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 July 2009
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NEWS AND VIEWS
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WHAT HUMAN RIGHTS MEAN TO MULTICULTURAL YOUTH IN VICTORIA
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More than 25 per cent of the population of Victoria consists of people from a culturally and linguistically diverse background. Census data from 2006 shows that 15 per cent of Victorians aged 12 – 24 were born overseas; one in five (19.9 per cent) of Victorians speak a language other than English at home. Young people between 16 and 24 years of age constitute almost one third of the total settler intake under Australia’s Humanitarian Migration Program since 1996. Victoria settles almost one-third of Australia’s humanitarian youth settler arrivals.
When compiling its submission for the federal government’s Human Rights Consultation process, CMY conducted a survey and a series of focus groups held with young people from refugee and migrant backgrounds. Focus groups were conducted with over 80 young people from both metropolitan and regional Victoria. CMY also held a statewide forum for youth and community workers from a range of organisations that work with this cohort of young people. Over 60 people participated in the forum to provide their perspective.
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Part 1: Which Human Rights should be protected and promoted?
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Human rights are basic standards to which we must formally acknowledge and protect, as rights are essential for individuals to live and develop in dignity. Young people can be a particular vulnerable group as they may have less agency to exercise, enjoy or realise their rights – this can be exacerbated even further for young people who are newly arrived refugees and migrants.
CMY believes that, as a signatory to the Convention on the Rights of the Child, Australia has an obligation to observe, protect and promote the rights contained in the Convention. Similarly, as a party to the International Convention on the Elimination of All Forms of Racial Discrimination, Australia is obliged to condemn racism and to eliminate it in all its forms. It recognises that racial discrimination has the significant effect of nullifying or impairing the recognition, enjoyment or the exercise of human rights and fundamental freedoms.
Young people from a refugee and migrant background that CMY consulted with did not speak in terms of “civil and political rights” or “economic, social and cultural rights”. They spoke about their everyday experience of public institutions like schools, the workplace, the police and contact with service providers; as well as their interaction with the broader community. The main rights identified by them as important include:
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- Not to be discriminated against, to be free from racism
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| | | - Right to good, quality health care
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| - Right to education (culturally and age appropriate)
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| - Right to speak their first language (language other than English)
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| - Right to access opportunities available to other young people
| - Right to be protected from torture and cruel and degrading treatment
| | - Right to equality in living a well, decent life, living in a good environment where people would have the chance to prove themselves
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Part 2: Are these human rights currently sufficiently protected and promoted?
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Although the majority of young people consulted with feel their rights are somewhat protected, they all agree that more can be done to protect and educate people about their rights in Australia. A number of young people had assumed Australia had a “Bill of Rights” and were surprised there is no national human rights legislation. There is confusion about state and national jurisdictions in this arena.
Responses were fairly mixed across the groups of migrant and refugee young people we spoke to. Responses ranged from:
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“I don’t think Australia has that good human right. Its not really fair for everybody. They are not doing it fair...Not accepting and supporting of diverse young people”
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…to the other end of the continuum:
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“once you have gained entry into Australia, human rights are well protected”
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Areas that need close attention include:
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Right to be free from racism and discrimination, and to be treated equally
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Discrimination is a human rights violation - both in its own right, and because it comprises the attainment and enjoyment of other human rights. The impacts of discrimination are not confined to those directly subjected to it, but can also create a climate of apprehension and fear that may curtail the activities and aspirations of others from similar cultural backgrounds.
A national study on mapping social cohesion found that discrimination is most commonly reported in the context of school (12 per cent), on the street (11 per cent) and when seeking employment or in the place of work (11 per cent). Almost one in five (18 per cent) report instances of verbal abuse. Some 2 per cent reported that they have been physically attacked, and a similar proportion that their property had been damaged. There are a number of laws to address discrimination including age-based discrimination, but young people often find it hard to negotiate the complaints system or fear that taking up a formal complaints process will only exacerbate the issue. It demonstrates a lack of faith in the complaints system.
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Police
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Young people are over-represented in the justice system and are more likely than other age groups to come into contact with the police and the justice system, both as victims and as perpetrators of crime. It is of concern that increasing numbers of newly arrived and refugee young people are coming to the attention of the police.
