Istituzione del Gruppo di lavoro sui Minori Stranieri Non Accompagnati

Il Consiglio Nazionale dell’Ordine degli Assistenti Sociali sente il dovere di farsi portavoce di tutti coloro che a vario titolo hanno segnalato l’allarmante situazione che si è venuta a creare negli ultimi mesi a Lampedusa ed accoglie il documento predisposto del gruppo di lavoro su Minori Stranieri Non Accompagnati MSNA, composto dai consiglieri Maria Billè (referente), Massimo Corrado, Silvana Mordeglia, Maria Luisa Scardina, Maria Concetta Storaci.

COMUNICATO
L’inchiesta pubblicata in questi giorni sull’Espresso denuncia la grave situazione a Lampedusa, a fine agosto sono 225 i bambini e gli adolescenti rinchiusi da settimane nelle due strutture di detenzione di Lampedusa: 111 nel "Centro di primo soccorso e accoglienza" di Contrada Imbriacola, 114 nella base in disuso dell’Aeronautica militare. A poche decine di metri dai radar di scoperta aerea e di difesa antimissile. E dai campi elettromagnetici. La maggior parte ha più di 13 anni ed è partita senza genitori. Omar, Hamza e Maha sono i più piccoli. In uno degli ultimi agghiaccianti sbarchi di agosto, alcuni dei 25 profughi rinvenuti cadavere nella stiva del barcone approdato a Lampedusa con 271 migranti, sarebbero stati uccisi e non sarebbero morti per asfissia. Purtroppo, questa tragedia coinvolge bambini anche molto piccoli, di pochi mesi e molte donne e nuclei familiari fra i migranti sbarcati il primo agosto a Lampedusa. Un mediatore culturale di Save the Children ha avuto modo di riscontrare, da subito, che si tratta di persone molto provate e scioccate da quanto accaduto, perché tra i morti c’erano amici e conoscenti . Lo stesso operatore ha visto e incontrato alcuni dei minori e nuclei familiari giunti nella notte con un barcone salpato dalla Libia e a bordo del quale sono stati ritrovati i cadaveri di 25 migranti. Oltre ai bambini piccoli ci sono anche dei 10 adolescenti non accompagnati. In totale sono 270 i superstiti, tra cui 37 minori di cui 27 bambini da 0 a 6 anni, 33 donne. Si tratta nel caso specifico, di bambini e adolescenti che riportano traumi, non solo subiti da guerre e disperazione ma sono anche vittime di violenze assistite, che necessitano di .un progetto di tutela per minori traumatizzati con sostegni specialistici mirati e contesti di accoglienza idonea. Ad oggi ci sono oltre 2.000 i minori sbarcati a Lampedusa dall’inizio della crisi e trasferiti in comunità alloggio o in strutture di accoglienza temporanea sul territorio italiano. Ormai sono mesi "che si susseguono gli arrivi di profughi dalla Libia a Lampedusa. Bambini e adolescenti che affrontano viaggi drammatici e rischiosissimi , costretti a lunghe permanenze in strutture inidonee, che ledono i diritti e non garantiscono un’adeguata assistenza.


GRUPPO DI LAVORO MSNA (Minori Stranieri Non Accompagnati)


Il gruppo è composto daI Consiglieri Nazionali
Maria Billè, Referente del Gruppo
Massimo Corrado
Silvana Mordeglia
Maria Luisa Scardina
Maria Concetta Storaci


Obiettivi:
Report periodici e Report finale sulla situazione in Italia dei MSNA


Tempi
durata dei lavori: 6 mesi


Attività:
verifica nei luoghi di accoglienza dei MSNA
incontri con le istituzioni, ONG refernti per i MSNA
-incontri con l’ANCI
-incontri con i Ministeri competenti
-elaborazione proposte a tutela dei MSNA
-inoltre in occasione della manifestazione O Scià, come deliberato nell’ultimo Consiglio, tenutosi a Roma sabato 3 settembre u.s. il gruppo ha inviato una richiesta di partecipazione ad una serata della manifestazione O Scià 2011 che si terrà a Lampedusa dal 27 settembre p.v. per evidenziare e condividere una riflessione sull’accoglienza e sui diritti dei Minori Stranieri Non Accompagnati.

