Abstract
In August 2019, academics, practitioners and advocates as well as individuals with lived experiences of confinement, came together at the University of Melbourne to reflect on the parallels between the spaces and practices of care and control in diverse sites of confinement. This research workshop sought to generate insights into places of confinement from varying perspectives. In the following dialogue between former migration support worker, Judge, and one of the editors of this Special Themed Collection of papers, Loughnan, the daily violence of Australia's immigration detention system is brought to light. Judge shares her stories of working in regional offshore processing centres. This provides important insights into the Australian government's border protection policies, described as one of the harshest in the world. Judge witnessed this first-hand when she was employed by the Australian Government to implement these policies and laws as a migration support worker. During this time, she was consistently faced with a tension between her role responsibility and her ethical obligations to others. The decisions she made to document these practices, to resist and then speak out have had a lasting impact on her: she says she is compelled to continue to document these stories, despite the severity of potential criminal repercussions for doing so under ‘gag orders’ on imposed on detention staff through laws enacted by the Australian Government.
Introduction
The Australian government has one of the harshest border protection policies globally (Vogl and Methven, 2017). Although a signatory to the Convention relating to the Status and Protection of Refugees, Australia deploys a harsh, punitive border protection regime. The policy is also underpinned by racist narratives and attitudes, as Judge attests below, showing how racialised hierarchies are perpetuated through the enactment of border practices (Parmar, 2020: 179).
Australia has had a policy of mandatory immigration detention since 1992. In 2001, however, the then Liberal Federal Government dramatically intensified its border protection policy, introducing regional ‘offshore processing’ for all seeking asylum who sought to arrive on Australian territory without being first processed in a transit country. Under Australian law (Migration Act, 1958) this included all those designated as ‘unauthorised maritime arrivals’, that is, those arriving by boat, without prior authorisation. 1 These new laws require that they be detained and processed in neighbouring Pacific nations such as Nauru and Papua New Guinea (PNG; Phillips and Spinks, 2013). Regional processing has been characterised by poor access to services, including legal support, and appalling conditions, as Judge describes below. Criticism of human rights breaches (Australian Human Rights Commission, 2020; Grewcock, 2017: 72–73) led to the abandonment of offshore processing by the Labour Government in 2008, only to be revived in 2013 by another Labour Government. Following re-election late in 2013, the Liberal Government not only retained this policy but strengthened its powers under its ‘Operation Sovereign Borders’ programme, by undertaking boat ‘turnbacks’ through naval interdiction. Detention centre conditions worsened. Twelve refugees have died in regional processing centres and there have been horrific stories of abuse, sexual assault and violence, including against children (Lowth, 2017).
The system has been characterised by persistent, systemic corruption and abuse (Dehm, 2020). Immigration detention settings are often so toxic that they also impact those working in these places. Many witness complex harms that are typically beyond their capacity to address (Loughnan, 2021). The effects of witnessing such despair and violence and the impossibility of forgetting were already evident in the system in 2003: You can't walk away from a place like this and forget it. The riots, the frustration, the lack of support from head office, seeing strong people break down – and I’m talking about detainees and staff (former Migration Manager at Woomera Detention Centre, cited in Whitmont, 2003)
Such reflections are not intended to divert attention away from violence inflicted upon those seeking asylum. Rather, they point to the scale of violence in this system: if some staff are impacted like this – yet can still walk away and have lives outside the walls of these sites – what does this tell us about the harm inflicted on those effectively imprisoned in these sites who have no such escape or relief? Judge’s testimony provides important insights into the effects of regional processing and ‘Operation Sovereign Borders’ upon families, women and children at the Nauru processing centre, and the men held in the PNG centre.
This includes stories of personal distress for Judge that she nonetheless wished to tell. In their analysis of research about Indigenous communities, Whetung and Wakefield (2018) observe the ethical risk of assuming that those subjected to institutional violence are inherently vulnerable and incapable of telling their own stories. In this vein, although Judge's experience is not comparable with those detained, her sexual identity and junior position subjected her to harm by male and senior staff members. Yet rather than undermine an ethical encounter between researchers and interviewee, preserving Judge’s voice on her own terms might actually ‘enculturate’ it (Whetung and Wakefield, 2018).
The format comprises a semi-formal dialogue between Judge and Loughnan, with the ‘flow’ of each story determined by Judge. We acknowledge that some terminology – ‘asylum seeker’ and ‘refugee’ – masks the diverse histories and aspirations of those detained but have chosen to retain them in Judge’s accounts since they reflect terminology adopted by Government and agencies.
