First Nations Consultations For the Australian Human Rights Commission 4.4 Over-Policing and incarceration Participants identified the justice sector as one in need of urgent reform due to entrenched racism resulting in over-policing and disproportionate incarceration rates. Whilst it was acknowledged that broader social and cultural determinants contribute to cycles of disadvantage experienced by First Nations people, racism was acknowledged as the key contributor of over-policing and incarceration. First Nations communities, especially those in remote areas, face relentless over-policing and are disproportionately incarcerated. Legal processes frequently lack Cultural Safety, disregard cultural contexts, and result in harsher penalties for First Nations individuals. Participants from remote areas shared harrowing experiences of constant police surveillance and severe penalties for minor infractions. This relentless scrutiny perpetuates a cycle of incarceration that is nearly impossible to escape. To break this cycle, it is imperative to implement legal reforms that include comprehensive Cultural Safety education for law enforcement and the adoption of restorative justice practices that align better with First Nations ways of doing. These steps are crucial in addressing and rectifying the systemic injustices faced by First Nations communities. 4.5 Accountability Participants discussed the multiple attempts made by various governments and sectors to improve outcomes for First Nations people and indicated that inadequate accountability mechanisms have prevented progress. Throughout consultations, the project team were asked on numerous occasions whether there was ‘buy-in’ from a national level to implement accountability mechanisms to support the Framework. This needs to include strengthening of existing complaints mechanisms for racism as well as the development of new independent monitoring mechanisms. Participants stressed the need for transparent and effective accountability measures to ensure that institutions are held responsible for discriminatory practices. There was a heavy focus on reporting mechanisms to support accountability. Participants indicated that consistent reporting mechanisms did not exist across sectors which leads to a lack of accountability and progress. Improved data reporting will be critically important to better understand the prevalence of racism in systems and institutions at the local, state and national level. The Lowitja Institute, the Australian Indigenous Governance Institute, the Maiam nayri Wingara Indigenous Sovereignty Collective, as well as individual First Nations researchers and communities are increasingly interested in ensuring the principles of Indigenous Data Sovereignty (IDS) and Indigenous Data Governance (IDG) are adhered to. This growing interest recognises the major role data has in influencing policy and service delivery. IDS and IDG both recognise that when data and reporting systems are misused, they can do harm and inadvertently perpetuate systemic racism. There are also novel tools such as the Matrix for Identifying Measuring and Monitoring Institutional Racism within Public Hospitals and Health Services which has been used in both Queensland and South Australia to quantify institutional racism in hospitals and health centres. It has been developed, implemented and refined with substantial input from First Nations people including Professor Henrietta Marrie AM. An Anti-Racism Framework: Voices of First Nations Peoples Page 49