A/HRC/48/74
47.
Indigenous children and youth are often overrepresented in detention centres. This can
be due to a lack of alternatives; for example a lack of non-custodial programmes for girls in
remote areas may lead to disproportionate incarceration rates of indigenous girls. 33 The
Committee on the Rights of the Child has expressed concern regarding disproportionate rates
of incarceration of indigenous children and reiterated that the arrest and detention of children
should be a last resort.34
48.
While Aboriginal and Torres Strait Islanders make up only 3 per cent of the population
of Australia, their children and youth represent 50 per cent of those in detention and are more
than 20 times more likely to find themselves in custody than their non-indigenous
counterparts. 35 Indigenous children in detention have often been impacted by domestic
violence or suffer from mental health challenges. Reports on indigenous children in the
Australian child justice system include the use of solitary confinement and the detention of
children with disabilities, including cognitive impairments. Indigenous children have
reported being harassed, followed and stopped by police officers. That is supported by
research regarding the New South Wales suspect target management programme, which
reportedly targets children as young as 10, disproportionately Aboriginal, who are deemed to
be at risk of offending.36
49.
There are programmes that are aimed at improving the experience of indigenous
children in the Australian child justice system, including the Koori court programme which
creates transition plans for children once they leave detention. Other efforts involving and
being led by indigenous communities are based on restorative justice and circle sentencing.
The Rangatahi courts in New Zealand have helped Maori youth connect and engage more
actively with their community and cultural identity. Traditional restorative justice practices,
such as circle sentencing and focus on mutual forgiveness, have been reintroduced in parts
of Canada and the United States, the former having incorporated them into its youth criminal
justice system.
H.
Economic, social and cultural rights
50.
Indigenous children face marginalization and multiple disparities in the enjoyment of
their economic, social and cultural rights, frequently due to structural discrimination and
colonial legacies. They more often live in poverty than non-indigenous children, leaving them
more vulnerable to involvement with care and justice systems. They also experience
disproportionate rates of preventable childhood diseases.
51.
These disparities occur in rich and lesser developed countries. Maori children
experience higher poverty rates and more food insecurity than non-indigenous children in
New Zealand. While poverty is widely experienced by children in Latin America, it is more
common for indigenous children, particularly those in rural areas. Despite efforts made by
the State, corruption by service providers is a barrier to accessing water, school meals and
health services aimed at benefiting Wayuu children in the department of Guajira, Colombia.
In the Guajira, access to water is limited, childhood malnutrition rates are high and COVID19 containment measures have decreased the ability of the population to access food and
medical attention.37
52.
In her report of 2019, the Special Rapporteur on adequate housing as a component of
the right to an adequate standard of living, and on the right to non-discrimination in this
context found that even in rich countries, indigenous peoples often live in abhorrent
conditions in grossly inadequate housing lacking even basic amenities such as water and
33
34
35
36
37
10
Submission by the Office of the Special Representative of the Secretary-General on Violence Against
Children.
General comment No. 11, paras. 74–75. See also Committee on the Rights of the Child, general
comment No. 24 (2019).
Submissions by the Queensland Human Rights Commission and Human Rights Watch.
Wiyi Yani U Thangani (Women’s Voices), Securing Our Rights, Securing Our Future, p. 193.
Submission by Human Rights Watch.