The peak body for Indigenous legal services has become the latest to criticise proposed new laws impacting children in Queensland, arguing they will inflict "devastating harms" on First Nations communities.
Last week, legislation introduced into Parliament would see the removal of the principle of detention of children as a last resort - a basic tenet of international conventions Australia has ratified, and of the Royal Commission into Aboriginal Deaths in Custody.
Furthermore, children will be able to be sentenced to life in prison for five offences, including manslaughter, grievous bodily harm, and burglary.
If found guilty of murder, they must be sentenced to life, with a minimum non-parole period of 20 years.
The National Aboriginal and Torres Strait Islander Legal Services (NATSILS) has labelled the legislation "dangerous," arguing it ignores all evidence on what makes communities safer.
NATSILS chair Karly Warner said by allowing children to be treated like adults, Queensland Premier David Crisafulli was guaranteeing Indigenous children would be incarcerated more, and for longer.
"If these laws go through, they are an endorsement of inflicting devastating harms on our children, families and communities that will take generations to recover from," Ms Warner said.
"If the government was serious about its commitment to 'put victims first', then it would implement evidence-based policy that can reduce crime. These laws have no hope of doing that."
The legislation was tabled with a statement of compatibility with human rights, a requirement under the Human Rights Act. It is written in the name of the Attorney General, Deb Frecklington
Minister Frecklington acknowledged the new bill would violate human rights and said the state would suspend the Human Rights Act—the third time in less than two years it had been done.
She accepted that more children would likely end up in adult watch houses, where there are "limitations to the protection from cruel, inhuman or degrading treatment … and the right to humane treatment".
The statement read: "The amendments will treat children less favourably than adults in the same circumstances and therefore directly discriminate on the basis of age, limiting their right to enjoy their right to liberty without discrimination, their right to equal protection of the law without discrimination and their right to equal and effective protection against discrimination."
"This will, in essence, create a sentencing system where adults are better protected from arbitrary detention than children."
Furthermore, it states the legislation "will lead to sentences for children that are more punitive than necessary to achieve community safety".
Minister Frecklington said in the statement: "I also recognise that, according to international human rights standards, the negative impact on the rights of children likely outweighs the legitimate aims of punishment and denunciation."
Ms Warner said the country needed to support young children - many of whom suffer from trauma, disability, and/or have complex needs - not lock them up.
"Locking children up deprives them of access to effective rehabilitation and entrenches them in perpetual cycles of trauma, violence and government neglect that led us here in the first place," Ms Warner said.
She argued instead of trying to look 'tough,' governments had a responsibility to ensure they were reducing crime.
"This means investing in prevention and early intervention programs, especially those which are delivered by Aboriginal and Torres Strait Islander Community-Controlled Organisations and are on Country for Aboriginal and Torres Strait Islander young people, to give them the best chance of success," Ms Warner said.