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09:28

Istituzione del Gruppo di lavoro sui Minori Stranieri Non Accompagnati

I l Consiglio Nazionale dell’Ordine degli Assistenti Sociali sente il dovere di farsi portavoce di tutti coloro che a vario titolo hanno ...

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Future of offshore deals unclear: Gillard

Prime Minister Julia Gillard says it is unclear whether the High Court decision on the Malaysian asylum seeker swap deal rules out any offshore processing in the future.

Ms Gillard met with her cabinet in Brisbane on Wednesday night to consider oral advice from the solicitor-general on the High Court decision quashing the deal.

She told reporters in Brisbane on Thursday the advice showed there were questions about whether any offshore processing was possible.

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"There are questions over the future of offshore processing arrangements that must be considered," she said.

"And it is far from clear whether the court's ruling would, practically speaking, permit the operation of offshore processing in other locations, even in locations where offshore processing has been conducted in the past."

But Ms Gillard said she was determined to break the people smugglers' business model, which the Malaysian agreement would have done.

The High Court's decision was "disappointing", and went against the government's own legal advice about the legality of the Malaysian agreement.

"Yesterday ... what we saw was the High Court enter into a different construction of the relevant section of the Migration Act," she said, adding that it turned on its head the government's understanding of migration law.

Ms Gillard said the government would digest the legal advice and make a comprehensive statement outlining the government's plans.

The court's ruling represented a missed opportunity, she said.

"A missed opportunity to enhance our region's response to the evil of people smuggling.

"A missed opportunity to make a real and important contribution to the region's approach to the transnational crime of people smuggling through the Bali framework.

"And it is a missed opportunity ... to send a message to asylum seekers not to risk their lives at sea and get into boats."

Immigration Minister Chris Bowen said the ruling was likely to have a significant impact on any government's attempts to send unaccompanied minors to an offshore location.

"The situation with unaccompanied minors has changed under law," he said.

Sending unaccompanied minors offshore would involve the immigration minister giving written permission that would be judicially reviewable, he said.

"Which would make the removal of unaccompanied minors to any offshore location, under any regime, one that is highly problematic."

The prime minister defended Mr Bowen when asked if the minister had offered to resign following the court's ruling.

"Minister Bowen at all times acted on the best advice available to him and acted with a clear determination and resolve to break the people smugglers' business model," Ms Gillard said.

"That's what I asked him to do as minister."

Ms Gillard said the High Court had changed the interpretation of immigration law, singling out chief justice Robert French for mention.

"His honour ... considered comparable legal questions when he was a judge of the Federal Court and made different decisions to the one that the High Court made yesterday," she said.

Ms Gillard said the government would respond to the decision carefully and methodically.

Ms Gillard said she would not rule out using Nauru or reintroducing temporary protection visas despite opposition from Labor's Left faction.

"The only guarantee that I ever give is every decision we take will be taken in the national interest," she said.

"We will make a comprehensive statement when we are in a position to."

Mr Bowen has spoken with his Malaysian counterpart and says the latter understands the government's legal position.

"He has recommitted Malaysia to working very closely with Australia on all these issues," he said.

"He has indicated that from his point of view this does not in any way diminish or affect the very warm working relationship between Australia and Malaysia.

Mr Bowen said he had no intention of stepping down as immigration minister because he had an obligation to the prime minister, the government and the country to see his job through.

"The easy option would be to resign," he said.

"The only thing that would happen if I resign would be my quality of life might go up, nothing else is going to be impacted by that."

Ms Gillard said the government would digest the legal advice and make a comprehensive statement outlining the government's plans.

The court's ruling represented a missed opportunity, she said.

"A missed opportunity to enhance our region's response to the evil of people smuggling.

"A missed opportunity to make a real and important contribution to the region's approach to the transnational crime of people smuggling through the Bali framework.

"And it is a missed opportunity ... to send a message to asylum seekers not to risk their lives at sea and get into boats."

Immigration Minister Chris Bowen said the ruling was likely to have a significant impact on any government's attempts to send unaccompanied minors to an offshore location.

