2000th anniversary of the beginning of Jesus Christ's mission on earth.
Unique and dramatic the moment when the Eternal Son of God became incarnate. But how gentle and undramatic the manner! How quietly and unobtrusively He "pitched His tent among our tents" (John 1, 14)!
In the light of hindsight we may tend to smile a knowing smile when we read one part of the Gospel story of the Magi. They reached the city of Jerusalem: they thought that their long journey to Jesus had rather reached a magnificent conclusion when they saw the regal palace and knocked on King Herod's door (c.fr Mt 2, 1-7).
But human logic as to where the Great One would be found - in the metropolis, in a palace - had to give way to the mystery-filled Divine Logic. The Magi were surprised, perhaps initially disappointed and humbled, to learn that they had to journey on... to a village... to find the dwelling of the world's Saviour. But it was then that they understood, and welcomed, and found ineffable peace and joy in, the pattern of Divine Logic (c.fr Mt 2, 9-11).
For the world's Redeemer had chosen to be found, "from day one", amongst the marginalised.

And so a village, Bethlehem. And so Mary the teenager of low estate (Lk. 1, 48) and from a despised town (Jn 1, 46): and Joseph, now temporarily unemployed (c.fr Lk. 2, 4): and to both of them and the unborn Infant, even little Bethlehem's homes and hotel, indeed the Chosen People's extraordinary commitment to hospitality, would offer a "no room" sign (c.fr Lk. 2, 7)... forcing them to the isolated poverty of a stable-cave for a home, with an animal's feed-bin for the newly-born Jesus's dwelling (Lk. 2, 7-12-16), and outcasts - the shepherds - as the privileged first visitors to Jesus Christ and first announcers of Jesus Christ.
No sooner had the little family progressed - eventually - to being granted use of house-accommodation (Mt. 2,11) and to some poor normality of living, than the crazily ambitious Herod, disdainful of human life and human rights generally, was intent on eliminating the infant Jesus... and Mary and Joseph, treasuring Jesus, were forced into exile, from Bethlehem to Gaza, and further into Egypt.

The Gospel presentation of the Holy Family as a refugee family and of Jesus Christ as a refugee before He was two years old is before us, so clearly, as we tonight participate in our Refugee Sunday service.

But St Matthew's account does not end with Herod, or with Egypt. The Evangelist continues, to drive the message home.
Herod's death signalled a new freedom for Jesus, Mary and Joseph - the chance to return to their homeland... but not to return home! For, on Herod's death, his kingdom was divided amongst three of his sons: and the one - Archelaus by name - in whose assigned territory Bethlehem was, was dictatorial and brutal, as evil as, and even more hated than had been, his father. So the family of Jesus could not return to that "State" - Judaea - but had to divert to another - Galilee - and ended up in the Galileean town of Nazareth (c.fr Mt. 2, 19-23).

As refugees they had fled - to Egypt first, and then to Nazareth - not from justice, but in a quest for justice
It is remarkable that Egypt emerges, in these Gospel texts, as a place of refuge, of welcome, of trust.

Egypt had for long a "bad press" among God's Chosen People. And yet, it had become "the standard place of refuge for those fleeing the tyranny of kings in Palestine" (Raymond E. Brown, The Birth of the Messiah, p. 228).

Jesus Christ, referred to as a participant in the centuries-long procession of refugees from Palestine, has blessed forever the memory of Egypt's hospitality, and has given the seal of God's praise and gratitude to every nation which, throughout history, would grant asylum to people from other nations who would henceforth be forced to flee from unjust death, persecution, oppression.

Two thousand years later, the human family is still not without its Herods and Archilauses... nor without its numerous refugees who have to flee their homelands in search of justice, and have no option but to hope that they may be granted asylum, even welcome, elsewhere.
It is most edifying that our homeland, Australia, has welcomed many, not only tourists, nor only immigrants who have been pressed by their circumstances to seek, or who freely have chosen to seek to begin here a new life, but refugees who, because of their dire and often irreversible situation, must be even higher in our priorities of justice, compassion, and generous charity.

Particularly the last half-century's effort by the Australian community has given Australia a well-deserved high place among the nations as a country of welcome to migrants and of welcoming asylum to numerous refugees.

It is up to us, to all Australian citizens and residents, not only to preserve and promote Australia's good name, but to ensure that the foundations for that good name are made ever stronger.

Our national community, and our leaders, have before us the challenge to be vigilant lest there be any insufficiency in, any erosion of, our extending a fraternal welcome, or our standards of justice, or our tradition of compassion.

Is any such insufficiency, any erosion, happening today?

Sad to say, there are, at this very moment, signs of it: indeed, signs that we may be failing to grasp, with regard to refugees (for we are concentrating on them at this Service), the "objective" basis (what a refugee is), and to cope with the "subjective" situation (the despair, the deprivation, the wounds, the hurt - what a refugee feels and what a refugee desperately needs).

Current Governmental policy is not without its worrying elements.

It is sad to see the nation's refugee/humanitarian settlement policies confined strictly to a number which appears to be so coldly fixed - 12,000 persons per year, of which 8,000 are to be persons who make application from outside Australia, and 4,000 persons who make application from within Australia.
The immensity of the world's refugee problem, the potential of underpopulated Australia to welcome its fair share of refugees, and the proverbially generous heart of Australian's "fair go" commitment, would call for, at least, greater elasticity.