Relationships between the police and young people are sometimes fraught. While some progress have been made, migrant and refugee young people still perceive themselves to be targeted unfairly in relation to their physical appearance and often feel “over policed”. In dealing with the police, migrant and refugee young people, and in particular newly arrived refugee and migrant young people, are often unaware or unable to exercise their rights and find the police complaints procedures inaccessible or ineffective.
Concern was also raised on the topic of Independent Persons (IPs). Under Victorian legislation, IPs are required to attend police interviews with young people under 18 where there is no parent or guardian in attendance. Similar requirements exist in other Australian jurisdictions. To ensure that the rights of vulnerable young people are upheld during police interviews and that any future offending is reduced, appropriate performance of the IP role is vital.
Youth advocates are concerned that current Victorian law does not adequately detail the role of Independent Persons and that there may be cases where the lack of clarity and certainty in the law has led to a lack of consistency. In addition, it has been suggested that in order to place the role of an Independent Person on firmer legal footing, a statutory duty could be introduced to provide independent persons for police interviews and that those performing the role be accredited by the agency responsible for their attendance.
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The right to be heard, the right to participate
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The right of young people to meaningful participation is enshrined in a number of frameworks, most significantly in the Convention of the Rights of the Child. However, many youth participation activities designed to engage young people do not provide adequate support structures and resources that can amount to little more than tokenism. Refugee and migrant young people are particularly likely to be excluded from participation in decision making.
A range of reports and resources, such as Rewriting the Rules for Youth Participation: inclusion and diversity in government and community decision making from the National Youth Affairs Research Scheme, outline practical approaches to increasing participation and engagement with diverse groups of young people.
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The right to adequate, youth specific settlement services and access to the range of other services
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Newly arrived and emerging communities often experience limited family and social support and community infrastructure. Information provided to refugee young people settling in Australia is often not communicated in ways that are not appropriate to their age, gender, cultural and linguistic background, leading to missing out on opportunities that’s available to other young people. Generalist services are not always culturally competent and there are only a few specialist refugee youth services that cater for those with complex needs.
There is evidence that refugee and migrant young people are under-represented in both mainstream and culturally specific support services. In particular, many young refugees do not access the services they require. It cannot be assumed that generalist services are sufficient for meeting the needs of marginalised groups such as newly arrived young people. Both government and service providers need to commit to access and equity in all services – through strategies, timelines and performance indicators.
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Part 3: How can Australia better protect and promote human rights?
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The consultation with young people clearly indicated that there should be a clear articulation of human rights in Australia that all young people, regardless of which state or territory that they live in can refer to. Discussions in all the focus groups placed an emphasis on cultural change and community education as the means to informing communities and individuals about their rights and how to exercise their rights.
CMY also recommend that all levels of government (local, state and federal) must be obliged to take into account human rights when developing legislation, programs and policies.
Below is a list of quotes by refugee and migrant young people on how we can take human rights off the printed page and make it a lived and real experience for all young people:
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- Programs with the police to foster better relationships between young people and the police
| - Better representation of people from refugee and migrant backgrounds in parliament
| - Human rights education in kindergarten/schools/TAFE/Universities– including supporting teachers so that they are able to support young people who feel their rights are not protected
| - More involvement and support for immigrant communities in outer suburbs
| - Awareness raising and promoting human rights in sporting clubs
| - Youth advocacy groups to target schools and community centres to educate young people about human rights and services available to support young people
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| - Make communication with the government easy for young people
| - Government should inform parents and community leaders what human rights are when they arrive in Australia
| - Community forums targeting educational institutions, ethnic communities, sporting associations
| - More multicultural events to promote better understanding of communities
| - Having the opportunity to speak to a representative from government
| - Use of music and arts to promote human rights
| - Youth leadership programs to help raise awareness of human rights and where to get help
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Federal Bodget wrap
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The Federal budget, announced during May, was the catalyst for much hand-wringing in the media and parliamentary Question Time, but contained some interesting initiatives for young people who probably aren’t concerning themselves with government deficits right now. Many announcements tie into existing initiatives, such as the much-discussed ‘Education Revolution’ with its $62.1 billion spend over three years on areas such as school modernisation, numeracy and literacy programs, digital infrastructure. Less discussed were the measures targeting tertiary education, with $491 million over four years to help uncap university places and offer places to all eligible students, and $325 million to reward institutions for attracting and retaining low socio-economic-status students.
