The abuses carried out against children shown in last night’s Four Corners program are a shocking violation of both the UN Convention on the Rights of the Child and the Convention against Torture. The Australian Government must immediately launch an investigation into the NT youth detention system, and take action to prevent the abuse of children in youth detention across Australia.
“Harrowing, sickening”
“Watching the program was harrowing. To see a crying, distressed child seized by his neck, forced to the ground, manhandled, stripped naked by three grown men and left naked in a cell is just sickening,” said Julian Cleary, Indigenous Rights’ Campaigner at Amnesty International Australia.
“The footage of guards laughing at a child being tear-gassed and in distress defies belief.”
“The footage of guards laughing at a child being tear-gassed and in distress defies belief.”
Julian cleary, amnesty international
“Amnesty International has repeatedly raised concerns of abuse of children being held in youth detention centres in the Northern Territory. As this program shows, these are not isolated incidents. The NT Government has failed to deal with systemic issues with the treatment of children in its youth detention system,” said Julian Cleary.
Australia-wide problem
The situation in the Northern Territory is horrifying and has been deeply concerning for a long time. Yet, the abuse of children in youth detention has been an issue outside the NT too. Amnesty International is aware of serious allegations about the treatment of children in detention in every state and territory over the past five years.
The Convention on the Rights of the Child requires children deprived of their liberty to be treated with humanity, respect and in a way that takes into account their needs as children. It reinforces the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Solitary confinement is prohibited for Children under the UN Rules for the Protection of Juveniles Deprived of their Liberty. On face value, the footage obtained by Four Corners places Australia squarely in breach of these human rights obligations.
Independent monitoring needed
For years, the Australian Government has failed to ratify the Optional Protocol to the Convention Against Torture (OPCAT). Ratification would ensure independent monitoring of places of detention – including youth detention facilities. The Australian Government has recently claimed ratification of OPCAT is under “active consideration.”
“It shouldn’t take an inquiry by an investigative journalist for the human rights of children to be respected – we need better mechanisms in place to stop this type of abuse from happening, ever again. The Australian Government must move to ratify OPCAT without delay,” said Julian Cleary.
“It shouldn’t take an inquiry by an investigative journalist for the human rights of children to be respected – we need better mechanisms in place to stop this type of abuse from happening, ever again.”
julian cleary, amnesty international
In the meantime, the Northern Territory Government should heed the calls of the local Making Justice Work coalition to urgently prioritise reducing the number of children it currently imprisons. This coalition has drawn on local expertise to set out priorities to make this happen. These are:
- Bail support and accommodation to stop young people from being locked up without trial;
- Better Resources for Diversion programs as an alternative to detention;
- Early intervention and primary prevention to support children and their families to succeed.