"The situation with unaccompanied minors has changed under law," he said.

Sending unaccompanied minors offshore would involve the immigration minister giving written permission that would be judicially reviewable, he said.

"Which would make the removal of unaccompanied minors to any offshore location, under any regime, one that is highly problematic."

byminori stranieri non accompagnati

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14:46

Future of offshore deals unclear: Gillard

Prime Minister Julia Gillard says it is unclear whether the High Court decision on the Malaysian asylum seeker swap deal rules out any offs...

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HRC urges action on asylum-seekers by The World Today

ELEANOR HALL: The Human Rights Commission is urging the Government to start processing the refugee claims of the 335 asylum seekers who were to have been deported.

The High Court yesterday imposed a permanent injunction preventing the Commonwealth from sending them to Malaysia. And the Government is yet to divulge what will happen to them.

The Human Rights Commission was granted leave to intervene in the case which also dealt with the plight of an unaccompanied child.

The president of the Human Rights Commission Cathy Branson spoke to Alexandra Kirk:

CATHERINE BRANSON: Well I think the thing that we were most pleased about was to have the court give a definitive ruling on how the minister's obligations as guardian of unaccompanied minors who come to Australia with the intention of staying, how those responsibilities work together with the responsibilities under the Migration Act.

ALEXANDRA KIRK: Now the upshot is that the Minister has to give his written consent for an unaccompanied minor to be sent from Australia and that will be able to be tested in a court as well.

So do you think as a result of this decision that the Government will be able to send unaccompanied minors elsewhere for processing?

CATHERINE BRANSON: Well I think if the law stays in the same form that it's in we know that the Minister as the guardian must give his written consent as you say under the act that makes him a guardian. And the decision he makes under that act will be judicially reviewable. And we are confident that he is obliged under that act to take into account the best interests of the child concerned.

Now it's possible to think of a case in which it would be in the interests of a child to go to a third country. The most obvious example is if the child's parents were in that country or if the child had not p parents their grandparents for example or other family members were there.

But for the bulk of children who come to Australia unaccompanied it's not easy to envisage that it would be in their best interests to be removed from Australia.

ALEXANDRA KIRK: You've cautioned the Government not to rush towards alternative solutions. They haven't ruled out going back to temporary protection visas or Nauru although they are conceding that early legal advice is that there's a big question mark over Nauru or any other offshore processing. What about Manus Island do you think?

CATHERINE BRANSON: Look I think what is important is that the Government think carefully about the implications of this decision and reflect on how they can act in a way that is consistent with their international human rights obligations and also consistently with the humanitarian approach for which Australia I think will wish to be known.

There are some alternatives that may be open of the kind you've mentioned. But where they've been tried before most of them we know have really been damaging to the individuals concerned and indeed in many cases had the result that ultimately people came back to live in Australia but came back people who've been damaged by their experiences.

ALEXANDRA KIRK: Including Manus Island?

CATHERINE BRANSON: Well I'm not able to speak particularly of Manus Island. But we would have to think very carefully I think before we utilised it as a place to send people.

ALEXANDRA KIRK: Three hundred and thirty-five asylum seekers have arrived on Christmas Island since the Government signed the deal with Malaysia. How long do you think the Government can leave them there while it scouts around for an alternative to the Malaysia solution?

CATHERINE BRANSON: We're very concerned about people being held effectively in limbo on Christmas Island and in circumstances where they don't have access to all of the services and facilities we'd normally expect to be made available to someone who comes to Australia seeking protection.

So we would urge the Minister to move very promptly to remove them from this limbo situation. And we suggest that the appropriate option is to now process them as we would have done before and to have their claims assessed.

ALEXANDRA KIRK: Would your body, the Human Rights Commission, consider taking action against the Government on that front?

CATHERINE BRANSON: Well we're not authorised to institute litigation ourselves. We are involved in advocacy with the Government. And if there is litigation on foot we can when satisfied of certain criteria intervene or seek leave to intervene in that proceeding. But we do urge the Government to process these people promptly and have their claims assessed.

ALEXANDRA KIRK: Have you put that directly to the Government?

