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Between late 2008 and late 2011, 180 young Indonesians who said that they were children arrived in Australia having worked as crew on boats bringing asylum seekers to Australia.

Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or…

Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the…

This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age…

This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who…

Focused age assessment interviews can be a useful technique for assessing age. Interviews of this kind have been used in Australia in a range of different ways since late 2010.

When it can be obtained, verified documentary evidence from a person’s country of origin can be reliable evidence of that person’s age. Consequently, the making of enquiries in Indonesia about whether such documentary evidence exists is an important means of age assessment. When they are made, such enquiries are ordinarily part of the investigation process conducted by the Australian…

As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care.

The major finding of this Inquiry is that Australia’s treatment of individuals suspected of people smuggling offences who said that they were children has led to numerous breaches of both the Convention on the Rights of the Child (CRC) and the International Covenant on Civil and Political Rights (ICCPR).

Until December 2009, Ali Jasmin lived with his family in Bala Uring, a small village on the island of Flores, Indonesia. His family bought fish from the local fishermen and sold them at the market. Ali had completed seven years of schooling and worked as a fisherman in a little town not far from his home.

The table below contains information about each of the individuals of concern to the Inquiry. The data contained in this table was provided by the Department of Immigration and Citizenship and the Australian Federal Police.

An age of uncertainty Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children Appendix 3: Submissions The Inquiry received a total of 39 submissions, four of which remain confidential. Submission name Submission No. Amnesty International Australia 23 Australian Government 30 Australian Lawyers Alliance 21 Australian Society of Forensic …

Ismaع - Listen Home || Independent Research || Strategies Document || Audio Resources || Media Pack || Consultations Table of Contents Foreword Executive Summary Chapter 1: Background Chapter 2: Experiences of discrimination, vilification & prejudice Chapter 3: Impacts and responses Chapter 4: Current Strategies Chapter 5: Future Strategies Appendices Table of Contents Foreword Executive…

Submissions are invited on issues of Freedom of Religion and Belief in the 21st Century in Australia. In particular we are interested in your responses to any or all of the questions in the Discussion Paper, as well as any other issues of concern.

Human Rights Brief No. 3 Freedom of Religion and Belief By ratifying the International Covenant on Civil and Political Rights (ICCPR) in 1980 Australia has undertaken to respect and protect freedom of religion and belief. This number covers Sources of the right to freedom of religion and belief Scope of 'religion and belief' Religious freedom for children Religious expression Discrimination…

Human Rights Brief No. 4 Lawful Limits on Fundamental Freedoms Sources 1. Provided by law 2. A lawful objective 3. Necessary 4. Non-discriminatory 5. Exceptional Limitations in Australian law Select bibliography Click here to view the Practioner Checklist Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice…

The Human Rights and Equal Opportunity Commission Act 1986 (Cth): its application to religious freedom and the right to non-discrimination in employment This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal

Stories of discrimination experienced by the gay, lesbian, bisexual, transgender and intersex community October 2007 Click here to download in PDF 67KB Click here to download in WORD 151KB 1. What is this paper about? In 2006, the Commission conducted a National Inquiry into discrimination against people in same-sex relationships regarding access to financial and work-related entitlements…

On the 26 November the House of Representatives Standing Committee on Family, Community, Housing and Youth released its report of an inquiry into homelessness legislation. The inquiry followed the federal government’s release, on 21 December 2008, of its White Paper, The Road Home: A National Approach to Reducing Homelessness. In the White Paper, the government pledged to ‘enact new legislation…

Homelessness is a Human Rights Issue (2008) Download Word (60 kb) Contents 1. Homelessness is about human rights 2. What is homelessness? 3. What are some of the causes of homelessness? 4. How many people are affected by homelessness? 5. Who is affected by homelessness? 5.1 Indigenous people are disproportionately affected by homelessness 5.2 Women are significantly affected by homelessness…