GENEVA – Two independent human rights experts on torture and indigenous peoples respectively* today sharply criticised state and territory youth justice systems in Australia, where disproportionately large numbers of Aboriginal and Torres Strait Islander children continue to be jailed.
“The various criminal legal systems operating in Australia appear to be in crisis nationwide,” said Alice Jill Edwards, the Special Rapporteur on torture and Albert K. Barume, Special Rapporteur on the rights of Indigenous Peoples. “Children are suffering undue harm to their safety and well-being, as well as to their educational and life prospects as a result of short-sighted approaches to youth criminality and detention.”
In a letter to Australian authorities, the experts expressed considerable concern about a bill proposed in Queensland that is due to be adopted this week.
“Many new or proposed state laws, including Queensland’s Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill, are incompatible with basic child rights,” the experts said. “If passed, the Queensland bill would result in additional adult penalties being applied to children for a wide range of offences. This would have an especially negative impact on the lives of indigenous children, who are already disproportionately represented in the criminal legal system. We urge members of the Queensland Parliament to vote against the bill.”
The experts propose a child-centred approach that reflects international law and best practice. This should involve more comprehensive strategies in tackling young people’s anti-social and criminal behaviour.
The age of criminal responsibility in most Australian states and territories is 10. This is younger than in most other industrialised countries. Australia has been widely criticised for not adhering to international recommended standards.
“The first goal should always be keeping children out of prison. We are extremely concerned that present approaches are creating a future under-class of Australians,” the experts said. “Juvenile facilities should prioritise education and rehabilitation to support childhood development. Criminal justice reform alone does not result in fewer anti-social or criminal behaviours.”
The experts stressed that the allegations constitute violations of Australia’s international obligations with regard to children, including the obligation to protect them from torture and other forms of cruel, inhuman or degrading treatment or punishment, treat them humanely and with dignity at all times, and prioritise their best interests in all decisions affecting them.
Alice Jill Edwards,Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Albert K. Barume, Special Rapporteur on the rights of Indigenous Peoples.
Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.
Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/
For inquiries and media requests, please contact: hrc-sr-torture@un.org
For media inquiries related to other UN independent experts please contact Maya Derouaz (maya.derouaz@un.org) or Dharisha Indraguptha (dharisha.indraguptha@un.org)
Follow news related to the UN’s independent human rights experts on X: @UN_SPExperts
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