Posts tagged Aboriginal & Torres Strait Islander Peoples' Rights
Over 100 organisations call on Attorneys-General to raise the age to at least 14

A joint statement signed by over 100 health, legal, social, community services providers, advocates and Aboriginal and Torres Strait Islander Community Controlled Organisations today reiterated calls for Attorneys-General to stop jailing 10 year old children and raise the age of criminal responsibility to at least 14 years old, with no exceptions.

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NT Government must work with Aboriginal communities after raising age of criminal responsibility to 12

A coalition of Aboriginal, community, justice and human rights organisations says that as new NT laws to raise the age of criminal responsibility to 12 years come into effect today, there is an urgent need for the NT Government to work with Aboriginal communities and organisations to ensure supports and services are available when and where children need them.

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Experts push back against Victoria Police’s grab for new powers to detain children

A coalition of over 40 Aboriginal and Torres Strait Islander, health, legal, social, community services and youth advocacy organisations from across Victoria have called on Premier Daniel Andrews and Attorney-General Jaclyn Symes to commit to ruling out any new powers for police over children, once the age of criminal responsibility is raised.

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Andrews government must end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Victorian Attorney-General Symes to appear at Yoorrook 

The Victorian Attorney-General Jaclyn Symes will today give evidence to the Yoorrook Justice Commission, the first formal truth-telling process into injustices experienced by First Peoples in Victoria, where she is expected to be questioned about the over imprisonment of Aboriginal and Torres Strait Islander peoples.  

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Daniel Andrews’ failure to #RaiseTheAge to 14 slammed by Aboriginal, legal, and human rights organisations

The Andrews government has today announced its intention to raise the age of criminal responsibility to only 12 years old. The Government’s commitment to consider raising the age to 14 by 2027 is too little, too late, and risks exposing an entire generation of children to the quicksand of the criminal legal system.

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Andrews Government must listen to expert evidence and raise the age to at least 14

60 Victorian organisations in the Aboriginal, legal, health, faith, youth and human rights sectors, including the Victorian Aboriginal Legal Service, VACCHO, Jesuit Social Services and Human Rights Law Centre, have in a joint letter called on Premier Daniel Andrews and Attorney-General Jacyln Symes to commit to raising the age of criminal responsibility to at least 14, no younger, and with no exceptions. 

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Case challenging age pension discrimination for Aboriginal and Torres Strait Islander people to be heard

A legal challenge against the Australian Government, seeking fair and equal access to the age pension for Aboriginal and Torres Strait Islander people, will be heard by the Full Federal Court. Proud Wakka Wakka man Uncle Dennis* is bringing the case, where the Federal Government will face court for its failure to close the gap in life expectancy between Aboriginal and Torres Strait Islander people and non-Indigenous people.

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Andrews government can end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Yoorrook hearings

The Human Rights Law Centre will today call on the Andrews government to fast track critical reforms that would immediately reduce the number of Aboriginal and Torres Strait Islander people experiencing injustice at the hands of the criminal legal system, in evidence to be heard by the Yoorrook Justice Commission.

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Australia set to be questioned by United Nations anti-torture watchdog this week

This week, the Australian Government is set to be questioned by the United Nations anti-torture watchdog on its compliance with the UN’s anti-torture treaty - the Convention Against Torture. Change the Record, the National Aboriginal and Torres Strait Islander Legal Services and the Human Rights Law Centre have briefed the Committee overseeing Australia’s compliance with the anti-torture treaty, and call on the Albanese Government to end human rights abuses behind bars ahead of the country’s report being considered this week.

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Joint statement of concern regarding suspension of UN Subcommittee on Torture visit to Australia following lack of co-operation in New South Wales and Queensland

We express profound concern that the United Nations Subcommittee on Prevention of Torture (SPT) has been forced to take the drastic measure of suspending its visit to Australia due to obstruction encountered while attempting to carrying out its mandate during its visit to Australia under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

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Australia’s prisons under scrutiny by United Nations anti-torture watchdog

In a joint submission to the United Nations Committee Against Torture, Change the Record, the National Aboriginal and Torres Strait Islander Legal Services and the Human Rights Law Centre call on the Albanese government to end human rights abuses in prisons and police cells. Mistreatment that can amount to torture and cruel, inhuman or degrading treatment is too common in prisons and police cells across the country.

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Tasmanian Government’s decision to keep children out of prison welcomed, but government must go further

Australia’s only First Nations justice coalition Change the Record welcomes the Tasmanian Government’s commitment to enact laws ensuring children under the age of 14 years old will not be sent to youth prisons. However, the Coalition urges the Tasmanian Government to fully implement the advice of legal and medical experts and raise the age of criminal responsibility to at least 14 years old to protect very young children from any harmful engagement with the criminal justice system.

