Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 92 Referendum Council, Final Report of the Referendum Council (30 June 2017). At https://www.referendumcouncil.org.au/sites/default/files/report_attachments/Referendum_Council_Fin al_Report.pdf (viewed 23 October 2017). 93 Prime Minister of Australia, The Hon Malcolm Turnbull MP, Attorney-General (Cth), Senator the Hon George Brandis QC and Minister for Indigenous Affairs (Cth), Senator he Hon Nigel Scullion, Response to Referendum Council’s report on Constitutional Recognition, Media Release (online) (26 October 2017). At https://www.attorneygeneral.gov.au/Mediareleases/Pages/2017/FourthQuarter/Response-toReferendum-Councils-report-on-Constitutional-Recognition-27-October-2017.aspx (viewed 27 October 2017). 94 Victoria Tauli-Corpuz, End of Mission Statement by the United Nations Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz on her visit to Australia (2017). At http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21473&LangID=E (viewed 11 September 2017). 95 Victorian Government, Treaty (27 October 2017) Aboriginal Victoria. At https://www.vic.gov.au/aboriginalvictoria/treaty.html (viewed 27 October 2017); Government of South Australia, Treaty discussions (27 October 2017) Department of State Development. At https://statedevelopment.sa.gov.au/aboriginal-affairs/aboriginal-affairs-andreconciliation/initiatives/treaty-discussions (viewed 27 October 2017). 96 Mutuma Ruteere, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on his mission to Australia, Human Rights Council, 35th sess, UN Doc A/HRC/35/41/Add.2 (9 June 2017) 17 [71]. 97 Despite being only 3% of the total Australian population, Aboriginal and Torres Strait Islander adults account for over a quarter (27%) of the total Australian prison population. See Australian Bureau of Statistics (2016) Prisoners in Australia, Aboriginal and Torres Strait Islander Prisoner Characteristics, 4517.0 (8 December 2016). At http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4517.0~2016~Main%20Features~Ab original%20and%20Torres%20Strait%20Islander%20prisoner%20characteristics~5 (viewed 11 September 2017). Between 2000 and 2013 the imprisonment rate for Aboriginal Torres Strait Islander adults increased by 57%. Most recent statistics show Aboriginal and Torres Strait Islander adults are imprisoned at 13 times the rate of non-Indigenous adults. Aboriginal children are imprisoned at 24 times the rate of non-Indigenous young people. Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage Key Indicators 2014 (2014), 4. At http://www.pc.gov.au/research/recurring/overcoming-indigenous-disadvantage/key-indicators2014#report (viewed 11 September 2017). On an average day, Indigenous children aged 10–17 were 17 times as likely to be under community-based supervision as non-Indigenous young people and 25 times as likely to be in juvenile detention: Australian Institute of Health and Welfare, Youth Justice in Australia 2015–16 (March 2017), 2. At https://www.aihw.gov.au/getmedia/b85be60c-9fef-436d-85df82d8e5c5f566/20705.pdf.aspx?inline=true (viewed 11 September 2017). 98 Australian Bureau of Statistics, Profiles of Disability, Australia, 2009, Comparison of Disability Prevalence between Aboriginal and Torres Strait Islander Peoples and Non-Indigenous Peoples (2013). At http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4429.0~2009~Main%20Features~Co mparison%20of%20disability%20prevalence%20between%20Aboriginal%20and%20Torres%20Strait %20Islander%20peoples%20and%20non-Indigenous%20peoples~10029 (viewed 11 September 2017). Australian Human Rights Commission, Equal Before the Law: Towards disability justice strategies (2014) 12–13. At https://www.humanrights.gov.au/our-work/disabilityrights/publications/equal-law (viewed 11 September 2017). Eileen Baldry, Ruth McCausland, Leanne Dowse and Elizabeth McEntyre, A predictable and preventable path: IAMHDCD Report (UNSW, October 2015). At https://www.mhdcd.unsw.edu.au/a-predictable-and-preventable-path-iamhdcdreport.html (viewed 11 September 2017). 99 Aboriginal and Torres Strait Islander youth aged between 10–17 years make up more than half (55%) of all children in juvenile detention. See Australian Institute of Health and Welfare, Youth detention population in Australia (2016). At http://www.aihw.gov.au/publicationdetail/?id=60129557387&tab=2 (viewed 11 September 2017). In 2017, the Special Rapporteur for the rights of indigenous peoples noted that in some detention facilities, such as in the Northern Territory and in the Cleveland Youth Detention Centre in Queensland, ‘indigenous children constitute an astonishing 90 per cent of the detainees’. Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples, Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Australia, UN Doc A/HRC/36/46/Add.2 (8 August 2017) 12 [66]. At http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/36/46/Add.2 (viewed 10 October 2017). 52

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