Public Health Association of Australia: Policy-at-a-glance Refugee and Asylum Seeker Health Policy

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1 Public Health Association of Australia: Policy-at-a-glance Refugee and Asylum Seeker Health Policy Key message: PHAA and the International Health Special Interest Group will 1. Campaign for equitable health services for all refugees and asylum seekers; 2. Participate in partnerships and coalitions to promote the refugee rights; 3. Engage with media to promote positive refugee stories and to better inform the public about issues impacting on the physical and mental health of refugees and asylum seekers in Australia. Summary: Refugees and asylum seeker policies and service provision should be underpinned within a human rights framework, providing a humane, equitable and compassionate approach. Refugees and asylum seekers should be offered the same level and type of health care as the general population, including health promotion, disease prevention and treatment services including continuity of care. This policy seeks to outline a series of tangible actions designed to achieve these goals. Audience: Responsibility: Australian, State and Territory Governments, policy makers and program managers, other relevant stakeholder and professional groups in the refugee health field. PHAA s International Health Special Interest Group (SIG). Date policy adopted: September 2015 Contacts: Dr Jaya Earnest, International Health SIG Convenor J.Earnest@curtin.edu.au 1

2 REFUGEE AND ASYLUM SEEKER * HEALTH Policy The Public Health Association of Australia notes that: 1. The 1951 Geneva Convention states that a refugee is a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable to, or owing to such fear unwilling to avail himself of the protection of that country. As signatory to the 1951 Refugee Convention, Australia has obligations to protect and assist those who seek asylum and accepts refugees under its humanitarian migration program Recent changes to government policies have included extended mandatory periods in offshore detention centres. 3. Humanitarian entrants and asylum seekers have often been exposed to adverse situations in their country of origin, during their flight, or whilst in their country of asylum. 4,5 These include: psychological trauma due to persecution, war and other circumstances social dislocation, including separation from family and friends; overcrowding, poor hygiene and under-nutrition, particularly for those who were imprisoned or in refugee camps; poor medical and dental care, due to destruction of infrastructure and disruption to health services; torture, ( psychological, physical or both); 6 4. Refugees and asylum seekers face barriers to accessing health care. These barriers can include language, cultural safety, transport, cost, and lack of access to Medicare. They may also face racism and its adverse effects on mental wellbeing Currently, more than half of the refugee intake to Australia is younger than 25 years. Of particular concern are those children and young people who are unaccompanied minors Policies relating to border protection, deterring unauthorised arrivals, interception and offshore processing, continue to result in outcomes contrary to Australia s international obligations to protect refugees, and to impact negatively on health. 9 * Refugees are people who have been forced to leave their home country because of fear of persecution for their nationality, race, religion or ties to a particular social or political group. All refugees are initially asylum seekers. Asylum seekers are people who are requesting international protection, but their claim to be a refugee has not yet been determined by the appropriate governing body. 1 Humanitarian entrants are people who have experienced human rights abuses in their home country due to conflict and displacement and are granted entry into Australia on a humanitarian resettlement visa. 3 2

3 7. Prolonged immigration detention continues to have a detrimental impact on the mental health of asylum seekers. 10, 11 Australia s immigration policies have been criticised by UN Committees for 12, 13 breaches of international human rights obligations. 8. Suicidal behaviours rates among men and women in detention centres are reported to be 41 and 26 times higher respectively than the national average. 14 From July 2010 to June 2011, 322 self-harm incidents were reported among people in immigration detention facilities, and another 564 episodes of detainees threatening self-harm PHAA notes the barriers to equitable health care imposed by Australia s current migration policies for refugees with disability, and HIV New legislation in December 2014, resulted in extended powers of Minister for Immigration and Border protection to transfer asylum seekers at sea, new temporary visas and also excluding review rights. These are against Australia s obligations under international refugee law. 17 The Public Health Association of Australia believes that the following action should be undertaken: 1. Refugees and asylum seeker policies and service provision be planned within a human rights framework, with reference to the 1951 Geneva Convention, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights - offering a humane, equitable, timely and affordable health care and other services. 2. Policies detrimental to the health and well-being of asylum seekers and refugees be reviewed, including immigration detention and off-shore processing; and the option to detain children in immigration detention should be removed from legislation. 3. Recommendations from the Joint Select Committee on Australia's Immigration Detention Network relating to improving the health and well-being of asylum seekers be implemented All asylum seekers be given the right to work, housing services, financial support as received by humanitarian entrants, and access to education and English language tuition. Post arrival follow up screening and educating women of child bearing age, including those who have experienced sexual violence and genital mutilation should be implemented. 5. Refugees and asylum seekers be provided with appropriate interpreting and translating services, including improved access to bilingual/bicultural health workers. 6. The health care needs of persons of refugee background be specifically considered in the context of health reforms and new programs, including the Electronic Medical Record program. 7. Specialised refugee health services, using models of service delivery tailored to local patterns of refugee settlement, be adequately resourced in each State and Territory. These services should collaborate with mainstream services to offer comprehensive health assessments for new arrivals, and should provide advice and consultancy to mainstream health services. 3