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Case challenging age pension discrimination for Aboriginal and Torres Strait Islander people heads to Full Federal Court

The Federal Court has ordered that a case against the Federal Government, seeking fair and equal access to the age pension for Aboriginal and Torres Strait Islander people, will be heard by the Full Court of the Federal Court later this year to determine important questions of law.

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Lack of oversight and transparency in prison disciplinary processes: Ombudsman finds

Aboriginal and Torres Strait Islander, legal, human rights and civil liberties organisations have called on the Andrews government to take urgent steps to increase transparency and prevent mistreatment behind bars after a new report has highlighted serious weaknesses in disciplinary processes in Victorian prisons.

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30 years of inaction, over 470 lives lost 

Today marks 30 years since the Royal Commission into Aboriginal Deaths in Custody handed down its historic report with over three hundred recommendations to end Black deaths in custody. It is a national shame that in the three decades since, state, territory and Commonwealth governments have failed to implement the majority of those recommendations - and as a result our people are still dying at horrendous rates.

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Major UN human rights review highlights need for Australia to raise the age of criminal responsibility

Australia’s human rights performance was in the spotlight tonight as the Australian Government appeared before the UN Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Australia’s human rights record under scrutiny at major UN human rights review

Australia’s human rights performance will be in the spotlight tonight as the Australian Government appears before the Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Senate report scathing of Juukan Gorge destruction and calls on Rio Tinto to pay restitution to Traditional Owners

The Human Rights Law Centre has today welcomed an interim Senate report condemning Rio Tinto’s destruction of a 46,000 year-old Aboriginal site at Juukan Gorge in WA and recommending a suite of measures to improve protection of other significant sites across Australia.

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Tasmanian Government must ban routine strip searching of kids

Two of Australia’s leading human rights organisations - the Human Rights Law Centre and Amnesty International Australia - are calling on the Gutwein Government to prohibit the routine strip searching of children. The Tasmanian Government is currently considering laws that the two national organisations say miss the mark when it comes to the need to protect children from harm and prohibit routine strip searches.

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Removal of Rio Tinto CEO a welcome step towards accountability for Juukan Gorge blasting

The Human Rights Law Centre has welcomed the removal of Rio Tinto’s CEO, Jean-Sébastien Jacques, head of Corporate Relations Simone Niven and Head of Iron Ore Chris Salisbury following the company’s detonation of a 46,000 year old Aboriginal sacred site in the Pilbara region, Western Australia.

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COVID-19 crisis in Brisbane’s youth prison highlights urgent need for government action

With reports today of nearly 130 young people - some as young as 13 - being locked in their cells indefinitely due to the threat of COVID-19, Aboriginal and Torres Strait Islander, legal and human rights organisations are calling on the Palaszczuk Government to reduce the number of children locked away in Queensland prisons rather than isolating and harming them.

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Increased police powers must not be free kick for discrimination

In response to Premier Andrew’s declaration of a state of disaster in Victoria, Aboriginal and Torres Strait Islander, legal and human rights organisations are calling for strong safeguards to ensure that police powers are exercised fairly and proportionately during the public health crisis.

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Australian Governments must commit to raise the age of criminal responsibility from 10 to at least 14

Next week Australian lawmakers will have a historic opportunity at the Council of Attorneys-General Meeting on Monday 27 July to change laws that currently allow children as young as 10 to be arrested by police, charged with an offence, hauled before a court and locked away in a prison.

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Human rights must be at the heart of Government’s response to COVID-19

The Human Rights Law Centre has told the Senate Committee tasked with investigating the Federal Government's response to COVID-19 that human rights must be at the centre of the Government’s actions, both now and into the future.

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Rio Tinto must be stripped of prestigious human rights ranking in light of Juukan Gorge destruction: Aboriginal and Torres Strait Islander and human rights organisations

Today, 35 Aboriginal and Torres Strait Islander and human rights organisations have called on the global Corporate Human Rights Benchmark (CHRB), based in the Netherlands, to strip Rio Tinto of its status as a global human rights leader, following the company’s blasting of a 46,000 year old Aboriginal sacred site in the Pilbara region, Western Australia.

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Victorian Government must provide public health response to pandemic, end discriminatory measures and withdraw hundreds of police from public housing

Legal and human rights groups condemn the heavy-handed, policing response to a public health emergency, rather than the much-needed support communities need to prevent COVID-19 transmission. We stand in solidarity with the 3000 people in hard lockdown.

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Australia should support, not hinder, scrutiny of racism and police violence at the UN, in the US and at home

The Australian Government should support an urgent resolution in the UN Human Rights Council for an independent investigation into systemic racism, police brutality and violence against peaceful protest in the US, say Aboriginal and Torres Strait Islander and human rights organisations.

