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Power and Resistance. Everyday Resistance to Immigration Detention

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Human Rights, Refugee Protest and Immigration Detention
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Abstract

This chapter explores Foucault’s concepts of power and resistance and argues that detainees are not submissive recipients of state power, but retain and use agency throughout their detention. The chapter explores different detainee analyses of immigration detention and politics, outlines some of the strategic and political debates former detainees had within detention centres, presents different ethical and pragmatic frameworks used in decisions of strategy and tells three detainee stories as case studies.

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Notes

  1. 1.

    The term Muselmann was used by concentration camp inmates to describe fellow inmates who had lost ‘all consciousness and all personality’ (Agamben 1998, 185) and who were consequently indifferent to all around them, whether pangs of hunger or cold, beatings from guards or approaches from fellow inmates. The Muselmann was described by Primo Levi in his account of his own experiences during World War II, If This be a Man. Agamben takes Levi’s figure of the Muselmann to explore the ambiguous philosophical terrain in which ‘life’ and ‘death’, and zoē (‘the simple fact of living common to all living beings’ [Agamben 1998, 1]) and bios (living proper to an individual or group’ [Agamben 1998, 1]) become indistinct.

  2. 2.

    Some people in detention did collapse into a state which might resemble Agamben’s Muselmann (Shayan Badraie, whose story is partially told later in this chapter, is a dramatic example of this). But when such collapses occurred, others around the person rallied and exercised their own power in many different ways on behalf of the Muselmann. There is an insufficiently critical acceptance of representations of detainees as ‘passive victims’ and the dominance of this view serves to further mask the agency of the majority of detainees who resisted throughout and beyond their detention.

  3. 3.

    Separation detention refers to the holding of a detainee in a separate compound with others who have arrived on the same boat. Separation detention is described by the Department of Immigration as a ‘management tool through which the integrity of Australia’s visa determination process is maintained’ (HREOC 2005, section 3). The primary purpose of separation detention is to prevent communication with others who have already had immigration interviews and legal advice to prevent earlier arrivals ‘coaching’ new arrivals in the process and criteria that they must meet to trigger the protection visa application process (HREOC 2004, 240, 2005, section 3; JSCM 2000, 33). During this stage of detention no telephones, faxes, newspapers, television, radio or any form of communication with other detainees or with people in the Australian community is permitted (Commonwealth Ombudsman 2001, 13; HREOC 2004, 11, 240, 254, 2005, sections 3 and 4).

  4. 4.

    Hon Philip Ruddock was the Minister for Immigration from 1996 to 2003.

  5. 5.

    Some government backbenchers were an exception to this but there was no discomfort publicly expressed by government Ministers.

  6. 6.

    The Badraie family’s real names are used here as their story is well documented in the public sphere.

  7. 7.

    A distance of approximately 900 kilometres.

References

  • Agamben, G. (1998). Homo Sacer. Sovereign power and bare life. Stanford: Stanford University Press.

    Google Scholar 

  • Australian Broadcasting Corporation (ABC). (2001). Liberals accused of trying to rewrite history. Lateline, November 21. Transcript. Retrieved January 3, 2009, from http://wwwabc.net.au/lateline/ (home page).

  • Cable News Network (CNN). (2001). No day pass for detained doctor, December 9. Retrieved August 29, 2011, from http://articles.cnn.com/2001-12-09/world/aust.refugee.detention_1_asylum-seekers-philip-ruddock-detention-centers?_s=PM:asiapcf

  • Carlton, B. (2007). Imprisoning resistance. Life and death in an Australian Supermax. Sydney: Institute of Criminology Press.

    Google Scholar 

  • Commonwealth Ombudsman (2001). Report of an own motion investigation into the Department of Immigration and Multicultural Affairs’ immigration detention centres. Canberra: Commonwealth Ombudsman.

    Google Scholar 

  • Crowley-Cyr, L. (2005). Contractualism, exclusion and ‘madness’ in Australia’s ‘outsourced wastelands’. Macquarie Law Journal, 5, 81–102.

    Google Scholar 

  • Everitt, J. (2001). Suffer the children. Sydney Morning Herald, August 1. Retrieved November 12, 2010, from http://smh.com.au (homepage).

  • Everitt, J. (2008). The bitter shore. Sydney: Pan Macmillan.

    Google Scholar 

  • Foucault, M. (1976). The history of sexuality, Volume 1 (R. Hurley, Trans.). London: Penguin Books.

    Google Scholar 

  • Foucault, M. (1997). Society must be defended. Lectures at the College de France 1975–76 (D. Macey, Trans.). London: Penguin Books.

