Amnesty International Australia has warned the incoming Northern Territory government that its 'tough on youth crime' approach must not breach human rights law, as the Country Liberals promise to lower the age of criminal responsibility to just 10, and to reintroduce the outlawed use of spit hoods on children.
In 2022, the UN Committee Against Torture condemned practices used against children at the Don Dale Youth Detention Centre in the Territory, accusing Australia of a "clear breach" of its obligations under the Optional Protocol to the Convention Against Torture, which Australia ratified in 2017. The United Nations have called on Australia to increase the minimum age of criminal responsibility and to immediately halt the use of solitary confinement for children in youth detention.
On Tuesday, Amnesty International Australia's Indigenous Rights Campaigner Kacey Teerman said: "We strongly condemn the CLP's dangerous decision to lower the age of criminal responsibility and reintroduce the use of spit hoods—a cruel practice that Amnesty International has labelled as torture. These harsh measures will only cause more harm to vulnerable children and won't make our communities safer."
"The use of spit hoods on children has been condemned as torture by the United Nations, the Northern Territory Children's Commissioner, Amnesty International and other human rights groups. The Northern Territory Ombudsman has called for a total ban on their use. It is unconscionable that the newly elected CLP government has moved to reintroduce a practice of torture against children, and as their first order of business no less," she said.
Indigenous people, in particular children, are drastically over-represented in the NT's prison system.
The Convention on the Rights of the Child, which Australia ratified in 1990, states that arrest and detention of a child must be the absolute last resort, and for the shortest appropriate period of time.
Amnesty said the promise from the CLP to reintroduce the practice of incarcerating children as young as 10 "grossly violates" the human rights of children in the Northern Territory.
The human rights organisation also noted that Australia has obligations under the UN Standard Minimum Rules for the Administration of Juvenile Justice ('Beijing Rules'),68 the UN Rules for the Protection of Juveniles Deprived of their Liberty ('Havana Rules'), 69 the UN Standard Minimum Rules for the Treatment of Prisoners ('Nelson Mandela Rules')70 and the UN Guidelines for the Prevention of Juvenile Delinquency ('Riyadh Guidelines').
Amnesty International said it holds "serious concerns" that the youth justice policies of the incoming CLP NT government will breach these human rights laws.
"The shocking findings from the Royal Commission into the Protection and Detention of Children in the Northern Territory should serve as a stark reminder of the damage policies that breach human rights can cause to vulnerable children," Ms Teerman said.
"The CLP must reverse this backward move and listen to communities, health experts, legal professionals, and human rights advocates. Lowering the age of criminal responsibility and using methods of torture is a serious breach of children's rights.
"The way forward is through humane, evidence-based solutions that protect our children and genuinely make our communities safe. Amnesty International calls on the CLP government to reverse its decision to lower the age of criminal responsibility and to commit to adhering to human rights law in its youth justice policies."
Travis Borsi, Northern Territory Director of 54 reasons - which delivers Save the Children's services in Australia - said the child rights organisation is also alarmed by the new government's plan to lower the age of criminal responsibility to 10.
"This troubling move, which comes so soon after the age of criminal responsibility was raised to 12, risks undermining the rights of children across the Territory and, ultimately, making the community less safe," Mr Borsi said.
"Along with the proposal to re-introduce the use of spit hoods on children, this plan will only guarantee that more kids cycle through a youth justice system that is built to fail them and inevitably lead to further trauma in the community.
"It's important to remember that we're talking about children who are not even old enough to attend high school. There is no evidence that locking up pre-teens will improve crime statistics, in the Territory or elsewhere."
Mr Borsi noted that medical, legal and health experts - including most recently the National Children's Commissioner in her new landmark report - are clear that raising the age of criminal responsibility to 14 and adequately funding early intervention and prevention services is the most effective way to reduce offending.
"We strongly urge the Chief Minister to reconsider her intention to lower the age of criminal responsibility, and instead address the root causes of offending through culturally responsive and trauma informed services that are best placed to keep the community safe," he said.