In bringing the testimony of Judge into conversation with scholarly research, we affirm its significance in garnering a deeper understanding of these experiences within the literature, reflecting the flavour of the seminar held in August 2019, on which this collection is based. Moreover, Judge and Loughnan have worked together on other projects, bringing a shared understanding of each other’s work. 2 It builds on other research on the perspectives of those working in sites of confinement (Bosworth, 2014; Hall, 2012; Ugelvik, 2016). However, it is distinct in being dominated by Judge’s first-hand accounts. Following ‘narrative criminology’, this furthers our understanding of institutional violence and the ‘complexities of crime, harm and justice in late modernity’ (Presser and Sandberg, 2019: 131) Although narratives are often used to justify harms (Presser and Sandberg, 2019: 132) the stories recounted by Judge provide an insight into how institutional harms are enacted, how she sought to make sense of such harms and to resist them.
Judge was employed to work at the Nauru offshore processing centre and then at the Manus Island offshore processing centre between September 2012 and February 2014. In the conversation between Loughnan and Judge that follows, Judge describes what it was like to work in these settings, through vignettes or short stories. She continues to speak out about the appalling conditions in Australia's offshore processing prison camps (Afshar, 2021; Loughnan, 2020; Zajac, 2015).
Discussion
I later found out that the hiring of youths and untrained staff was intentional: we were perceived as low risk hires, as we were considered less likely to speak out. And we had minimal training and preparation for the work we were expected to do.
… had an impact on the recruitment practices of at least one organisation … Experience was not a prerequisite … Within weeks these and other young recruits would be living and working in the extreme conditions of the Nauru RPC [Regional Processing Centre], confronted with violence and despair for which they were not prepared. Some would later speak of the nightmares and trauma with which they returned – their guilt over what they had seen, what they had done, and what they had not been able to do.
5
First impressions
We arrived on site and went into the office which was still under construction. The first thing I noticed was a sign on the wall which read was: ‘all staff to be trained on the use of Hoffman's knives’. ‘What's a Hoffman's knife?’ I asked. ‘A knife used to cut people down when you find them hanging’ was the response. This was the beginning of my reality check.
Nicole Judge, soon after arrival at Nauru Offshore Processing Centre.
We entered the camp with no induction. There were 60 Sri Lankan men inside. Nauru's detention centre had only just reopened after having earlier operated between 2001 and 2008, and we were expecting up to 1000 men to arrive over the course of a few months. The camp was built in the central crevice of an old phosphate mine which was very dusty, extremely hot and it already stunk of faeces as there was no sewerage system. There was one lone tree providing minimal shade, where the men gathered. I attempted to introduce myself to the people detained there; I was immediately asked the following three questions, which I would be asked almost daily over the next 18 months: ‘Why are we here?’ ‘How long are we going to be here for?’ ‘Why can't they let us be free?’ I had no answers to these questions, and when I asked the Salvation Army staff for answers, none could be provided. I was told that I should never give asylum seekers any hope and that I should simply answer ‘I didn't know’ to all questions. Any information provided to the ‘detainees’ on their situation and how to assist them, was a dismissible offence, including providing details of lawyers, advocates, or other interested parties who might provide support and advice.
I stayed over 18 months at Nauru and Manus, much longer than I had planned. I had begun to form friendships with the men and others detained there and couldn't bear the thought of leaving them stuck on the island. While at Nauru, we received 500 single men at the camp. Every time I saw a plane coming into land with incoming detainees, I felt distressed. I prepared for intake, had a list of ‘ID numbers’ 7 to greet, and went through their possessions. When the asylum seekers arrived, I was made to inspect and hold up their belongings, usually a couple of plain T-shirts, shorts, and jocks, to make sure there were no mobile phones, iPods, or self-harming tools concealed within these items. I handed out bottled water and warned them not to drink the tap water.
When officer call me ‘0276’, I said ‘Oh God! I’ve got name. Your donkey, er your dog and your cat has name. I’m a human like you. Don't call me by number’.
We know that dehumanisation occurs in stages, commencing with naming practices that dehumanise a person – that is using ‘numbers’ rather than names – which foster ethical detachment. Violence is thus enabled by processes of detachment typically based on ethnic and racist ‘othering’ (Bauman, 1989). Can you tell us a bit more about such instances of systemic and discursive violence?
Your stories are critically important considering the Australian government's introduction of ‘gag orders’ on staff in the immigration detention network (Tazreiter, 2020: 198). These secrecy provisions in the Migration Act have been sweeping in their application, applying to anyone providing ‘services’ to the Department: the criminal consequences have had a ‘chilling effect on the disclosure of publicly significant information’ (Gleeson, 2016: 275: Nethery and Holman, 2016: 1026). What motivated you to speak out, in the face of possible criminal charges, and a prison sentence?
