A United Nations Working Group on Arbitrary Detention has concluded an official visit to Australia and released a statement expressing “major concerns” about the incarceration of Indigenous people, children as young as 10, and migrants – concerns that Australian officials described as “valued perspectives” they would take on board, which is the diplomatic equivalent of putting something in the recycling bin.
The group noted that First Nations people make up 3.8 per cent of Australia’s population but 35 per cent of those imprisoned, and called for comprehensive reforms, an end to child detention, and raising the minimum age of criminal responsibility from 10 to at least 14. Australia has had the age-of-responsibility debate for approximately two decades, during which time thousands of ten-year-olds have been processed through the justice system.
“Keeping children as young as 10 in adult prisons is inhumane” the experts said, adding that they were also denied access to detention facilities in the Northern Territory and to youth detention centres in Western Australia, which the experts noted “undermined the Working Group’s mandate.” Officials from both jurisdictions did not explain why they blocked the visit. The facilities, presumably, are fine.
Over 60 per cent of all children currently in unsentenced detention are First Nations children. Several states responded to these figures in late 2024 and 2025 by passing laws to imprison more children more easily. Queensland, Victoria and the Northern Territory all moved in this direction. The ACT, to its credit, raised the age of criminal responsibility to 14. It was, at least, something.
The UN’s final report will be presented to the Human Rights Council in September 2026. States and territories have been invited to respond. Most responses are expected to be 12 pages long and use the phrase “ongoing commitment” seven times.
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