The United Nations' finding that the overrepresentation of Indigenous children in the criminal justice system "reflects systemic and structural racial discrimination" is another sign the Prime Minister needs to act, according to the National Aboriginal and Torres Strait Islander Legal Services (NATSILS).
The comments come after the UN Committee on the Elimination of Racial Discrimination this week cited the extreme rate of Indigenous young people in prison, racial profiling, the low age of criminal responsibility, over-policing and ill-treatment in detention as evidence of racial discrimination in Australia.
Responding to a complaint lodged last year by Indigenous international law experts Professor Megan Davis and Associate Professor Hannah McGlade, the Committee expressed "grave concern that Indigenous children and communities continue to face racial discrimination in the enjoyment of economic, social and cultural rights, including education, healthcare, social security and housing".
They added they are "gravely concerned" about reports of "inadequate conditions and healthcare services in detention facilities for children, detention of Indigenous children with adults and holding them in solitary confinement for prolonged duration, ill-treatment and the use of spit hoods, and cases of self-harm and suicide by Indigenous children in detention".
Despite making up only 6.5 per cent of children aged 10 to 17 nationwide, Indigenous children and young people account for 65 per cent of the youth prison population, according to the latest data.
The federal government has been criticised by some bodies for not doing enough to combat youth justice policies introduced by state and territory governments that contradict Australia's human rights obligations and Closing the Gap commitments.
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NATSILS chair Nerita Waight said the UN findings reflected growing concern about Australia's child incarceration policies.
"This is yet another warning flare to the Prime Minister that Australia is heading down a dangerous path," she said. "Aboriginal and Torres Strait Islander children are being sacrificed so that state and territory governments can score political points."
The Committee pointed to "racial profiling in law enforcement operations and the over-policing" of Indigenous communities as evidence of discrimination, along with recently changed laws in several states — including Victoria and Queensland — under which "harsh adult penalties...applied to Indigenous children — including life imprisonment in some cases".
Victoria, Queensland and the Northern Territory have all passed legislation removing detention as a last resort when sentencing children for some offences, contrary to recommendations from the Royal Commission into Aboriginal Deaths in Custody. Children are also regularly held in solitary confinement.
Dr McGlade, an expert member of the UN Permanent Forum for Indigenous Issues, said the Committee's statement "highlights serious violations of the treaty prohibiting race discrimination".
"We say we are a country that condemns racism, yet it is evident that the criminal justice systems and laws are racially discriminatory. The Albanese Government can't simply neglect its obligations under international law," she said.
"We want to see leadership from Prime Minister Albanese, who must lead with integrity and ensure that racism is resoundingly rejected for First Nations children."
Last month, more than 200 lawyers, academics, advocates and Indigenous organisations signed an open letter to Prime Minister Anthony Albanese urging him to treat the over-incarceration of Aboriginal and Torres Strait Islander children as a national emergency.
In response, a government spokesperson said "only states and territories can set justice policies" and that "where we can, we are working to support early intervention diversion and, importantly, reduce recidivism".
The position contradicts legal advice obtained last year by the Justice and Equity Centre — and provided to the government — from barristers Kate Eastman AM SC and Emma Dunlop, which found the Commonwealth could intervene under section 51(xxix) of the Constitution to meet its international human rights obligations.
Ms Waight said the Commonwealth had both the "legal authority and the moral obligation to enforce our national human rights obligations".
"The world watchdog for racial discrimination is calling Australia out for its blatant disregard for children's rights and its persistent racism. This is shameful," she said.
"The Prime Minister cannot ignore this. In years to come, he can't say he didn't know. "We are urging the Prime Minister to call an emergency summit on youth justice. We are waiting and the world is watching."
