UN Human Rights Council Reviews Australia's Record, Issues Recommendations

The United Nations Human Rights Council (UNHRC) has concluded its five-yearly review of Australia's human rights record, issuing over 350 recommendations from more than 120 participating countries. The review, the first since the current Australian government took office, focused on several key areas, particularly concerns affecting Indigenous Australians and the age of criminal responsibility.

Overview of the Review

The UNHRC's Universal Periodic Review process provides a platform for member states to assess each other's human rights performance. During Australia's latest review, numerous nations presented observations and recommendations across various aspects of the country's human rights framework and practices.

Key Areas of International Concern

Forty countries raised concerns regarding Australia's age of criminal responsibility, which stands at 10 years old in most states and territories. Germany, for example, advocated for raising this age to at least 14 nationwide.

The UN's Committee against Torture criticized the over-representation of Indigenous children and children with disabilities in youth detention, noting reports of verbal abuse, racist remarks, and the use of potentially dangerous restraints.

Specific detention centers, including Banksia Hill, Don Dale, and Ashley Youth Detention Centre, were highlighted for their continued use of solitary confinement. The Committee against Torture also noted concerns regarding the Northern Territory government's reinstatement of spit hoods in youth detention.

First Nations advocates and legal groups have called for the federal government to utilize its external affairs powers to establish a national age of criminal responsibility.

Australian Human Rights Commission President Hugh de Kretser stated that the current age is out of step with international human rights standards.

Fifty-five countries expressed concerns about Indigenous rights and treatment within the criminal justice system. India suggested that Australia identify the underlying causes of rising prison rates and explore non-custodial alternatives, while Ireland called for addressing barriers to education, housing, and employment that contribute to incarceration.

The Committee against Torture recommended independent investigations into all deaths in custody.

Reports indicate that Australia recorded the highest number of Indigenous deaths in custody in four decades in the past year, with over 600 deaths since the Royal Commission into Aboriginal Deaths in Custody.

The review also noted a 16% increase in people held on remand between June 2020 and December 2021, primarily driven by the pre-trial detention of Indigenous peoples. Concerns were also voiced regarding inadequate health and mental healthcare services within correctional institutions, particularly for incarcerated individuals with disabilities.

Beyond the justice system, countries participating in the review urged Australia to enhance efforts in several other areas:

• Ensuring fairer treatment for refugees and asylum seekers.
• Intensifying climate change initiatives.
• Implementing a national human rights act, with some nations like Fiji and Nauru specifically suggesting provisions addressing hate speech.

Australian Government's Response

Kathryn Haigh, First Assistant Secretary in the Attorney-General's Department, acknowledged the over-representation of Aboriginal and Torres Strait Islander peoples in the criminal justice system as a significant concern. She stated that Australian states and territories are primarily responsible for their criminal justice systems, noting that governments are collaborating through the National Agreement on Closing the Gap and the Justice Policy Partnership to address these issues.

Haigh also outlined investments made since 2021 in prisons, rehabilitation, reintegration programs, diversionary programs, and non-custodial options aimed at reducing recidivism and prison populations, particularly for First Nations peoples.

The Australian government outlined five commitments following the review:

• A review of the Disability Discrimination Act in line with royal commission recommendations.
• Increased affordable housing for Indigenous people.
• Delivery of the national Aboriginal and Torres Strait Islander plan to end domestic and family violence.
• Legislation for a National Commissioner for Aboriginal and Torres Strait Islander children and young people.
• Increased investment in dementia risk reduction and brain health.

National Indigenous Australians Agency CEO Julie-Ann Guivarra affirmed that further progress is required to achieve lasting change for First Nations people and stated the country is acting with urgency and resolve to ensure equal life outcomes for all Australians.

A spokesperson for Attorney-General Michelle Rowland affirmed the government's commitment to international obligations, highlighting a $79 million investment over four years in justice reinvestment programs for First Nations communities.

The UN Human Rights Council's report is scheduled for formal adoption.