Mandatory Detention: Twenty Years of Inhumane Public Policy

Abstract

Yesterday, May 6th, marked the 20th anniversary of Australia's policy of mandatory detention. The policy has eroded Australia's standing as a good middle power global human rights actor. More precisely, the inclusion of children within the mandatory detention regime has bought national and international condemnation. Mandatory detention legislation was first introduced in Australia in 1992. Legislation was amended in 1994 to reinforce indefinite detention. The Labor government's policy ensured that all asylum seekers arriving in Australia without prior authorisation could be detained for unspecified and prolonged periods of time. Amnesty International has consistently argued that prolonged mandatory detention causes untold psychological damage to detainees, especially for children. Of the estimated 200 million asylum seekers who crossed international borders in 2010, approximately one quarter were children. Australia is the only country in the world with a policy of mandatory detention of children. Greece, Israel, Malaysia, Mexico, South Africa and the US do detain children in immigration facilities, however in these countries child detention is not the first resort but the last resort.