Written by Freya Osterberg and Claudia Hayman
The article reflects the opinions of the contributors, with the UNSW Law Society Inc. proud to facilitate their publication. UNSW Law Society Inc. is not affiliated with any political party.
Covid-19 doesn’t discriminate. Yet the Australian Government’s response to it does.
A recent case launched by the Human Rights Law Centre voices the community’s mounting concern for the vulnerability of refugees in detention. The plaintiff, a chronically ill refugee, has exposed the hypocrisy of a government that mandates physical distancing and limited gatherings and yet does not provide the environment necessary for refugees to abide by these laws.[1] The HRLC argues on behalf of the man that the federal government has a duty of care to the detainees which cannot be met in their current conditions.
The man is one of 1,400 imprisoned refugees, all of whom have risked their lives to come to Australia only to have their lives risked by the government’s neglect of their basic human rights. The tragedy is that such neglect isn’t a novelty of the crisis, it is only another growth on the underbelly of Australia’s disregard for international refugee treaties and the humanity of those seeking asylum on its shores. It is a deepening of the cracks in a system these people are already falling through.
The President of the Australasian Society for Infectious Diseases, Professor Josh Davis, has warned that it is “not possible to practise social distancing” in the detention centres and that, should the virus enter, it is “likely to spread like wildfire”. Crowded food halls, common bathrooms and small bedrooms shared between up to six people bear witness to this likelihood, with cramped communal spaces even holding over 35 people at one time. Detainees also have limited access to the hygienic products necessary to safeguard their health, often facing shortages of soap, hand sanitiser and toilet paper. Preventative measures against the entry of the virus are also inadequate. Detainees are frequently transferred between centres and the staff are reported to enter and exit the facilities without gloves or masks. These circumstances have led the Australian Department of Health to declare these people as being among those “most at risk” to the virus.
Perhaps unsurprisingly, these conditions have sparked resistance, as seen in the protest at Western Sydney’s Villawood detention centre. Three detainees camped out on the rooftop over several days whilst others engaged in a hunger strike, demanding COVID-19 testing and their release into the community. The government’s response was swift and indifferent — the armed NSW riot squad abruptly ended the peaceful protest and the detainees were moved to another facility, no better than the first. According to Refugee Action Coalition spokesman Ian Rintoul, the response has “done nothing to rectify the inherent risk that is associated with the detention environment”.
They evidently ignored the protestors’ banners which read, “We are human too”.
If we cast our gaze internationally, it is extremely grounding to learn that more than 1% of humanity, as of 18 June 2020, are classed as refugees or internally displaced persons; an unprecedented 79.5 million people.
Of the 216 countries affected by COVID-19, 134 are considered refugee-hosting. The need to support the local population as well as adequately provide for asylum-seekers does not seem to be a challenge many are succeeding with.
Deadly tribal wars in the Democratic Republic of the Congo have forced thousands of refugees to flee to the Ugandan border. Having closed their borders to protect its citizens from internationally transmitted coronavirus, Uganda has been hesitant to allow an influx of refugees. However, in collaboration with the United Nations High Commissioner for Refugees, and with special COVID-19 task forces in place, Uganda hopes that if they open for a few days, and screen all incoming individuals, they can prevent the spread among refugee settlements. However, even if they do control the spread, Uganda will still face the issue of providing food rations and health care for the 5000 refugees as well as their own population. At present, it seems that current resources are insufficient – already operating below “worst-case scenario” they have cut rations by 30% and see no signs of reversing this in the near future.
Moving now to Asia, Myanmar is facing intense international scrutiny for its treatment of Rohingya Muslims, but options for refugees attempting to flee the Rakhine State are limited. Just across the border is Bangladesh’s Cox’s Bazar – the world’s largest refugee camp. Under any other circumstances, it may seem like the preferred option, but now, refugees seeking asylum are not only facing exacerbated psychological trauma from restrictions and attempted social distancing, but the real risk of contracting and potentially dying from coronavirus due to inadequate sanitation, little to no availability of masks, and scarce medical support. The lack of internet service in camps like these means that as medical leaders around the world are constantly disseminating information on how best to respond and support populations – these refugees are left guessing, hoping heat exposure and prayer will be enough.
In the United States, Louisiana currently has the greatest number of new immigration detention facilities housing refugees fleeing violence in Honduras, Guatemala, El Salvador, Cuba and even parts of West Africa and South Asia. Not only has COVID-19 threatened the health of these incoming refugees, with up to 1400 testing positive, but social distancing laws have prevented many from speaking with their lawyers. In Spring this year alone, just as COVID began to peak in the United States, over 232 deportation flights back to Latin America were carried out – many of these including those individuals who had tested positive for COVID. Failure to isolate and treat these individuals meant COVID continued to spread in already vulnerable populations of Guatemala, Colombia, Mexico and Haiti. Despite the protests and hunger strikes in two of these detention centres in Louisiana drawing attention to the inadequate and unsafe conditions in response to COVID-19, little has been done to abate these concerns, and support the vulnerable populations.
Jewish global refugee agency HIAS estimates 70% of those displaced can no longer meet needs for basic food (compared with 15% before the pandemic) and 75% can no longer access health services.
Regardless of where you are internationally, refugees are faced with the impossible Catch-22 of remaining at ‘home’ and risking persecution and violence, or seeking asylum elsewhere, almost knowing that the conditions will be unsafe and unsanitary, and COVID-19 might prevent their circumstances from improving at all.