4 8. The health needs of refugee and asylum seeker children 19 and unaccompanied minors be taken into account and responded to, in accordance with recommendations made by the Royal Australasian College of Physicians (RACP) That the Australian Government continues to participate in global discussion on refugees in a way that recognises human rights of asylum seekers and consider increasing numbers of humanitarian entrants. The Public Health Association of Australia resolves to undertake the following actions: 1. Campaign for equitable social and health services for refugees and asylum seekers, regardless of visa category. 2. Lobby Australian and State/Territory Governments for improved language services, including healthtrained interpreters and bilingual health staff. 3. Promote the use of interpreters by GPs and specialists in private practice, and through advocacy with professional colleges. 4. Advocate (publically, and through submissions to government) for the introduction of a new national policy approach to the issue of asylum seekers, including alternative models of immigration detention, and to ban the detention of children and minors Engage with media to promote positive refugee stories and to better inform the public about issues impacting upon the physical and mental health of refugees and asylum seekers in Australia. 6. Advocate for the ability of health workers to undertake their duty of care in relation to refugee and asylum seeker health and well-being without fear of penalty or restriction of expression, and for an amendment of the Border Force Act. ADOPTED in 2002, REVISED AND RE-ENDORSED IN 2006, 2009 and 2012 First adopted at the 2002 Annual General Meeting of the Public Health Association of Australia. The latest revision has been undertaken as part of the 2015 policy review process. References: 1. The United Nations High Commissioner for Refugees. About Refugees. Available from: 2. Refugee Council of Australia. Australia s Refugee and Humanitarian Program : Community views on current challenges and future directions Available from: 3. Department of Immigration and Border Protection. Refugee and humanitarian visas. Available from: 4. NSW Refugee Health Service. Fact Sheet One: An Overview Available from: 5. Burnett A, Peel M. Health needs of asylum seekers and refugees. BMJ. 2001; 322: UN Convention relating to the Status of Refugees, Article 1(A). 7. Milosevic D, Cheng I, Smith M. The NSW Refugee Health Service: Improving refugee access to primary care. Australian Family Physician, 2012; 41 (3): Royal Australasian College of Physicians. Towards better health for refugee children and young people in Australia and New Zealand: The RACP perspective Green JP, Eagar K. The health of people in Australian immigration detention centres. Med J Aust. 2010; 192 (2): Dudley MJ, Procter NG, Newman NK. Suicide and self-harm in immigration detention. Med J Aust. 2011; 195 (6):

5 11. Coffey GJ, Kaplan I, Sampson RC, Tucci MM. The meaning and mental health consequences of long-term immigration detention for people seeking asylum. Social Science & Medicine. 2010; Vol.70(12): UN Committee on the Elimination of Racial Discrimination. Concluding observations of the Committee on the Elimination of Racial Discrimination: Australia. 2010; UN Doc CERD/C/AUS/CO/ UN Human Rights Committee. Concluding Observations of the Human Rights Committee: Australia. 2009; UN Doc: CCPR/C/AUS/CO/5 14. Joint Select Committee on Australia s Immigration Detention Network. Final Report. Commonwealth of Australia Available from: n_ctte/immigration_detention/report/index.htm 15. Raman S et al. Matching health needs of refugee children with services: how big is the gap? Aust N Z J Public Health. 2009; 33: Australian Federation of AIDS Organisations (AFAO) position statement Call for reform of Australian migration policies affecting refugees living with HIV data/assets/pdf_file/0006/5559/pp_may11_reform_of_migration_policies.pdf 17. The royal Australian college of physicians. Policy statement on refugee and asylum seeker health, Available from: Joint Select Committee on Australia s Immigration Detention Network. Final Report. Commonwealth of Australia Available from: n_ctte/immigration_detention/report/index.htm 19. Raman S et al. Matching health needs of refugee children with services: how big is the gap? Aust N Z J Public Health. 2009; 33: Royal Australasian College of Physicians. Towards better health for refugee children and young people in Australia and New Zealand: The RACP perspective Menadue J et al. A New Approach. Breaking the Stalemate on Refugees and Asylum Seekers Available from: 5

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