Nationality
7.1 Many diverse cultures and religions make up Australian society, and Australian Government programs are designed to respond to Australia's cultural diversity, in partnership with other levels of governments and community organisations. Australia's Migration program and Humanitarian program do not discriminate on the basis of race or religion. This means anyone from any country can apply to migrate or resettle, whatever their ethnic origin, gender or language background.
Migration
7.2 Australia's permanent immigration program has two components-Migration, for Skilled, Family and Special Eligibility Stream migrants; and Humanitarian, for refugees and others with humanitarian needs. Recent developments in Australia's migration policies and programs address a number of the CEDAW Committee's 2006 Concluding Comments in paragraphs 22, 23, 28, 29 and 34 about immigrant, refugee and minority women and girls.
End of offshore processing centres
7.3 Following the November 2007 election, the Australian Government moved quickly to end the policy of transferring asylum seekers to offshore processing centres in Nauru and Manus Province, Papua New Guinea. The remaining asylum seekers in these offshore processing centres were recognised as refugees and resettled in Australia by February 2008.
End of the Temporary Protection visa regime
7.4 On 13 May 2008 the Minister for Immigration and Citizenship announced the end of Temporary Protection visa (TPV) arrangements in favour of permanent protection. In his announcement, the Minister publicly acknowledged the adverse effect of TPV arrangements on women and children, particularly in relation to family reunion.
7.5 The TPV was abolished on 9 August 2008. From this date, all people found to be owed Australia's protection under the 1951 Convention and 1967 Protocol Relating to the Status of Refugees will be granted a Permanent Protection visa (PPV). The Government has also acted to resolve the status of people currently holding TPVs by providing access to permanent residence. This change will give these people the same benefits and entitlements as a PPV holder, including family reunion and access to a similar range of support services to Australian citizens, without the need to reassess protection obligations. These changes to Australia's protection policies address the concerns expressed in the CEDAW Committee's 2006 Concluding Comments in paragraphs 22 and 23 about TPV holder's access to family reunion.
Humanitarian program-Domestic violence and asylum seeker policy
7.6 Refugee women who are victims of domestic violence may apply for a Protection visa in their own right. Each person included in an application may make additional claims for protection at any stage of the Protection visa process, including during merits review. This is consistent with the CEDAW Committee's 2006 Concluding Comments in paragraph 23, recommending steps be taken to remove any adverse impact of refugee law on women, ensuring they can access protection in their own right in situations of domestic violence.
7.7 Australia supports the incorporation of a gender perspective in asylum policies, practices and training. Guidelines on gender-related persecution, including domestic violence, are available to Protection visa decision-makers to assist them in sensitively and effectively recognising and assessing gender issues. When assessing gender-related claims, decision-makers are also encouraged to take into account the information in Australia's 2002 paper Gender-Related Persecution (Article 1A(2)): An Australian Perspective for the United Nations High Commissioner for Refugees Expert Round Table Series.
7.8 Protection visa applicants who are unsuccessful at merits review may ask the Minister for Immigration and Citizenship to exercise discretionary public interest powers to substitute a more favourable decision in the public interest. Matters taken into account by the Minister in considering these requests include gender issues and domestic violence.
Women at risk
7.9 Australia maintains its Woman at Risk visa category, which provides resettlement in Australia for women who are living outside their home country without traditional support mechanisms such as the protection of a male relative and are in danger of victimisation, harassment or serious abuse because they are female. This category recognises the priority the United Nations High Commissioner for Refugees gives to the protection of refugee women in particularly vulnerable situations. Places allocated to this subclass of visa remain at 10.5 per cent of the offshore refugee allocation, which for 2008-09 was increased to 6,500, up from 6,000 in 2007-08. Since the establishment of this category in 1989, more than 8,000 visas have been granted.
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Migration program-Family violence provisions
7.10 Family violence provisions in the Migration Regulations 1994 allow people applying for permanent residency under partner visas and several Skilled Stream visas to continue with their applications after the breakdown of their relationship when family violence has occurred. The provisions were introduced in response to community concerns that some spouses and partners might feel compelled to remain in abusive relationships rather than end the relationship and be forced to leave Australia.
Improving the Temporary Business (Long Stay) 457 visa
7.11 The Temporary Business (Long Stay) 457 visa is used for employers to sponsor overseas workers to work in Australia on a temporary basis. At present, the main option for 457 visa holders who are victims of family violence is to qualify for further visas in their own right or to leave Australia when their 457 visa ceases.
7.12 The Australian Government is committed to improving the integrity and responsiveness of temporary working visas, releasing a discussion paper in June 2008 seeking stakeholder feedback on reforms to the 457 visa. It is expected that a proposed range of legislative measures will be introduced into parliament in late 2008.
Cultural and post-arrival orientation
7.13 Australian governments at all levels seek to prevent all forms of discrimination against migrant women. In 2004, the Australian Human Rights Commission set up the Muslim Women's project-Living Spirit-in response to discrimination against Arab and Muslim women wearing the hijab.
