Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 20 In 2014, the Commission inquired into complaints by four Aboriginal men with intellectual and cognitive disabilities who had been incarcerated for a number of years despite being found unfit to stand trial or not guilty by reason of insanity. See KA, KB, KC and KD v Commonwealth of Australia [2014] AusHRC 80. At https://www.humanrights.gov.au/our-work/legal/publications/ka-kb-kc-and-kd-vcommonwealth-australia (viewed 11 September 2017). The Aboriginal Disability Justice Campaign advocates for progress in relation to the indefinite incarceration of Aboriginal people with intellectual and cognitive disabilities. People with Disability Australia, Aboriginal Disability Justice Campaign (2015). At http://www.pwd.org.au/about-us/about-pwda.html (viewed 11 September 2017). 21 Australian Human Rights Commission, Social Justice and Native Title Report 2016 (2016), 42-45. At http://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_SJNTR_2016.pdf (viewed 11 September 2017). 22 Australian Law Reform Commission, Incarceration rates of Aboriginal and Torres Strait Islander peoples. At https://www.alrc.gov.au/inquiries/indigenous-incarceration (viewed 11 September 2017). 23 Justice targets refer to targets to address the overrepresentation of Aboriginal and Torres Strait Islander peoples as both offenders and victims in the criminal justice system. It has been recommended by the National Congress of Australia’s First Peoples that targets be set to halve the gap in rates of incarceration for Aboriginal and Torres Strait Islander peoples. Proposed justice targets could be included in the existing Close the Gap framework. The Australian Government has stated that it rejects the adoption of justice-related targets. See Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice and Native Title Report 2014 (2014), 117-123. At https://www.humanrights.gov.au/publications/social-justice-and-native-title-report-2014 (viewed 11 September 2017). 24 Senate Legal and Constitutional Affairs Committee, Value of a justice reinvestment approach to criminal justice in Australia (2013), 124. At http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ Completed_inquiries/2010-13/justicereinvestment/report/index (viewed 11 September 2017). Justice reinvestment involves diverting and reinvesting funds used for imprisonment to services that address underlying causes of crime in communities with high rates of offending. The Aboriginal and Torres Strait Islander Social Justice Commissioner has advocated for justice reinvestment over the past five years. The 2014 Social Justice and Native Title Report recommends that, ‘the Australian Government take a leadership role on justice reinvestment and works with states, territories and Aboriginal and Torres Strait Islander communities to identify further trial sites.’ Australian Human Rights Commission, Social Justice and Native Title Report 2014 (2014), 12. At https://www.humanrights.gov.au/ourwork/aboriginal-and-torres-strait-islander-social-justice/publications/social-justice-and-nati-0 (viewed 11 September 2017). 25 Change the Record Coalition, Blueprint for Change, Change the Record Steering Committee (2015). 26 Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples, 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). 27 Council of Australian Governments, Investigation into Indigenous Land Administration and Use Final Report, December 2015. At https://www.dpmc.gov.au/sites/default/files/files/COAG_Investigation_into_Indigenous_Land_Administ ration_and_Use.pdf (viewed 11 September 2017). 28 Australian Law Reform Commission, Connection to Country Review of the Native Title Act 1993 (Cth), Report No 126 (2015). At https://www.alrc.gov.au/sites/default/files/pdfs/publications/alrc_126_final_report.pdf (viewed 11 September 2017). 29 Australian Human Rights Commission, Communiqué, Indigenous Leader’s Roundtable on economic development and property rights – Broome, 19-20 May 2015 (2015) 1. At http://www.humanrights.gov.au/sites/default/files/IndigenousLeadersRoundtable_communique_2015_ AHRC.pdf (viewed 14 September 2017). Australian Human Rights Commission, Indigenous Property Rights Project – GARMA Roundtable Background Paper (29 July – 1 August 2016) 9. At http://www.humanrights.gov.au/sites/default/files/Garma%20discussion%20paper%2011%20August% 202016_1.pdf (viewed 14 September 2017). See generally Australian Human Rights Commission, Indigenous Property Rights. At https://www.humanrights.gov.au/our-work/aboriginal-and-torres-straitislander-social-justice/projects/indigenous-property-rights (viewed 14 September 2017). 30 The Commission has reported to the UN on violence against Aboriginal and Torres Strait Islander women and to Commonwealth Inquiries. See Australian Human Rights Commission, Australia's 42