Australian Human Rights Commission
Australia and the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010
58.
The Senate Legal and Constitutional Affairs Committee recommended
governments develop and fund a justice reinvestment pilot program for the
criminal justice system. 46 Similarly a review of juvenile justice in New South
Wales recommended the government adopt a justice reinvestment approach
in juvenile justice. 47
Recommendation 20: That:
•
the Australian Government, through COAG, set criminal justice targets that
are integrated into the Closing the Gap agenda.
•
the Standing Committee of Attorneys General Working Party identify
justice reinvestment as a priority issue under the National Indigenous Law
and Justice Framework, with the aim of conducting pilot projects in
targeted communities in the short term.
•
all state and territory governments consider justice reinvestment in
tandem with their plans to build new prisons.
•
a percentage of funding that is targeted to increasing prison beds be
diverted on a trial basis to communities where there are high rates of
Indigenous offenders.
59.
Mandatory sentencing laws are still in place in Western Australia and the
Northern Territory. 48 These laws have resulted in situations of injustice, with
individuals receiving sentences that are disproportionate to the
circumstances of their offending. 49 Such policies are not only ineffective in
deterring crime and rehabilitating offenders, but also costly and manifestly
unjust. 50
60.
The Social Justice Commissioner has called on the Western Australian
Government to repeal its mandatory detention provisions and for the federal
Parliament to exercise its responsibilities to ensure compliance by the WA
Government with Australia’s international human rights obligations by
overriding the laws if necessary. 51
6.11
Northern Territory Emergency Response (NTER)(ICERD
Articles 1,2 and Declaration Articles 2,3,21,23)
61.
The Commission has raised concerns about the Northern Territory National
Emergency Response (NTER) 52 in a number of parliamentary submissions
and in consultations with Australian Government representatives. 53
International human rights bodies and experts have similarly raised concerns
with the suspension of the RDA and the lack of conformity with Australia’s
obligations under human rights treaties. 54
62.
In 2009 following consultations with the prescribed communities in the NT,
the Australian Government introduced Bills to reinstate the RDA and redesign some of the NTER measures. 55 The Bills were reviewed in a Senate
Inquiry which recommended the Bills be passed, although dissenting reports
recommended a range of amendments to the Bills. The Social Security and
17