The rights of First Peoples are unsafe in the hands of states and territories, the UN Special Rapporteur on the Rights of Indigenous Peoples has said, arguing it is the Commonwealth's responsibility to uphold human rights in Australia.
Earlier this month, National Indigenous Times reported that the Special Rapporteur, Albert K. Barume, would be blocked from visiting youth detention facilities in Darwin and Townsville on his visit, with the two governments also refusing to engage with him and his team.
Despite being prevented from visiting youth prisons, Dr Barume said it wasn't the state and territory governments' "duty" to engage with him.
"If you cannot be subjected to international scrutiny, you should not be in charge of human rights," he argued.
"The Commonwealth government is the state responsible for international human rights standards in Australia.
"On a daily basis as a Special Rapporteur, I write letters to states. Technically speaking, I can't be writing to the Northern Territory. Northern Territory doesn't have the numbers in Geneva. There is one subject of international law in this country, and it is the Commonwealth state."
He added: "You cannot invoke your domestic legislation to breach...international standards. You cannot do that."
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Speaking to reporters on Friday, Dr Barume said his visit was the third by an Indigenous Special Rapporteur, with many of the recommendations from the previous two reports remaining unfulfilled.
"The state of protection of Indigenous peoples' rights is a bit embarrassing," he said.
"I am convinced Indigenous peoples' rights, meaning Aboriginal and Torres Strait Islanders' rights, are unsafe in the hands of states and territories."
He argued that the Commonwealth Government is the primary and sole body responsible for delivering human rights in Australia.
"This is my opinion," he said. "There are not two. There are not three. There are not seven. States are not duty-bearers for human rights.
"There is only one respondent."
The rights of First Peoples shouldn't change from state to state, he said, depending on "political agendas" and "discretionary programs".
"We're talking about human rights. Human rights should never be optional. Human rights cannot be optional.
"Every human being should enjoy all human rights on equal footing in a country."
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Across the country, governments — both Labor and Liberal — have been criticised by human rights groups for introducing laws in direct violation of the Closing the Gap agreement.
Suicide rates, adult imprisonment, children in out-of-home care and the proportion of children developmentally on track continue to worsen, according to the Productivity Commission's 2026 Closing the Gap report.
In several jurisdictions — including Queensland and the NT — youth detention numbers are also worsening.
The federal government has repeatedly refused to intervene in state and territory criminal justice systems, arguing it lacks the constitutional authority to do so.
This is despite receiving legal advice that it can intervene in some areas under Australia's international human rights obligations.
In a statement, Senator Lidia Thorpe said Australia has no "federal human rights act or bill of rights to protect people, so the violations and harm continue".
"We are so far behind other countries; it needs to change," she said.
"The Prime Minister can act, but right now he is putting this country to shame. We are being exposed on the international stage for the way we treat First Peoples."
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During his press conference, the Special Rapporteur — who has been touring the country over the last fortnight — also expressed shock at revelations that pregnant women in custody were still being shackled.
"When I heard about it, I didn't believe it," he said. "I had to double-check."
Last month, a Senate inquiry recommended rejecting a private member's bill — introduced by Senator Thorpe — to ban the shackling of women during childbirth as well as banning the strip-searching of children under the age of 18, with both major parties declining to vote for it.
Dr Barume argued that protecting the rights of First Peoples should be apolitical, with the benefits extending to all Australians. Instead, some of the things he saw and heard are "embarrassing" for a modern state.
"The current treatment and level of enjoyment of rights by Indigenous people in Australia is really hurting Australia's international reputation," he said.
"The pain, the suffering, and the... inhuman treatment of Indigenous peoples in this country is something that should not depend on national context. It's something I don't think any Australian would be proud of.
"I met people who looked as if they were completely emptied of existence. Young Indigenous people who could not explain why they are in this predicament. What wrong did they do to live in such conditions in a country that's ancestrally belonged to them?"