7.14 Settling in a new country can place significant strain on relationships, particularly when Australian cultural norms and expectations of the role of women are different to the previous experiences of migrants and humanitarian entrants.
7.15 The Department of Immigration and Citizenship has a range of initiatives to inform new migrants and humanitarian entrants about their rights under Australian law, including the right to gender equality. The initiatives also include providing information on support services if migrant women need assistance. This goes towards addressing the concerns outlined in the CEDAW Committee's 2006 Concluding Comments in paragraphs 28 and 29 about discrimination against refugee, migrant and minority women and girls.
7.16 The department provides a pre-embarkation orientation program for refugee and humanitarian entrants preparing to settle in Australia. The Australian Cultural Orientation program is the beginning of the settlement process. Topics covered during the course include an overview of Australia, including government; geography and climate; cultural adjustment; travel to Australia; settling in; Australian law, values and citizenship; and access to trauma and torture counselling. A special family day session is also provided, which covers issues associated with resettlement, including the shift in family dynamics.
7.17 Post-arrival orientation services and resources include:
- The Integrated Humanitarian Settlement Strategy which provides initial, intensive settlement support and orientation to newly-arrived humanitarian entrants.
- The Beginning Life in Australia booklet-which provides information on Australian law, customs and values, including the freedom, dignity and equality of men and women in Australia; respect for Australia's democratic way of life; and access to mainstream services. Each state and territory has its own version of the booklet, which is available in English and 37 community languages.
- Australia: a new home-an information DVD in six African languages, developed for African humanitarian entrants, which covers topics such as accommodation, health services and emergencies, education, budgeting, working in Australia, and Australian law and order.
- Longer-term settlement support available under the Settlement Grants program-which funds community organisations to provide practical assistance to recently arrived migrants.
- A new policing project-which involves police working with other stakeholders, to identify and encourage initiatives that build relationships between police and humanitarian communities and educate new arrivals about Australian law.
7.18 Work is also under way at the state and territory government level to assist the resettlement of refugees in Australia. For instance, in 2005 the Victorian Government provided $4.7 million over four years for a Refugee Support Package initiative. The initiative targets support to Victoria's recently-arrived refugees and humanitarian entrants by removing barriers to opportunities, offering assistance to access existing services, empowering refugees to increase their participation in the community, and providing better coordination of service delivery to refugee and humanitarian entrants.
Female genital mutilation
7.19 All state and territory governments have enacted legislation making it a criminal offence to perform female genital mutilation on any person, or to remove a child from a state or territory in which they live for the purpose of performing female genital mutilation. Most health professionals are required to report when they believe children are at risk of female genital mutilation. All health professionals are aware of this requirement and that female genital mutilation in Australia is illegal.
7.20 The Australian Government has implemented a national education program on female genital mutilation, conducted by departments of health in individual states and territories. The program's aims include preventing female genital mutilation in Australia with an emphasis on community education, information and support; and assisting women and girls living in Australia affected by, or at risk of, female genital mutilation to minimise adverse health outcomes and psychological harm.
7.21 Australia co-sponsored a resolution on ending female genital mutilation at the 52nd session of the United Nations Commission on the Status of Women in February 2008. For more information about female genital mutilation, see paragraph 10.68.
Beijing Declaration and Platform for Action
7.22 The Australian Government continues to take account of its obligations under the Beijing Declaration and Platform for Action (BPFA) as suggested under the CEDAW Committee's 2006 Concluding Comments, paragraph 34, and has taken action towards fulfilling these obligations.
7.23 BPFA, paragraph 83(p)-Australia believes that both school- and community-based education programs, which focus on mutual understanding of and respect for Australia's cultural and religious diversity, effectively combat racism and discrimination. The Living in Harmony program aims to promote respect, fairness, inclusion and a sense of belonging for everyone. The program delivers a range of funding and information activities, some of which target the specific needs of women. For more information about the Living in Harmony program, see paragraph 3.13.
7.24 BPFA, paragraph 107(a)-All Australian women have the right to informal education programs that support and enable them to acquire knowledge and take responsibility for their health. For example, a Living in Harmony program project is responding to social isolation affecting some young mothers from refugee and other backgrounds. The project brings together a group of young women to participate in educational and support activities around parenting, sexual health and other health issues.
7.25 BPFA, paragraph 124(g)-Strategies are in place to assist law enforcement agencies to respond sensitively to the needs of women of ethnic and religious minorities who experience violence. Some of the Living in Harmony program projects bring together women from different cultural and religious backgrounds with local law enforcement personnel to build networks of understanding and communication.
7.26 BPFA, paragraph 124(k)-In a socially cohesive society, it is important that men's and women's social and cultural patterns of conduct have no prejudices, customary practices and other practices based on the idea of the inferiority of women or the stereotyping of roles. A National Action Plan to Build on Social Cohesion, Harmony and Security partnership between a peak Muslim women's organisation and the Australian Government recently developed a resource to address the misinterpretation and misapplication of Islam. This resource will be distributed through schools, universities, public libraries, government departments and elected officials.