The Northern Territory's largest Indigenous legal organisation has welcomed UN criticism of states and territories' "tough on crime" policies, which they says fail to make communities safe.
Last week, reports emerged that the UN delegation was denied access to all government-run facilities in the Northern Territory and Western Australia while assessing Australia's compliance with international standards on the "deprivation of liberty".
The UN Working Group on Arbitrary Detention condemned Australia's human rights record, saying the "gross overrepresentation of First Nations peoples in the prison population, the shocking detention of children as young as 10, and the punitive approach to migrants are human rights crises that continue to plague Australia".
Noting Indigenous people make up 3.8 per cent of the population but 35 per cent of those imprisoned, the group called for governments to "work in genuine partnership with First Nations communities" to co-design solutions, including early intervention and reintegration programs rather than punitive measures.
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Denial of access sparks concern
The North Australian Aboriginal Justice Agency (NAAJA) said it was "deeply concerned" the Northern Territory had denied the UN full access to all prisons, an unprecedented move globally.
"If conditions in NT prisons, youth detention centres and watch houses meet basic legal and human rights standards, the Government should be welcoming independent scrutiny, not blocking it," said NAAJA Chair Theresa Roe. "Refusing access raises serious questions about how far below international standards our prisons and watch houses have fallen."
A report last month by acting ombudsman Bronwyn Haack called for all inmates in NT watch houses to be removed "as a matter of urgency," highlighting inhumane conditions. Images showed 17 people crammed into one Palmerston cell, sleeping on floor mattresses, with one detainee between two toilets.
Prisoners endured these conditions for weeks and could only shower once every two days, the report said. Drinking water was limited, with some using a bubbler above the toilet, whilst women reported being watched by male officers while showering.
Since the CLP won government last year, incarceration rates have surged, with the average prison population up 15 per cent. With the age of criminal responsibility lowered to 10 and bail laws tightened, more than one per cent of Territorians are now imprisoned on any given day, nearly 90 per cent of them Aboriginal.
Earlier this year, Independent politician Yiŋiya Mark Guyula said he had written to the United Nations Special Rapporteur on the Rights of Indigenous Peoples, calling for them to visit the NT.
In response, NT Chief Minister Lia Finocchiaro said she believed the UN Special Rapporteur had "better things to do" than get involved in the prison situation in the Territory.
"We certainly have better things to do than spend resources walking around," she said. Asked if it meant she wouldn't welcome the UN's involvement, Ms Finocchiaro added: "I wouldn't be at the airport ready to shake his hand to say 'welcome,' I can tell you that much."
Systemic issues highlighted
NT Corrections Minister Gerard Maley cited "operational capacity, safety and workforce resourcing priorities" for denying access, though a UAE delegation was later allowed to visit Holtze Youth Detention Centre and Darwin Correctional Centre.
Speaking of the conditions, a NAAJA client described their treatment in NT custody as "inhumane". "I understand we're in trouble and we're there for a reason, but no one should be treated like that," they said.
"We shouldn't be living like this, especially when the majority of us in there are First Nations people. This is not what Australia is meant to look like, and I want to be a voice for my mob, so something gets done and no one has to go through it again."
Western Australia also denied UN access to Bankisa Hill Youth Detention Centre and Unit 18 inside Casuarina Prison, with Corrective Services Minister Paul Papalia stating delegates would only be given access "where safe and appropriate".
Kurin Minang human rights expert Dr Hannah McGlade told National Indigenous Times the UN working group highlighted "serious violations of human rights...especially in relation to Aboriginal people and the criminal justice system". She noted systemic problems, including mass incarceration, mandatory detention, and racial profiling.
"All of these issues and more show the legal system is built on a racism to Aboriginal people — including young children," Dr McGlade said.
The Federal Government has distanced itself from the NT and WA decisions. A spokesperson for Attorney General Michelle Rowland said: "The decision of the Northern Territory to not participate in the visit is a matter for their government. The decision does not reflect the position of the Albanese Government."
Australia is the only country besides Rwanda to have had a UN visit curtailed after the Subcommittee on Torture Prevention was denied full access to Queensland and NSW prisons in 2023.