For example, on one occasion, while I was working in Nauru, a young Iranian man who had been on hunger strike for nearly 50 days, became unwell: he was emaciated and wearing pyjamas draping off his body. He asked me to take him to ‘medical’. 8 I notified the guards who said he should make this request himself. The young Iranian man got up and began walking to the gate but on the way, he collapsed onto his knees, falling forward into the dirt. He was taken out by stretcher by medical services. I felt entirely helpless and had no idea how I could truly help these men. It was then that I began toying with the idea of filming, as I knew no one would believe what I was seeing.
I had begun to form a friendship with a middle-aged Iranian man; he spoke no English, but every morning invited me over to say hello and smile. He was known as one of the most difficult men in the camp, he was often upset and yelling in Persian. He was beginning to fall apart, but I had built rapport with him, by telling him the English names of the food he was eating. I came in one morning and he had jumped the fence, was standing on a stack of metal and holding a large piece of glass. Everyone (including staff) was crowded around him watching. He began slashing his bare stomach in a large cross motion, screaming. I was asked to go and talk to him. I urged him to come down and back into the camp. He was suffering badly and, over the following weeks he had stitched his lips, attempted suicide numerous times, and began hunger striking. However, every morning he still offered a greeting and smile. He spent years in detention, escaping violence in Iran. But his physical and mental health declined. He also had a heart problem that was not properly treated. Sadly, he passed away alone in Sydney, shortly after he was released. Underneath his tough exterior, he was a kind gentleman.
Evidence that prolonged detention adversely affects a person's mental health and physical well-being is uncontested and has been in the public domain for at least two decades (Connor, 2007; Hedrick et al., 2020; Silove and Mares, 2018; Steel and Silove, 2001, 2006). As noted by a former director of psychiatric services in the immigration network: We have here an environment that is inherently toxic … If we take the definition of torture to be the deliberate harming of people in order to coerce them into a desired outcome, I think it does fulfil that definition (Dr Peter Young cited in Nethery and Holman, 2016: 81):
A toxic environment
Suicide attempts were not uncommon. I was often asked to go and clean up. On one occasion, when I entered the ‘Delta Compound’ at the Manus centre, I was confronted by large pools of blood, over the door to a detainee's room, on the steps, and on concrete. There was so much blood that it had a distinct smell. It was so overpowering that I had to leave and hand over the job to someone else. The man survived, miraculously. But even now when I observe roadkill, I am reminded of this scene. The sensory experiences of being there are easily provoked long after the event, triggered by similar smells, sounds and scenes. I have found it hard to forget such experiences.
Conditions at Manus Island Detention Centre, after heavy rain.
Our orientation to the camp began with a search for belongings. Australian Security held up my underwear whilst they examined my belongings. ‘We have a racy one here fellas’ as they examined my everyday clothing. And as if nothing was amiss, we were later shown around the campsite, ironically with our first stop to be shown where the bar was, down a walkway between Oscar and Delta compounds, past the medical buildings. We walked between the compounds and detained men shook the fence, yelling ‘hello! Please, help us!’ They had no shoes on, they had torn long pants and long sleeve shirts and made them into shorts and singlets, it was overbearingly hot, and again stunk of sewerage. They rattled the wire fences while the guard explained the opening hours of the bar. We walked past ‘Charlie compound’ which had a large green metal fence with thick chains: that was for ‘the crazy ones’ we were told. Detainees had no freedom of movement: even to travel 20 metres from Oscar compound to medical they were escorted in a security vehicle. I looked at my colleague and I said, ‘I don't think I can do this’. He looked back at me eyes wide and said I have ‘no words for this’.
Sleeping accommodation at Manus Island Detention Centre.
One month has passed since I was exiled to Manus. I am a piece of meat thrown into an unknown land, a prison of filth and heat. I dwell among a sea of people with faces stained and shaped by anger, faces scarred with hostility. (Boochani, 2018a: 121)
It is often assumed that it is impossible or unlikely for empathy in these settings to develop between those subjected to this violence and the guards and other staff. Yet you formed friendships with those detained there. Can you tell us about this?
