Little progress105 has been made towards Australia’s 2016 voluntary UPR commitment to improve criminal
justice system treatment of people with cognitive disability unfit to plead or found not guilty by reason of
mental impairment.106
Australia must address the over-representation of people with disability, including eradicating
imprisonment of unconvicted people with disability and enforcing safeguards against indefinite
forensic detention.
PRISONS
Due to historically entrenched and systematic factors, including racism, Aboriginal and Torres Strait Islander
Peoples are the most imprisoned people in the world. Despite making up 2% of the population, they
constitute 28% of all imprisoned people.107 Approximately 50% of imprisoned people in Australia have a
disability,108 and up to 73% and 86% of imprisoned Aboriginal and Torres Strait Islander men and women,
respectively, report a psychosocial disability. 109
At least 437 Aboriginal and Torres Strait Islander Peoples have died in custody since the 1991 Royal
Commission into Aboriginal Deaths in Custody. 110
Australia must fully implement the findings of the Royal Commission into Deaths in Custody and the
NT Royal Commission, including closing Don Dale detention centre.
Women are the fastest growing imprisoned group. Aboriginal and Torres Strait Islander women made up a
third of all imprisoned women in 2018.111 Most are imprisoned for low level offending.112 Domestic violence is
both the cause and effect of women’s imprisonment.113
Australian governments must enter into a formal partnership with Aboriginal and Torres Strait
Islander organisations to develop national justice and family violence targets to reduce
imprisonment.114 Additionally, prison must only be a last resort for primary carers. 115
Investigations of youth detention services, including one Royal Commission, have found repeated breaches
of children’s human rights.116 The rights of children in police watch houses in Queensland are being seriously
breached.117 Most jurisdictions have multi-billion dollar prison expansion or construction programs without
commensurate investment in preventative or diversionary programs.
Australia must end prison construction and expansion and instead resource preventative and
diversionary programs to reduce imprisonment.
POLICE
It is critical that independent bodies 118 are resourced119 to investigate potential human rights abuses by
police.
Australia must ensure that all jurisdictions establish independent investigative bodies that meet
international human rights standards.120
Racially discriminatory policing remains prevalent, impacting entire communities. 121 In particular,
‘intelligence-led’ or ‘preventive’ policing models 122 are having adverse and discriminatory impacts, especially
on racially marginalised groups.123
Australia must conduct a comprehensive audit into policing law, policy and procedure to identify and
eliminate discriminatory impacts, and immediately implement stop & search monitoring and
receipting124 to address racial profiling.
Aboriginal and Torres Strait Islander Peoples continue to die in custody. 125
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