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Greater oversight needed in places of detention: Senate COVID-19 Committee told

An alliance of civil society and Aboriginal and Torres Strait Islander organisations and senior academics have told the Senate Committee tasked with investigating the Morrison Government's response to COVID-19 that there must be greater oversight of places of detention both during the pandemic and beyond.

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A ‘leading’ youth justice system is one where children under 14 are not imprisoned

While there are some promising developments in the Victorian Government's new Youth Justice Strategic Plan particularly the Strategy’s focus on early intervention, diversion, and restorative justice – the Strategy does not include a clear roadmap during the ten year period for keeping kids under 14 out of prison.

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Supreme Court challenge to argue that the Andrews Government must take action to protect people in prison and broader community from COVID-19 risk

The Fitzroy Legal Service and Human Rights Law Centre have filed a case in the Supreme Court of Victoria arguing that the Andrews Government must take steps to keep people in prison and the broader community safe from the risks posed by COVID-19.

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Andrews Government must fix laws to tackle rising hate in Victoria

The Andrews Government must take a stand against rising hate in the Victorian community, say a coalition of Union, civil society, faith-based and human rights groups who will give evidence on Wednesday to a Parliamentary Inquiry considering proposed changes to Victoria’s anti-vilification laws.

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Family of Tanya Day call for police accountability

“We know that our mum died in custody because police targeted her for being drunk in public and then failed to properly care for her after they locked her up. We know that racism was a cause of our mum’s death. Both individual police officers and Victoria Police as a whole must be held to account. Without accountability, more Aboriginal people will die in custody.”

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On anniversary of deaths in custody Royal Commission, over 80 organisations call on Premier Andrews to repeal public drunkenness offence

On the anniversary of the Royal Commission into Aboriginal Deaths in Custody, over 80 Aboriginal, health, human rights, housing, legal and women’s organisations are calling on Premier Andrews to abolish the offence of public drunkenness – a key recommendation of the Royal Commission.

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One year on from the Royal Commission, the NT youth justice system remains broken

To mark the anniversary of the release of the Royal Commission into Protection and Detention of Children in the Northern Territory’s final report, the Change the Record Coalition including human rights organisations is calling on the NT Gunner Government to raise the age of criminal responsibility and get children out of harmful youth prisons.

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Australian Government failing children, UN Child Rights Committee told

The Human Rights Law Centre has submitted a report to the United Nations Child Rights Committee showing that Australian governments are failing to protect the rights of vulnerable children. Australia is due to front the Child Rights Committee in Geneva in February, where the Government’s compliance with the Convention on the Rights of the Child will be measured. The HRLC’s report, ‘Justice for Children’, will inform the assessment of Australia.

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Join the Human Rights Law Centre team

The Human Rights Law Centre believes in a future where human rights are universally understood, upheld and protected. We secure law and policy change that eliminates inequality, abuse and injustice and builds a society grounded in decency, compassion and respect. We are currently recruiting for two people to join our diverse team who have a strong, shared commitment to creating a better, fairer Australia. 

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New ABS data confirms thousands of children under 14 years of age in the 'quicksand' of the criminal justice system

One day after the Northern Territory Government gave an in principle promise to raise the age of criminal responsibility, the Australian Bureau of Statistics has released data painting a diabolical picture of punitive and out-of-date youth justice systems across Australia.

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Prime Minister fails Aboriginal and Torres Strait Islander children

The Federal Government has completely failed to lead in its response to the Northern Territory Royal Commission’s report on how to fix failing youth justice and child protection systems.Shahleena Musk, a Senior Lawyer at the Human Rights Law Centre, said the Federal Government was trying to wash its hands of responsibility at the very time it needed to show leadership to fix broken youth justice systems across Australia.

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Australia ratifies torture prevention treaty, but must accept scrutiny of offshore facilities on Manus and Nauru

The Australian Government has ratified an important UN torture prevention treaty. The Optional Protocol to the Convention Against Torture (OPCAT) is a mechanism established to prevent cruel, inhuman and degrading treatment in places of detention.

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Australia yet to prove its mettle as a global human rights leader as it takes a seat on UN Human Rights Council

“This is the most significant UN position Australia has sought since the Security Council. Relatively speaking Australia is likely to be a positive force for reform on the Council, but if it wants to have the credibility required to be a true human rights leader it can't continue to blatantly breach international law itself. There's no doubt that it's cruel treatment of refugees will hamstring Australia's efforts on Council," said Emily Howie.

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Governments should work with Aboriginal and Torres Strait Islander people to reverse growing imprisonment rates

Adrianne Walters, Director of Legal Advocacy at the Human Rights Law Centre, said that state and territory criminal justice systems are out of balance and that governments around Australia have a responsibility to work with Aboriginal and Torres Strait Islander people and communities to stem the number of people being sent to prison.