You witnessed terrible conditions in these sites: there was little relief for those detained in accommodation with metal roofs and plastic walls (Fleay and Hoffman, 2014: 7). ‘Unsanitary conditions’ were directly related to high rates of diarrhoea, gastrointestinal problems, and to ‘skin and eye infections’ (Fleay and Hoffman, 2014: 7). This quickly led to unrest. Protests were a collective expression of resistance, but you have said that you were protected by those rioting despite the withdrawal of guards from the compound. Can you tell us about how this unfolded in the centre at Nauru, where you witnessed the build-up to the 2013 riot? (ABC, 2013)
People had nearly been detained for a year by this stage. As the unrest grew, most men rushed to the front of the camp to see what was going on, including one of the Iraqi men with whom I was sitting. He quickly rushed back and informed me, and another staff member, that the entrance was blocked. We could only leave through the only front exit. A protest was breaking out. Although these were common, as staff we could not evacuate. The two Iraqi men yelled out for the others to make way and guided us out of the camp, lifted a different section of the fence and ushered us safely out. There was no security guard in sight.
Later in that month, I was sitting outside the computer room, making paper boats with other detainees to see whose paper boat would survive the longest in deep puddles across the camp. One of the detainees asked me if I would still be on the island this coming weekend, as there was a protest planned: the plan was for all the asylum seekers to leave the camp and peacefully march to Nauru Airport and request freedom. When I informed them that I would still be here, the young detainee stated to me that he wished I would not be, as he had a bad feeling about what might happen to them once they leave the front gates. I was supportive of protests and encouraged them to a degree, but I was always concerned that they might get out of hand. However, when I informed security and Salvation Army management that there were rising tensions and rumours of more serious protests, managers from the Salvation Army were not concerned, and security said, ‘let them go’, implying that they were happy for the detainees to take what action they wanted, and then suffer the consequences.
However, soon after, on 19 July 2013, Kevin Rudd, the then Prime Minister of Australia, announced that ‘no one who is seeking protection who has arrived by boat, will ever be resettled in Australia’. 10 It caused significant distress to the men in the camp as it meant their resettlement was not likely. Intense protests followed: the men made signs calling for freedom, for help, and to be let go. All staff, including security guards, were evacuated. I sat in the Od’n Aiwo Hotel in the township of Boe and waited for news. Hours went by, and then sirens sounded: fire trucks had begun speeding up the hill to the camp. Security staff were preparing to enter the camp. I remember very clearly and vividly the excitement of security staff. They were putting gloves on, yelling to each other ‘it's on boys, finally, they get what they deserve, let's go!’ Packing into minivans they sped up to camp. By this stage, we could smell smoke and see fire arising from the camp. Local Nauruans started dragging metal bars up the road towards the camp. Together with other staff, I was picked up and sat in the back of a truck speeding towards the Menen Hotel; we were told to hang on to our passports and wait, to enter a hotel room and lock the door and answer to nobody. We were told by management that we may be attacked when the asylum seekers left the camp. I knew this to be completely untrue – I remember responding by saying that if the detainees leave the camp, they’ll just want to have a beer at the bar like everyone else.
I sat with my friends in the hotel room and waited for news; texts were sent through to all Digicel phones to a call for assistance for anyone to help at the processing centre; this became an open invitation for a ‘free for all’. I decided to leave the room and walk by the hotel computers. My plan was to contact Australian media and spread the word on everything that happened. However, the computers were guarded by security and there was no chance to log on.
The following morning a staff meeting was held; amazingly no one had been killed. I was shocked. However, the centre was destroyed completely, arrests had been made, and we no longer had a Salvation Army office: all files were destroyed. Convenient I thought, no records of the last 10 months. The arrests were ironic: the men were essentially already under arrest, with no chance at freedom and no future. We were reminded, as we always were, not to contact the media and that our Facebook, email, and other social media accounts were monitored. We were also reminded that we could be sued, never hold another job in community service, and could spend up to 2 years in jail under The Crimes Act 1914 for speaking out.
Following the riot, I was told I would never go back to Nauru. I was to be sent to Manus Island to work in the offshore processing centre there, along with my friends. When I asked Salvation Army management why they sent us to Manus, they implied that it was to protect us from being further exposed to more violence at the Nauru centre. Nauru was over for us: we were told we were ‘traumatised’, and the risk of re-trauma was too strong. But we soon realised that this had little to do with it. We were being punished for trying to help detainees at the detention centre at Nauru.
I later found out that I had been deemed high risk, since I had made known bonds with detainees and was being internally investigated for possible breaches, such as providing those arrested with legal contacts. To reduce this risk, I was sent to Manus Island. I did end up returning to the Nauru family camp 11 in 2014 but was denied access to ‘Bravo Camp’ where those whom I knew and had developed friendships with, were being detained. Many I never saw again. But if Nauru was bad, then the Australian Government had doubled down on Manus Island. This was far worse than Nauru. I had no choice but to enter the camp and begin work. I had work to do: I began to film and accrue information to show the world what was happening. If they knew the extent of pain and suffering there, I thought the public would never tolerate it.