    Google Scholar 

  • Hassan, T. (2001). Asylum seeker honoured. AM, ABC Radio, December 10, 2011. Transcript. Retrieved August 25, 2011, from http://www.abc.net.au/am/stories/s436257.htm

  • Human Rights and Equal Opportunity Commission (HREOC) (2004). A last resort? National Inquiry into Children in Immigration Detention. Sydney: Human Rights and Equal Opportunities Commission.

    Google Scholar 

  • Human Rights and Equal Opportunity Commission (HREOC) (2005). Report of an inquiry into complaints by immigration detainees concerning their detention at the Curtin Immigration Reception and Processing Centre: HREOC Report No. 28. Sydney: Human Rights and Equal Opportunities Commission.

    Google Scholar 

  • Joint Standing Committee on Migration (JSCM) (2000). Not the Hilton. Immigration detention centres: Inspection report. Canberra: Commonwealth of Australia.

    Google Scholar 

  • Kenny, M. A., Silove, D., & Steel, Z. (2004). Legal and ethical implications of medically enforced feeding of detained asylum seekers on hunger strike. eMedical Journal of Australia, 180(5), 237–240.

    Google Scholar 

  • Maley, W. (2003). Asylum-seekers in Australia’s international relations. Australian Journal of International Affairs, 57(1), 187–202.

    Article  Google Scholar 

  • Manne, R. (2001). Punishing toll of detention centres. The Press, December 11. Retrieved August 29, 2011, from http://business.highbeam.com/62849/article-1P2-17459784/punishing-toll-detention-centres

  • Nowak, R. (2001). Detention destroys asylum seekers’ mental health. New Scientist, December 19. Retrieved August 29, 2011, from http://www.newscientist.com/article/dn1707-detention-destroys-asylum-seekers-mental-health.html

  • O’Neill, M. (2008). Blind Conscience. Sydney: University of New South Wales Press.

    Google Scholar 

  • Pugliese, J. (2002). Penal asylum: Refugees, ethics, hospitality. Borderlands, 1(1). Retrieved December 21, 2014, from http://www.borderlands.net.au/vol1no1_2002/pugliese.html

  • Robbins, I., MacKeith, J., Davison, S., Kopelman, M., Meux, C., Ratnam, S., et al. (2005). Psychiatric problems of detainees under the Anti-Terrorism Crime and Security Act 2001. The Psychiatrist, 29, 407–409.

    Google Scholar 

  • Robjant, K., Hassan, R., & Katona, C. (2009). Mental health implications of detaining asylum seekers: Systematic review. British Journal of Psychiatry, 194, 306–312.

    Article  Google Scholar 

  • Rogalla, B. (2003). Modern-day torture: Government sponsored neglect of asylum seeker children under the Australian mandatory immigration detention regime. Journal of South Pacific Law, 7(1). see: http://www.paclii.org/journals/fJSPL/vol07no1/11.shtml

  • Ruddock, P. (2002). Asylum seekers and health care. Medical Journal of Australia, 176(2), 85.

    Google Scholar 

  • Stephens, T. (2002). Freed asylum seeker looks for Australia’s soul. Sydney Morning Herald, October 9. Retrieved August 26, 2011, from http://www.smh.com.au/articles/2002/10/08/1034061205727.html

  • Sultan, A., & O’Sullivan, K. (2001). Psychological disturbances in asylum seekers held in long term detention: A participant–observer account. Medical Journal of Australia, 175(11), 593–596.

    Google Scholar 

  • Tazreiter, C. (2006). Security and the use of state violence. Justifications and limits in the treatment of asylum seekers. In J. Madeira & I. Gozaydin (Eds.), Evil, law and the state. Oxford: Inter-Disciplinary Press.

    Google Scholar 

  • Whitmont, D. (2001). The inside story. Four Corners, ABC Television, August 13. Transcript. Retrieved February 16, 2012, from http://www.abc.net.au/4corners/stories/s344246.htm

  • Zannettino, L. (2008). En/countering the camp: Bare life, bio-politics and diaspora in Australian refugee communities. Presented at Diasporas: Exploring critical issues. Inter-disciplinary. Net First Global Conference. University of Oxford, Oxford, July 5–7.

    Google Scholar 

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Fiske, L. (2016). Power and Resistance. Everyday Resistance to Immigration Detention. In: Human Rights, Refugee Protest and Immigration Detention. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-58096-2_3

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  • DOI: https://doi.org/10.1057/978-1-137-58096-2_3

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  • Publisher Name: Palgrave Macmillan, London

  • Print ISBN: 978-1-137-58095-5

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