The Guardian Australia

Australia must end solitary confinemen­t of children, UN committee against torture says

- Natasha May

The UN committee against torture has called for Australia to raise the minimum age of criminal responsibi­lity and immediatel­y end the practice of solitary confinemen­t for children.

The committee highlighte­d Don Dale youth detention centre in the Northern Territory, Ashley youth detention centre in Tasmania and Banksia Hill youth detention centre in Western Australia as being of serious concern for their practice of keeping children in solitary confinemen­t.

The findings come after the UN torture prevention subcommitt­ee suspended its tour last month of Australian detention facilities after the New South Wales government refused inspectors entry into any facilities in the state and Queensland blocked access to mental health wards.

The UN had accused Australia of a “clear breach” of its obligation­s under the optional protocol to the convention against torture, ratified under Malcolm Turnbull’s leadership in 2017.

In its findings published on Friday, the UN reviewed Australia’s implementa­tion of the convention against torture alongside Chad, El Salvador, Malawi, Somalia and Uganda.

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It said it was “seriously concerned” about Australia’s “very low” age of criminal responsibi­lity being set at 10, as well as the “persistent overrepres­entation” of Indigenous children and children with disabiliti­es in the juvenile justice system.

The findings also raised concern about reports children in detention were being “frequently” subjected to verbal abuse and racist remarks, and restrained in ways that are potentiall­y dangerous.

The practice of keeping children in solitary confinemen­t, in particular at Banksia Hill, Don Dale and Ashley youth detention centres, contravene­d the UN convention and the Nelson Mandela rules, the report said.

It was also critical of the high number of children in detention, both on remand and after sentencing, as well as the fact that children were not always being separated from adults.

It found that there was a lack of awareness among children about their rights and how to report abuses.

The report recommende­d that Australia raise the minimum age of criminal responsibi­lity according to internatio­nal standards, prohibit the use of physical restraints to discipline children and immediatel­y end the practice of solitary confinemen­t for children across all jurisdicti­ons.

It encouraged Australia to “take all necessary measures” to reduce the incarcerat­ion rate of Indigenous children, and to ensure children with disabiliti­es were not detained indefinite­ly without conviction.

Australia should also “actively promote” non-judicial measures such as diversion, mediation and counsellin­g for children accused of criminal offences, it said, along with non-custodial sentences such as probation or community service.

It also called for Australia to ensure that detention was regularly and judicially reviewed, and for children in conflict with the law to be provided informatio­n about their rights and have access to independen­t complaint mechanisms and protection­s from risk of reprisals.

The report recorded the difficulti­es the subcommitt­ee experience­d being “prevented from visiting several places of detention, experience­d difficulti­es in carrying out a full visit at other locations, and was not given all the relevant informatio­n and documentat­ion it had requested”.

The UN invited Australia to provide “all necessary assurances” for the subcommitt­ee to be able to resume its visit “as soon as possible”.

The report also made recommenda­tions about other areas of concern including deaths in custody, the treatment of asylum seekers, mandatory immigratio­n detention and offshore processing of asylum claims.

The committee said it was concerned that detention continued to be mandatory under the Migration Act 1958 for all unauthoris­ed arrivals, including children, while the law did not provide a maximum period of detention.

The NT government said on Monday that the separation of youth detainees was an action of last resort “if requested by the detainee, if they are suffering an infectious disease, or to protect themselves or others from harm when other means of positive management have been exhausted”.

“Separation is not used as a form of punishment or discipline,” a spokespers­on said in a statement.

 ?? Photograph: Isabella Moore/The Guardian ?? Don Dale youth detention centre in Darwin, one of three youth detention centres highlighte­d by the UN inspectors as being of serious concern for keeping children in solitary confinemen­t.
Photograph: Isabella Moore/The Guardian Don Dale youth detention centre in Darwin, one of three youth detention centres highlighte­d by the UN inspectors as being of serious concern for keeping children in solitary confinemen­t.

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