Mandatory Detention of Asylum Seekers (Dissertation Sample)

Mandatory Detention of Asylum Seekers Name: Course: Tutor: College: Date:  Introduction The term asylum seeker has been used frequently to refer to a refugee, but there is a misconception between the two terminologies. However, the two have distinct meaning; an asylums seeker is an individual who claims to be a refuge, but his or her claim has not been evaluated in order to be proven legible to be a refuge. In many countries, there are national asylum systems that are supposed to decide whether any asylum seeker is legible for national protection. Those deemed to be refugees are accorded the necessary protection but otherwise the seekers can be sent back to their home countries (BISCHOFF 2002, p. 334). In any case, the efficiency of an asylum is a key factor. If it is a faster 'as well as a fair system', then the non refugees have no chance to make false claims and hence protect the country and the refugees at large. In summary, according to the government definition, this is a person who, from any form of fear of prosecution for various reasons such as political stand, race religion crosses into another country where he/she hopes to be granted refugee status. Mandatory detention 'on the other hand' can be defined as the practice whereby an individual is imprisoned without any consideration whether imprisonment is necessary or needed. For example in United States, the immigration policies allows categories of non citizens to be imprisoned without any assessment being done of the risk these people pose to the country. During the detention period, the government tries to prove that it has the authority to deport the individual back to their country or the necessary action to be taken on them. Mandatory detention was first started in Australian in the year 1992. The law ensured asylum seekers who were arriving in the country prior to any authorizations were to be detained for an unspecified period of time. In 2004, there was a worldwide cry for the closure of the mandatory detention of people including children. However, to the centrally of what was expected the high court found any unlawful validation of law. These findings of the high court exposed the limited impact that the international human rights have had (BISCHOFF 2002, p. 336). In a clear understanding of human rights, it is found that many of these detention camps on the country borders have violated human rights to the asylum seekers. There are several key human rights that surround the policy behind the mandatory detention. Locking of people without any justification deprives people’s liberty, and without any legal safeguards set in place to protect their civil and as well human rights. This does not only violate principles of justice but fundamental values of human. Mandatory detention is believed to impose further punishment on individuals who have already paid the debt of the society and provides harsher experiences as there is no definite date of release (BISCHOFF 2002, p. 335). Key Human Rights Issues Surrounding the Policy of Mandatory Detention There have been various human rights that have been violated through the mandatory detention in various detention camps. Such issues include poor health facilities. In many cases, the asylum seekers are detained pending approval of their case. The health conditions in the detention camps are deteriorated hence denying people access to adequate health facilities. Despite the international law stating that people are legible to adequate health facilities, the case at the detention camps is different. These mandatory detentions have been known to have an enormous effect of the people detained both physical and psychological well being of the asylum seekers. Many of the seekers are survivors of persecution and torture who have fled various human abuses in their home countries. In worse cases, those fleeing wars hit regions are depressed to have seen their loved ones killed or left their families in a worse state (KINLEY 1998, p. 159). Continued physical and psychological torture is a violation of human rights in the detention camps. The detentions results to mounting stress and depression, and in turn depressive illness. This may result to attempted suicide among people, rioting hunger strike among many other vices. The detained people are denied their right to a fair trial through prolonged detention. Being a refugee or not, every individual is entitled to a fair and public hearing and also by an independent as well as impartial tribunal. Time should be set for the hearing of the detainees to be heard in order to avoid prolonged detention. Another human right violated in the mandatory detentions of people is the freedom or the right to movement. This asserts that 'as a citizen; one is entitled to travel in any part of the state of their country. It also allows people to move around the world from one country to the other and accorded the correct assistance. In case of asylum seekers, there are systems and procedures that should be taken to handle the case and also decide whether one is a refugee or not. Freedom from torture is another right that the people detained should be accorded. However, it is known to be violated in many cases in cases of interrogations and punishments. The human rights violation has been greatly experienced over time and again in the detention camps. This has been to the children as well as adults. Detentions are unsuitable for the children’s physical and mental well being and in many case, there are severe stress disorder in the asylum seekers during the period of detention as well as after. There have been various moves and outcry to shun worldwide violation of human rights in the detention camps. Instead, the asylum seekers should be accorded the adequate assistance needed (KINLEY 1998, p. 162). Despite the existence of legal standards, migrants are arbitrarily detained throughout the world. The border policies of countries vary and some unnecessarily detains asylum seekers and migrants. For example, the number of immigrant detention in the United States has tripled between the year 1995 and 2005. In Australia, 36% of the detainees have been detained for more than six months, and some even wait for a period of up to five years for their claims to be processed in the detention centers. Politics in Forming the Policy of Mandatory Detention The policy of mandatory detention has a number of factors behind it ranging from one country to the other. The main target of the law is the detention of the unauthorized migrants into a country. Taking the case of Australia, the law was implemented in the year 1992 and was a response to the wave of Indochinese boat arrivals. Under the law in Australia, it is a requirement for one to be detained if he/she does not have a valid visa. The main factor has been the security of the Australians, or if the person is perceived to be a risk or pose any threat to the Australians. All asylum seekers are detained and taken to the Christmas Island before their reasons to be in the country are identified. The main contribution behind the mandatory policy is to ensure that people who enter into a given country do not do so until they have been cleared in terms of health, character and even the security checks and in turn granted a visa. Visa over-stayers are also held into detention awaiting clearance to their respective destinies. Despite other countries participating in detention of the unlawful or unauthorized people, Australia is still the only nation whereby immigration detention is for all unlawful non citizens and also including asylum seekers (YUVAL-DAVIS 2006, p. 123). In making of the policy 'in the immigration detention', certain values are considered. The policy is to support the integrity of the country’s immigration program and also define the groups that are legible to mandatory detention. The policy is also considered an essential in the implementation of strong border controls to the countries. Another factor is the consideration of children including the juvenile who should not be detained in a detention camp. In addition, the policy also explains that, any indefinite detention is not acceptable and the length of detention should be subject to review regularly. Detention is to be used as the last resort and also for the shortest practicable period of time. Finally, the detained people will be treated fairly and reasonably within the defined law as well as maintaining the conditions of the detention to the inherent dignity of the human being. Classical Community Development Models Used In Advancing a Human Rights-Based Response to the Policy of Mandatory Detention Community development can be summarized as the actions that are undertaken or helps people to recognize and develop ability, potential and in turn organize themselves in ways to respond to the problems experienced. Good community gives foundation for the establishment of strong communities that promotes social justice and improves community life. Good community also helps in promoting a healthy relation between the public and the government as well as the public agencies. The development of the communities has been guided by various models or theories that have been implemented time and again and over time. Each of the models applied has a target. Some include the addressing of the structural disadvantage, empowering of the community people and targeting of a common goal on the society. Others include building a community in regard to community needs that are needed by the community. In addition to these, there is the building of a good community around the basis of human rights. Some of the main theories behind the community development include the structural functionalism, the conflict theory and the symbolic interactions (ROBINSON & GREEN 2011, p. 101). The concept of community development is an all inclusive and contains a number of levels such as micro, meso and mac...