GENEVA - The UN Committee on the Elimination of Racial Discrimination today expressed alarm over the persistent overrepresentation of Indigenous children in Australia's criminal justice system, warning that this reflects systemic and structural racial discrimination against Aboriginal and Torres Strait Islander communities.
Aboriginal and Torres Strait Islander children accounted for about 65 per cent of children in detention on an average day in 2023-24, despite making up only 6.5 per cent of children aged 10-17 in Australia, according to information received by the Committee.
The Committee expressed grave concern that Indigenous children and communities continue to face racial discrimination in the enjoyment of economic, social and cultural rights, including education, healthcare, social security and housing.
"Racial profiling in law enforcement operations and the over-policing" are resulting in "higher incarceration rates among Indigenous children," the Committee said.
ln several states and territories in Australia, the minimum age of criminal responsibility is lower than the threshold under international human rights law and standards, and in some cases is as low as 10 years old. The Committee also expressed concern that some laws allow "harsh adult penalties to be applied to Indigenous children, including life imprisonment in some cases."
The Committee expressed grave concerns regarding the conditions faced by Indigenous children in detention, including "solitary confinement for prolonged duration, ill-treatment and the use of spit hoods, and cases of self-harm and suicide."
Racial profiling and over-policing, the Committee stated, continue to contribute to the high incarceration rates of Indigenous children.
While welcoming measures taken by Australia, including the establishment of the National Commission for Aboriginal and Torres Strait Islander Children and Young People, the National Justice Reinvestment Program and the Indigenous Advancement Strategy, the Committee said it remained concerned about the lack of information on their effectiveness.
It also expressed concern about delays in implementing the recommendations of the National Children's Commissioner's report on transforming the youth justice system, as well as limited progress under the National Agreement on Closing the Gap, which includes a target to reduce the rate of Indigenous children in detention by at least 30 per cent by 2031.
The Committee called upon Australia "to intensify and accelerate its efforts to eliminate racial discrimination against Indigenous children, including its institutional and systemic dimensions, in the administration of criminal justice and to address the persistent overrepresentation of Indigenous children in the criminal justice system."
These efforts include reviewing its legislation with possible discriminatory effects to prevent any further discriminatory impact on the rights of Indigenous children, explicitly prohibiting racial profiling by law enforcement officials, and ensuring that law enforcement operations are carried out in a non-arbitrary and non-discriminatory manner.
The Committee further called on Australia to improve detention conditions in line with international standards and ensure that Indigenous children deprived of liberty have access to medical care, legal counsel, adequate food, social services and their families.
The Committee issued a statement today under its Early Warning and Urgent Action procedure, following a letter it sent to Australia concerning the same issue in 2025. Australia ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1975.
