Australian Government Rejects Most UN Recommendations on Indigenous Rights

The Australian government has declined to accept the majority of recommendations made by the United Nations Human Rights Council aimed at advancing the rights of Aboriginal and Torres Strait Islander peoples. In its formal response to the fourth Universal Periodic Review (UPR), Australia accepted 128 out of 332 recommendations, amounting to less than 40 per cent, a lower acceptance rate than the previous review in 2021, when 51 per cent of recommendations were accepted under the former Coalition government.

The rejected recommendations included calls from countries such as Germany, Norway, and France to raise the age of criminal responsibility, implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and introduce a national human rights act. The government also declined to support measures specifically targeting the overrepresentation of Indigenous children in the criminal justice system and broader protections for Indigenous rights.

Among the most debated issues was the minimum age of criminal responsibility, which remains at 10 in most Australian jurisdictions. The UN Human Rights Council and its Committee against Torture highlighted concerns regarding the treatment of young people in detention. The Committee found that children in youth detention had been subjected to verbal abuse, racist remarks, and potentially dangerous forms of restraint, and that solitary confinement practices persisted. Facilities identified as particularly concerning included Banksia Hill in Western Australia, Don Dale in the Northern Territory, and Ashley Youth Detention Centre in Tasmania.

Aboriginal and Torres Strait Islander children continue to be disproportionately represented in these settings. On an average day in 2025, data showed that 734 children were detained across Australia, with nearly 62 per cent identifying as Indigenous. Incarceration rates for Indigenous children are more than 25 times higher than those for non-Indigenous children. According to the Productivity Commission's latest Report on Government Services, the cost of youth detention averages $1.3 million per child each year, or more than $3,600 per day.

Several Indigenous leaders and legal advocates have criticised the government's response. Jade Lane, CEO of Change the Record, described the rejection of calls to raise the minimum age as a continuation of policies that disproportionately criminalise First Nations children. Lane argued that the government's refusal to align Australia's criminal legal system with the Convention on the Rights of the Child perpetuates inequality and fails to meet Australia's human rights obligations.

Nerita Waight, Chair of the National Aboriginal and Torres Strait Islander Legal Services (NATSILS), has previously highlighted the systemic nature of the issue, pointing to laws and decisions that result in Aboriginal children being policed earlier, charged more often, refused bail more readily, and held on remand in damaging conditions. These concerns were echoed in a complaint to the UN Committee on the Elimination of Racial Discrimination by Professors Megan Davis and Hannah McGlade, who cited the disproportionate impact of youth justice laws on Indigenous children.

The UN Committee on the Elimination of Racial Discrimination has expressed concern regarding the extreme incarceration rates, racial profiling, over-policing, and ill-treatment of Indigenous children in custody. The Committee noted reports of inadequate conditions and healthcare services in detention, the detention of Indigenous children with adults, prolonged solitary confinement, use of spit hoods, and incidents of self-harm and suicide.

In its written response to the UPR, the Australian government acknowledged the need to address the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system and reiterated its commitment to improving youth justice outcomes. However, the government maintained that raising the age of criminal responsibility falls within the remit of states and territories. Internal government documents, as reported, revealed that federal authorities have resisted calls to intervene, despite legal advice indicating that the Commonwealth holds constitutional power under section 51(xxix) to legislate in order to meet international human rights obligations.

The government cited the National Agreement on Closing the Gap as a framework built on partnership and respect for the inherent rights of Aboriginal and Torres Strait Islander peoples. However, critics noted that this agreement does not impose penalties for non-compliance by states and territories, and several jurisdictions have enacted legislation perceived as undermining its commitments. Both Queensland and the Northern Territory have resisted aligning youth justice laws with Closing the Gap targets. In 2023, Northern Territory Attorney-General Marie-Clare Boothby stated that while the agreement is acknowledged, it cannot come at the expense of community safety.

Human rights advocates have characterised the government's response as insufficient in light of international expectations. Caitlin Reiger, CEO of the Human Rights Law Centre, noted that countries including the United Kingdom, Norway, and Germany had urged Australia to strengthen protections for First Nations people, children, and refugees. These calls, she argued, have been rejected.

On the issue of implementing UNDRIP, the government declined to support recommendations that would require all Commonwealth legislation and policy to be made consistent with the declaration. This followed a 2023 recommendation from the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs for such alignment, as well as independent processes of truth-telling and agreement-making to support implementation. Cathryn Eatock, Co-Chair of the Indigenous Peoples Organisation Australia, stated that failure to implement UNDRIP would have lasting consequences, arguing that ongoing marginalisation and the persistent gap in outcomes are linked to insufficient engagement with Indigenous peoples in decision-making.

In its response, the government stated that states and territories are working to improve conditions for people in detention, with investment in rehabilitation, reintegration, diversionary programs, and non-custodial options aimed at reducing recidivism and the overrepresentation of Aboriginal and Torres Strait Islander peoples in prison. Despite these assertions, youth justice practices remain under scrutiny. Reports over the past two years have documented children as young as 11 being held in adult watch houses, the reintroduction of spit hoods in the Northern Territory despite earlier recommendations to ban the practice, and some state leaders publicly supporting life sentences for children.

During his February address on Closing the Gap, Prime Minister Anthony Albanese supported the right of jurisdictions to prioritise community safety, signalling endorsement of tougher approaches adopted by some states and territories. Human Rights Watch Australia researcher Annabel Hennessy said the government's stance conflicted with its stated commitment to human rights, noting that recommendations on child incarceration, offshore asylum seeker detention, and climate action remain unaddressed despite repeated calls from the international community.

The UN Declaration on the Rights of Indigenous Peoples will mark its twentieth anniversary next year. Australia’s decision not to fully implement the declaration, alongside its broader human rights record as assessed in the latest UPR, continues to be a focal point for domestic and international scrutiny regarding the rights and welfare of Aboriginal and Torres Strait Islander peoples.