$277 million has been allocated to the ‘Compact with Young Australians’ jobs and skills initiative that was mentioned in the May 2009 edition of CMY e-News, with its promise of training places for every young person under 25 who wishes to upskill. However there has been some criticism at the move to tighten eligibility for welfare payments such as Youth Allowance that has been connected to the Compact. Changes will also be made to existing youth and career transition programs, which will be streamlined into two more targeted programs; one of these, ‘Youth Connections’, aims to provide an improved safety net for youth at risk through the provision of tailored case management and support.
The Budget also includes significant investment in youth development programs, with funding spread among various art initiatives, a new international tertiary scholarship scheme involving exchange opportunities for students in Australia and the Asia-pacific region, and the new Youth Development and Support Program (which aims to fund organisations to support initiatives aimed at offering development opportunities for young people).Visit the federal Office for Youth website to get a more detailed run-down on the Budget’s measures.
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Check the 'What's In It For Youth?' section of the Government's youth website for more details.
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Australian Youth Affairs Coalition funded
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More important funding news came post-budget, with confirmation of funding for the Australian Youth Affairs Coalition (AYAC) for the next four years. It marks the first time that the national youth peak body will be funded for the first time in 10 years.
AYAC spokesperson Alan Wu hailed the reintroduction of the independent national voice for young people. “The views of young people have been silent for far too long on important issues, including questions of how we support young people through an economic downturn, support young people in transitions between education and work and how we reduce youth homelessness.”
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(source: AYAC website, 30 June 2009)
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Funding announced for National Multicultural Youth Advocacy Network
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We are also pleased to announce a two-year funding agreement from the Department of Immigration and Citizenship for the National Multicultural Youth Advocacy Network (NMYAN).
Operating since 2006 in a self-funded capacity, NMYAN was established to provide a national voice for the needs of multicultural youth and provide information sharing and support for state based organisations. The DIAC funding will provide the means to build capacity around the states and establish NMYAN as the peak body for multicultural youth.
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(source: ministerial media release, 30 May 2009)
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Revised permission to work rules take effect
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Some welcome changes have been made to permission to work arrangements for Protection visa applicants and clients seeking Ministerial intervention. The changes will apply to those who apply for a Protection visa from 1 July 2009, and those who make a request for Ministerial Intervention from 1 July 2009 (as well other cases where criteria are met).
The new arrangements replace the ‘45 day rule’, which allowed only those Protection visa applicants who lodged their application within 45 days of arriving in Australia to obtain permission to work. The changes are intended to provide more flexible permission to work arrangements for those clients who remain lawful, meet time limits and actively engage with DIAC to resolve their immigration status. Access to permission to work will depend on the class of Bridging visa held by the client and the stage of processing their application has reached. For clients who become unlawful and do not voluntarily approach DIAC, permission to work will only be available in limited circumstances.
Not having permission to work can disenfranchise new arrivals and hinder their settlement efforts, so CMY applauds the federal government’s new stance.
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More detail is available from the Department of Immigration and Citizenship website.
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WHAT'S NEW AT CMY?
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YRIPP continues its good work
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The Youth Referral and Independent Person Program (YRIPP), a project of CMY in partnership with the Youth Affairs Council of Victoria, UnitingCare and other agencies, was recently awarded a certificate of excellence in "promoting fair and non discriminatory treatement of young people from new emerging communities". This was awarded by the Settlement Grant Program and Intergrated Humanitarian Settlement Services Forum (SGP/IHSS).
YRIPP trains and supports people volunteering as Independent Persons (IPs) across Victoria. IPs accompany young people under the age of 18 during formal police questioning when a parent or guardian is unavailable. YRIPP provides up-to-date training, a statewide IP roster, resources for police and parents, and access to a 24-hour legal advice line for young people in custody.
