Human Rights, Refugee Protest and Immigration Detention

Lucy Fiske

Human Rights, Refugee Protest and Immigration Detention

Lucy Fiske University of Technology Sydney Australia

ISBN 978-1-137-58095-5 ISBN 978-1-137-58096-2 DOI 10.1057/978-1-137-58096-2

(eBook)

Library of Congress Control Number: 2016940666 © The Editor(s) (if applicable) and The Author(s) 2016 The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover illustration: © epa european pressphoto agency b.v. / Alamy Stock Photo Cover design by Samantha Johnson Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Macmillan Publishers Ltd. London

For Dad

Acknowledgements

Writing a book can, at times, be a solitary and isolating task, but it is never undertaken alone. The first to be acknowledged must be the men who shared their stories and insights with me. I wish I could name you all, as your courage, creativity, commitment to principles and sometimes sheer endurance deserve public acknowledgement. It is impossible to thank my mentor and colleague, Linda Briskman, enough. Linda’s knowledge of the field, shared passion for the topic, contacts, insights, feedback and unwavering support have been crucial in this project. I am particularly grateful though, for her wicked sense of humour, love of life and valued friendship. Mary Anne Kenny first introduced me to working with asylum seekers in detention and we have worked together at every opportunity since. She has a brilliant mind and a great, big heart. Kiran Grewal has read several chapters and provided helpful feedback, but more importantly, has helped further enrich my thinking around human rights, refugees, southern theories and ethics. My colleagues at the Centre for Human Rights Education at Curtin University and at the UTS Cosmopolitan Civil Societies Research Centre are ‘fellow travellers’ and contribute greatly to my thinking and love of the work we do. Caroline Fleay (Curtin) must be singled out for a special mention for her generosity, friendship and reassurance throughout. I am also very grateful to Nina Burridge at UTS for believing in this and vii

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Acknowledgements

helping to make space and time in my workload to complete the book. I am personally and academically grateful to Rita Shackel who does excellent work in women, children and the law and from whom I have learned a great deal. My colleagues at Murdoch University, Sydney University, ASeTTS, CARAD and CASE for Refugees, who I have had the great pleasure of working with over many years, do great work to make human rights real. Thomas Crofts, Adam Kamradt-Scott, Andrew Jakubowicz, Devleena Ghosh, Fausto Buttá, Vicki Sara and Mary Spongberg have all contributed to my thinking. They make work a pleasure and represent what academia can be at its best. Anne Shields has read every word, proofed every comma, chased down legal citations and much more—thank you! Jim Ife has been a key figure in shaping my politics and thinking over many years. My father, John Fiske, instilled in me a strong sense of social justice from an early age. His influence cannot be overstated. His feedback on drafts was both affirming and extending. I am grateful to Harriet Barker at Palgrave Macmillan for seeing the potential of this book. Finally, to Anne, Finbar and Perry, thank you for your love, support and understanding.

Contents

1

Introduction

2

‘We Are Human.’ Re-humanising Human Rights

19

3

Power and Resistance. Everyday Resistance to Immigration Detention

49

4

Escape

85

5

Hunger Strike, Lip Sewing and Self-harm

113

6

Riot

147

7

Immigration Detention Globally

191

8

Conclusion

227

1

Appendix: Details of Interview Participants

237

Index

239 ix

Abbreviations

ACM AFP AHRC ASIO BID CERT CIE CoE CPT DHS DIBP DIMIA DIMA DIAC EMDD EC ECtHR EU GSL HCA

Australasian Correctional Management Australian Federal Police Australian Human Rights Commission (see also HREOC) Australian Security and Intelligence Organisation Bail for Immigration Detainees (UK) Critical Emergency Response Team Centre for Identification and Expulsion (Italy) Council of Europe European Committee for the Prevention of Torture (United States) Department of Homeland Security (Australian) Department of Immigration and Border Protection (Australian) Department of Immigration, Multicultural and Indigenous Affairs (Australian) Department of Immigration and Multicultural Affairs (Australian) Department of Immigration and Citizenship Electro Muscular Disruption Device European Council European Court of Human Rights European Union Global Security Ltd High Court of Australia xi

xii

Abbreviations

HREOC IAAAS ICCPR ICE IDAG IDC IDF IND IRA IRC IRPC JRS JSCFADT JSCM MEDU MSF NAACP NACCD NGO RRT UKBA UNHCR UNOHCHR UNWGAD WAICS

Human Rights and Equal Opportunity Commission (see also AHRC) Immigration Advice And Assistance Scheme International Covenant on Civil and Political Rights (United States) Immigration and Customs Enforcement Immigration Detention Advisory Group (Australia) Immigration Detention Centre Immigration Detention Facility (United Kingdom) Immigration and Nationality Directorate Irish Republican Army Immigration Removal Centre Immigration Reception and Processing Centre Jesuit Refugee Service Joint Standing Committee on Foreign Affairs, Defence and Trade Joint Standing Committee on Migration Medici per I Diritti Umani (Doctors for Human Rights) Médecins Sans Frontières (Doctors Without Borders) National Association for the Advancement of Coloured People (United States) National Advisory Commission on Civil Disorders Non-Government Organisation Refugee Review Tribunal United Kingdom Border Agency United Nations High Commissioner for Refugees United Nations Office of the High Commissioner for Human Rights United Nations Working Group on Arbitrary Detention Western Australian Inspector of Custodial Services