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Senate Committee told Government’s remote work for the dole program is racially discriminatory

Aboriginal and Torres Strait Islander people in remote communities are being denied basic rights and fair payment for work as a result of a racially discriminatory Federal Government program. That was the message the Human Rights Law Centre had for the Senate Committee examining the appropriateness and effectiveness of the Government’s remote work for the dole program.

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Welfare reforms would cause harm and give too much power over remote communities to an unelected bureaucrat

“The Government has not pointed to any evidence that these measures will help people recover from drug or alcohol addiction or get them into work. Rather, they will aggravate economic disadvantage, and perpetuate wrongful stereotypes about people who turn to Australia’s social safety net in times of need,” said Adrianne Walters.

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Federal Government’s changes to welfare laws will give too much power over remote communities to an unelected bureaucrat

The Federal Government’s Welfare Reform Bill contains unfair and needlessly punishing measures, while giving too much power over the lives of Aboriginal and Torres Strait Islander people in remote communities to an unelected bureaucrat, the Human Rights Law Centre has told a Senate inquiry.

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Aboriginal and Torres Strait Islander people denied basic rights through Federal Government program

Aboriginal and Torres Strait Islander people in remote communities are being denied basic rights, equal treatment and fair payment for work, as a result of Federal Government policy, the North Australian Aboriginal Justice Agency and the Human Rights Law Centre told a Senate inquiry.

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Report addressing the skyrocketing Aboriginal and Torres Strait Islander women’s imprisonment rates

The over-imprisonment of Aboriginal and Torres Strait Islander women is a growing national crisis that is being overlooked by all levels of government in Australia, the Human Rights Law Centre and Change the Record said in a new report. HRLC's Adrianne Walters said, “The tragic and preventable death of Ms Dhu is a devastating example of what happens when the justice system fails Aboriginal and Torres Strait Islander women.

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High Court finds the exercise of Northern Territory’s punitive police lock-up powers lawful

“All the data shows that these laws are being overwhelmingly used against Aboriginal people. Twenty-six years ago the Royal Commission into Aboriginal Deaths in Custody made clear that locking someone up should only ever be a last resort and that police should be required to consider safer options,” said HRLC's Adrianne Walters.

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Government’s decision to regazette Barwon an extraordinary act of bad faith

The Government’s decision to regazette Barwon adult jail as a youth justice facility is an act of utter bad faith, say human rights lawyers.

Only yesterday the Victorian Court of Appeal upheld the Supreme Court’s decision that the Victorian Government acted unlawfully in gazetting Barwon adult prison as a youth justice facility.

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Media Release: Court of Appeal confirms transfer of children to Barwon adult jail was unlawful

The Victorian Court of Appeal today unanimously confirmed that the Victorian Government acted unlawfully in transferring children to the Barwon adult jail. The Court was hearing an appeal against last week's Supreme Court ruling.

Hugh de Kretser, Executive Director at the Human Rights Law Centre, said, “Jailing children in the state’s most notorious adult prison was a terrible mistake. The government needs to house these children in a safe, lawful and appropriate facility.”

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Court of Appeal to rule on legality of transfer of children to Barwon adult jail

The Victorian Court of Appeal will tomorrow hear the appeal against last week’s Supreme Court ruling that the Victorian Government acted unlawfully in transferring children to the Barwon adult jail. The Court of Appeal is expected to make its decision on the appeal at the end of tomorrow’s hearing.

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Supreme Court case to stop children being sent to Barwon adult jail commences

The Supreme Court will today commence hearing the case against the Victorian Government to ensure no child is sent to Barwon maximum security adult jail. The Human Rights Law Centre and Fitzroy Legal Service are bringing the case after the government two weeks ago agreed not to transfer any Aboriginal or Torres Strait Islander children to the prison.

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Further details of Victorian Government’s settlement with the Victorian Aboriginal Legal Service

FURTHER DETAILS: As part of the last minute back down, the Victorian Government has committed not to transfer any Aboriginal or Torres Strait Islander child to an adult jail. The only extremely limited possibility for transfers is in exceptional circumstances and, even then, only on the advice of the Aboriginal Children’s Commissioner that the transfer is in the best interests of that child.

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Time for the Western Australian Government to scrap its policy of locking people up for unpaid fines

Western Australia’s Independent Inspector of Custodial Services released a damning report on Friday showing that Western Australia’s policy of locking people up for unpaid fines disproportionately impacts vulnerable Aboriginal women.

The Human Rights Law Centre’s Senior Lawyer, Ruth Barson, said that the Inspector’s report is another reminder that Western Australia’s policy of locking people up for unpaid fines is unfair and out of date.

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