CATHERINE BRANSON: Yes we have.

ALEXANDRA KIRK: When?

CATHERINE BRANSON: I think a formal letter did go quite recently, within the last day or so. But our views on this I think have been known to the Minister for some time.

ALEXANDRA KIRK: And has the Government responded?

CATHERINE BRANSON: Not yet.

ELEANOR HALL: That's the president of the Human Rights Commission Cathy Branson speaking to Alexandra Kirk.

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14:42

HRC urges action on asylum-seekers by The World Today

ELEANOR HALL: The Human Rights Commission is urging the Government to start processing the refugee claims of the 335 asylum seekers who were...

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Charities Applaud High Court Ruling Against Malaysia Swap Deal

Leading Australian Not for Profit Organisations – including Baptcare, Mission Australia and Amnesty Australia – have welcomed the High Court’s ruling which effectively stops the Gillard Government’s asylum seeker swap deal with Malaysia.

Refugee lawyers had asked the High Court to intervene in the government’s plans to send 800 asylum seekers – including unaccompanied minors – to Malaysia in exchange for 400 processed refuges.

In a 5-2 majority decision, the High Court found that Malaysia was not bound by law to look after the human rights of the asylum seekers, therefore the Immigration Minister could not declare Malaysia a country to which Australia can send refugees.

Not for Profit organisations are now calling on the government to consider alternative proposals to house unaccompanied asylum seeker children while their asylum applications are processed.

The Court also ruled that unaccompanied asylum seekers under the age of 18 cannot be taken from Australian without the Minister for Immigration’s written consent under the Immigration Act.

The High Court ruled that the Minister cannot send asylum seekers to a country for processing unless the country is legally bound (by international or domestic law) to:

• provide access for asylum seekers to effective procedures for assessing their need for protection;
• provide protection for asylum seekers pending determination of their refugee status;
• and provide protection for persons given refugee status pending their voluntary return to their country of origin or their resettlement in another country.
• In addition to these criteria, the Migration Act requires that the country meet certain human rights standards in providing that protection.

The Court also held that the Minister has no other power under the Migration Act to remove from Australia asylum seekers whose claims for protection have not been determined.

Along with Melbourne’s Crossway Baptist Church – whose members offered to accommodate and care for unaccompanied asylum seeker children for free – Baptcare and Mission Australia had campaigned to stop the Gillard Government from

Baptcare’s Chief Executive, Mr Jeff Davey says they welcome the High Court ruling, and implore the government to consider alternative proposals to house unaccompanied asylum seeker children.

Davey says Baptcare would welcome the opportunity to work with government to create options to release asylum seeker children into the community where they will have access to the supports that every child deserves,” said

Dale Stephenson, Senior Pastor of Crossway, says the offer made to the government to accommodate and care for the children still stands. He says asylum seeker children should get a chance to be looked after in the community which is far more beneficial to the child's long term wellbeing while their asylum application is processed

Lawyer David Manne, the director of the Refugee and Immigration Legal Centre, who brought the case before the High Court told journalists there was a real sense of relief following the finding.

Human Rights advocacy organisation Amnesty International described the ruling as a landmark victory for human rights.

Amnesty International refugee spokesman Dr Graham Thom says they are delighted that the High Court has prevented this outrageous, politically- motivated scheme from going ahead.

Dr Thom says Malaysia is clearly not a safe destination for refugees and asylum seekers. The Government should never even have contemplated outsourcing Australia's refugee protection obligations to a country which regularly canes, detains and abuses asylum seekers, and which refuses to sign the UN Refugee Convention.

He says now that the High Court has put an end to this sorry saga, it's time for common sense to prevail. Australia should treat all asylum seekers equally, regardless of whether they come by boat or by plane. All asylum seekers should be processed on the mainland in accordance with our obligations under the UN Refugee Convention.

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in associazioni, Australia, immigrati, immigrazione, Malaysia, onlus, rifugiati, Volontariato

14:41

Charities Applaud High Court Ruling Against Malaysia Swap Deal

Leading Australian Not for Profit Organisations – including Baptcare, Mission Australia and Amnesty Australia – have welcomed the High Court...

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