The establishment of a co-ordinated Independent Person system of support provided to young people in police custody offers a significant opportunity to address the over-representation of young people in the justice system, including those from migrant and refugee communities. YRIPP volunteers referred 43% of YRIPP clients who were born overseas to support services, in the hope of diverting them from the criminal justice system. YRIPP has recently been re-funded by the Victorian Government through to the end of the 1009/10 financial year, and CMY congratulates the program and its staff for their sterling efforts! Learn more at the YRIPP website.
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Connections UnitingCare Anti-Poverty Awards
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CMY is a proud supporter of the Connections UnitingCare Anti -Poverty Awards, which recognise young Victorians and Tasmanians between the ages of 16 and 30 who are making a contribution to the eradication of poverty, locally, nationally or internationally.
One Award recipient will receive a $4000 grant to continue their work. Encouragement Awards up to $1000 are also offered.
We are looking for work done by an applicant that may have included (but is not limited to) ongoing work or projects in:
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- Social justice activities;
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- Financial literacy and debt reduction;
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- Building entrepreneurial skills;
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- Any of these areas in an overseas context.
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Deadline for submissions is Monday 31 August 2009.
The Awards are sponsored and supported by the UnitingCare SHARE Community Appeal, ANZ Bank, the Uniting Church SYNOD of Victoria and Tasmania Commission for Mission and the Centre for Multicultural Youth.
Visit the Connections website for more information.
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Multicultural Coaching and Officiating Project
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In early June a graduation ceremony was held to celebrate the success of the participants of the Multicultural Coaching and Officiating Project. Commencing in July 2008, the pilot project is co-ordinated by CMY and funded by Sport and Recreation Victoria. It is based in the Western suburbs of Melbourne
The project’s aim was to link newly arrived migrants and refugees to coaching, refereeing and umpiring opportunities in the community, and to develop sustainable avenues for newly arrived communities to access sport as coaches and sports officials.
Not only has the Project been important in its role supporting newly arrived migrants and refugees to connect with sporting clubs, it has also supported local sport clubs and associations to attract enthusiastic and accredited coaches and officials – one of the main challenges to successfully running community based competitions. At the same time, participants have been given the opportunity to become more involved with the wider community, through a shared passion for sport.
The Multicultural Coaching and Officiating Project has linked over 100 participants to accredited coaching or officiating courses in soccer, basketball, AFL and swimming. Over 90 of these participants have already successfully attained their coaching or officiating accreditation.
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YOUNG VOICES: Sachini Karunaratna
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Sachini Karunaratna is a Year 12 student at Mercy College in Melbourne.
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CMY organised a forum for young people, especially those around the ages of 16 to 20, who grew up with multicultural backgrounds. I had the opportunity to join the Youth Forum Planning Committee to organise this event. This has been really exciting for me and I have learnt so much from the whole experience.
The Forum was held at the Coburg Town Hall on Wednesday April 1st and four Year 11 Mercy students also participated. The main aim of the day was to give an opportunity to young people from multicultural backgrounds to come together to identify and discuss their needs and rights.
These discussions were:
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- Ways of managing various relationships in your life;
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- Understanding drugs and alcohol;
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- Growing up in two cultures and balancing both.
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In the afternoon, everyone had a chance to attend a workshop of their choice where they worked on a creative presentation of some of the issues previously discussed. With professional help the groups presented the information in the forms of hip-hop, rap, drama and dance.
The day was very informative, with a range of interactive activities, and lots of good food! Everyone had so much fun, especially with the hip-hop and rap.
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WHAT'S NEW IN THE SECTOR
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Details of upcoming events, conferences and new resources in the multicultural youth sector. If you have an event or resource you want promoted through CMY Digest, please send details to info@cmy.net.au
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A regularly-updated list of new resources and upcoming events in the multicultural youth sector
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IN THE MEDIA
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Multicultural youth issues in the media – what are some of the issues that are making it into the news? If you come across media articles you think should be highlighted in this newsletter, please forward to info@cmy.net.au
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Faithfully Yours (‘Compass’, ABC television, 28 June 2009)
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This documentary presents the stories of three cross-cultural relationships in Australia. Everyday issues take on a new dimension as couples look for common ground across the religious and cultural divides.
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> watch the program on the Compass website
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Student attacks in Australia (Radio Australia News, 9 June 2009)
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This radio story transcript presents an overview of the recent incidents of violence against international students studying in Australia.
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> read the article at the Radio Australia website
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