Later, one evening once stationed at Manus, a man approached me with a heavily bleeding nose, blood streaming down his hands as he held a shirt to his face. When I ran over to the security checkpoint and asked the Australian guard to call medical, he looked at me as if I was crazy, but rang it through – the response from ‘medical’ was ‘tell him to stop picking it’. The guard then told me – ‘go on, tell him yourself. We can't do anything for him’. This response was common in medical cases on Manus Island, as we were usually instructed to tell the men to drink water or have a Panadol. 12 Most medical cases were attributed to dehydration and were not investigated. Conditions were extremely unsanitary. Men could take no more than a few sheets of toilet paper which they had to access from the guard's station – even during gastroenteritis outbreaks. Often there was no toilet paper available.
I brought this boy a toothbrush that I had taken from a hotel on my way to PNG. He seemed pleased. I left the compound and around 30 minutes later an alarm went out, he had attempted suicide and was being transported to medical. I rushed to my team leader and asked him what happened. He stated the boy had cut his wrists with a ‘sharp’, meaning any glass, cutting tool or razor that could be used for self-harm. I immediately thought it may have been my fault and told my team leader I had just provided him with a toothbrush. My team leader said ‘it’ll be on me’ if the boy dies as a result of sharpening down the edge of the toothbrush. I spent the rest of the day wondering if I had supplied the tool he had used and awaited an update on his condition. He survived, and I was later told he had used an aluminium can and I wasn't ‘to blame’.
On another occasion, during an evening shift at Manus, a detainee approached me and said the drinking water was possibly contaminated. It smelled and had an unpleasant taste. I went to inspect and agreed with him. He asked me to taste it myself. I refused. He said, ‘if you won't drink it, why would we?’ I approached security and asked if we could replace the water. Security refused to do so and stated they wouldn't replace it, that it ‘had only been pissed in’ and that it was fine to drink. I immediately went back to the asylum seeker men and told them to stop drinking it and discard all of the water they had been given that was like this. I went to the office and wrote a formal written complaint that the water was contaminated with urine. I left the complaint on managements’ desk. The following morning when I came to work, my complaint was in the bin and was never filed.
These sites have a history of ‘pervasive’ sexual abuse and assault (Gleeson, 2016; Vasefi, 2021) towards those detained as well as amongst staff. Clearly witnessing – and experiencing – such harassment was distressing, including incidents that you have found hard to forget.
On another occasion, quite soon into my early rotations in Nauru, I contacted three other colleagues from my former workplace in Australia, suggesting they apply to work in Nauru: they had seemed interested in the work and wanted to help however they could. Upon their arrival, as we approached the camp, we soon realised that we wouldn't be provided with our expected hotel accommodation. We were to camp instead in tents directly opposite the men's camp, with no fans, no appropriate bedding, just a stretcher and a mosquito net. My colleagues were all quite dismayed, and I encouraged them to come down to the boat harbour for a swim, to try and take our mind off the reality back at camp. We caught the transport bus down to the boat harbour – a service provided to staff to be transported to and from the camp to accommodation.
On the way, we passed the Od’n Hotel, and I saw a feral dog run out from the right side of the road. The bus driver was not slowing down, however. I yelled out to him to be careful. However, he just laughed and said ‘watch! We will speed up! Feral dogs!’ He sped the van towards the dog. I could hear the sickening crunching sound of the dog twisting under the wheels of the van, and the howling from the dog. The driver laughed and did not stop. In shock, I turned to my colleagues, seeing tears rolling down their faces, one was sobbing. When I asked the driver to stop and check on the dog, he refused, responding that letting it suffer was fine, the dogs were ‘just ferals anyway’. By the time we got to the boat harbour, it was closed due to an oil slick, and we had to return to camp. I reported this incident to management, but no action was taken. I eventually lost contact with these colleagues and had difficulty maintaining their friendship. I have not heard from them since they left the island.
In those early days, we saw armed soldiers chasing stray dogs. We later found out that the soldiers were ordered to kill a few dogs on occasion to control their population. Those dogs were already suffering from illness and hunger; you could count their ribs.
Whether animal or human, both were treated without dignity or care.
As Alpa Parmar has commented, much of the language about those seeking refuge is dehumanising and criminalising. This ‘coding’ of particular bodies in gendered and racialised ways, as ‘dangerous’, risky and ‘suspicious’ is crucial, she argues, to the constitutive power of border control practices (2020: 178). But what strikes me have been your accounts of the care extended to you by those whom the Australian Government frames as criminal and unworthy.
Calls for change
Footnotes
Declaration of conflicting interests
The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The authors received no financial support for the research, authorship, and/or publication of this article.