It is sad to see, in a nation so renowned for - and proud of - its efficiency, the length of time, and in detention, so many asylum seekers have to wait before their respective "cases" are finalised. Agitation amongst them, the recent break-outs, the more recent "fast" at Villawood, are signs that all is not well.
The "trigger" that has set off a current quasi-crisis - which please God is not destined to become something more turbulent and frightening than a God-given gentle cross-roads - has been associated with, highlighted by, the so-called "boat people", arriving unannounced on our coasts and pleading refugee asylum.
This miniscule trickle of people arriving at places other than our international airports and seaports has given risen to often disproportionate reactions, of alarm on the one hand, and, on the other hand, fodder for those who already tended to be somewhat anti-immigration.

It has occasioned a partly appropriate and partly "over-kill" placing, by Government, of measures to "stem the tide" of such inconvenient arrivals and of the injustices carried out by unscrupulous entrepreneurs who gain so much from arranging transport for these asylum seekers.

The determination to give, loud and clear, a message to the world that such entry into Australia is "not on" has its own risks... first of all, of "hype". One is reminded of the Gospel text which, referring to the humble birth of Jesus Christ, said that Herod was "alarmed", and "all Jerusalem with him" (Mt. 2, 3)!
What would be alarming, however, would be the punishing of any bona fide refugee in order to "send a message" to others. A refugee can never be called a "queue-jumper": real danger of death, even of persecution, and the desperation which goes with these, should rule out this additional psychological punishment and any unjust treatment which such categorisation might lead to.

Likewise, a forbidding message to the world must not be accompanied by - as if to strengthen that message - any discrimination between persons seeking asylum and residency from outside or from inside Australia.

We Christians have, in the Gospel, which sets the tone for our approach of mind and heart and determines the higher volume of our voices' proclaiming the message of Jesus Christ, so much to challenge us, also in the sphere of heeding the oft voiceless plea of bona fide asylum seekers.
Not alone, but with singular explicitness, is the Matthean presentation of the Herod versus Jesus Christ saga, of the refugee status of the infant Jesus, and of Mary and Joseph inseparable from Him... which helps keep before us the injustice not only of life-threats and other persecution but of child-detention and of whatever, even in the process of justice, compassion and charity towards refugees, avoidably compromises family togetherness.
Matthew's picture of the happy conclusion - the re-establishment of the Holy Family in Nazareth after the traumas of Bethlehem's threats and the journey into exile, after the welcome by the nation of asylum, and the impossibility of returning home to Judaea - presses us to contribute to making real, to every bona fide refugee, the fulfilment of the hopes to which basic human dignity has a fundamental right, and which God's "good-will" wishes to see more than abundantly responded to.

Catholic Immigration/Multicultural Offices

National Director - Rev Fr John J Murphy Australian Catholic Migrant and Refugee Office GPO Box 2720, Canberra ACT 2601 Tel: 02 6201 9848 Fax: 02 6247 7466 Email: director@acmro.catholic.org.au or projectofficer@acmro.catholic.org.au Street Address: 2nd Floor, Favier House, 1 Ballumbir Street, Braddon ACT 2612
Brisbane Coordinator - Jose Zepeda Centre for Multicultural Pastoral Care PO Box 112 Paddington QLD 4064 Tel: 07 3876 3294 Fax: 07 3369 3094 Street Address: 333 Given Terrace Paddington Qld 4064	Sydney Executive Director - Lenka Hill Catholic Immigration Office 9th Floor Polding House 276 Pitt Street Sydney NSW 2000 Tel: 02 9390 5148 or 02 9390 5100 Fax: 02 9264 5093
Adelaide Director - Maria Barredo Catholic Multicultural Pastoral Service 2nd Floor, Diocesan Church Office 39 Wakefield Street Adelaide SA 5000 Tel: 08 8210 8235 Fax: 08 8223 3880	Perth Director - Gerald Searle Catholic Migrant Centre 25 Victoria Centre Perth WA 6000 Tel: 08 9221 1727 Fax: 08 9221 3793 Episcopal Vicar for Migration - Rev. Adrian Pittarello CS
Melbourne Episcopal Vicar for Migrants and Refugees Rev. John Raccanello CS Melbourne Catholic Migrant and Refugee Office PO Box 146 East Melbourne Vic 3002 Executive Secretary: Jeff Wild Tel: 03 9926 5677 or 03 9926 5720 Fax: 03 9926 5617 Street Address: 383 Albert Street, East Melbourne Vic 3002	Hobart Contact- Rev Fr Chris Mithen CP St Joseph's Presbytery 65 Harrington Street Hobart Tas 7000 Tel: 03 6234 4866 Fax: 03 6234 3584
Darwin Director of Centacare - Mario Trinidad GPO Box 547 Darwin NT 0801 Tel: 08 8941 0022 Fax: 08 8981 9739 Street Address, Gsell Centre, Darwin	Canberra Director of Centacare - Neil Harrigan PO Box 1367 Manuka ACT 2603 Tel: 02 6239 7700 Fax: 02 6239 7171 Street Address: 42 Canberra Avenue Manuka ACT 2603 Refugee Coordinator - Sr. Lorraine Phelan

Refugee Council of Australia
For information and facts about refugees and asylum seekers in Australia the RCOA has published a pamphlet "Seeking Our Safety". The RCOA web site is at http://www.refugeecouncil.org.au

This newsletter is published twice a year. If you wish to contribute an article to the next newsletter contact us on 02 6201 9848 or at www.acmro.catholic.org.au or email to projectofficer@acmro.ctholic.org.au