A/HRC/15/37/Add.4
appropriate strategies to protect women and children at risk. The Special Rapporteur also
received information alleging that mainstream domestic violence and child protection
models are inconsistent with Aboriginal and Torres Strait Islander cultures.
G.
Administration of justice
50.
There are alarmingly high levels of incarceration of Aboriginal and Torres Strait
Islander persons, including women and minors. According to figures reported by the
Government, indigenous prisoners represent 24 per cent of the total prisoner population and
the average rate of indigenous imprisonment is 13 times higher than the non-indigenous
rate.18 Disturbingly, indigenous youth comprise 54 per cent of persons in juvenile detention
and are 21 times more likely than non-indigenous juveniles to be detained.19 Other major
concerns that were brought to the Special Rapporteur’s attention are limited access to
justice in remote areas and inadequate provision of culturally appropriate justice services,
including translation services for criminal defendants.
51.
A high rate of deaths in custody was another concern expressed to the Special
Rapporteur, an issue that is explored in the report of the Royal Commission into Aboriginal
Deaths in Custody, completed in 1991, and exemplified by the disturbing case in Western
Australia of the death of Ian Ward while being transported in police custody. The
Government affirms that it has taken steps to address the concerns raised in that report,
although the Special Rapporteur notes information that many of the recommendations of
the Royal Commission have still not been fully and adequately addressed.
52.
Though criminal justice matters are primarily the responsibility of Australia’s state
and territory governments, there have been some noteworthy efforts funded by the
Commonwealth to provide legal services to indigenous peoples, including the Aboriginal
and Torres Strait Islander Legal Services and the delivery of indigenous-specific legal
services in 116 permanent locations. Further, the Government is developing some new
initiatives within the framework of the Closing the Gap campaign to reduce the
overrepresentation of Aboriginals and Torres Strait Islanders in the criminal justice system.
Clearly, though given the extremity of this situation, much work remains to be done.
VI. Cross-cutting concerns regarding government programmes
A.
Self-determination
53.
The Special Rapporteur acknowledges the significant commitment of the
Government to advancing the rights of Aboriginal and Torres Strait Islander peoples and to
shrink the comparative disadvantage that indigenous people suffer vis-à-vis non-indigenous
people across the range of socio-economic indicators. However, there is a need to
incorporate into government programmes a more integrated approach to addressing
indigenous disadvantage across the country, one that secures for indigenous peoples not just
social and economic well-being, but in doing so also advances their self-determination and
their rights to maintain their distinct cultural identities, languages and connections with
their traditional lands.
18
19
14
CCPR/C/AUS/Q/5/Add.1, para. 27.
Ibid.
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