United Nations Committee on the Elimination of Racial Discrimination has issued a strong warning about the over-representation of Indigenous children in Australia’s criminal justice system, which indicates systematic racial discrimination, and urged the government to take immediate corrective measures.

In a statement issued under its Early Warning and Urgent Action procedure, the Committee said the scale of disparity highlights entrenched structural inequalities affecting Aboriginal and Torres Strait Islander communities.

According to the UN Committee on the Elimination of Racial Discrimination, indigenous children accounted for around 65 per cent of those in detention on an average day in 2023–24, despite making up only 6.5 per cent of the population aged between 10 and 17. “Racial profiling in law enforcement operations and the over-policing” are resulting in “higher incarceration rates among Indigenous children,” the committee stated.

The UN body linked the imbalance to wider social and economic disadvantage, pointing to ongoing challenges in access to education, healthcare, housing and social services. These factors, it said, continue to increase the likelihood of Indigenous children coming into contact with the justice system.

The Committee also expressed concern over legal frameworks in several states and territories, where the minimum age of criminal responsibility is as low as 10, below international standards.

The Committee warned that such provisions expose children to severe penalties at a young age, with some laws allowing “harsh adult penalties to be applied to Indigenous children, including life imprisonment in some cases.”

Moreover, the Committee cited reports of “solitary confinement for prolonged duration, ill-treatment and the use of spit hoods, and cases of self-harm and suicide,” raising questions about compliance with international human rights obligations.

The Committee acknowledged actions taken by Australia, such as national initiatives to improve results for Indigenous communities, but stated there was little proof of their efficacy.

The Committee further noted limited progress toward national targets to cut the number of Indigenous children in detention by 2031, warning that current efforts may fall short without stronger implementation.

It further called on Australia to review legislation with potential discriminatory effects, explicitly prohibit racial profiling, and ensure law enforcement practices are carried out in a non-arbitrary and non-discriminatory manner. It also urged improvements in detention conditions, including access to healthcare, legal support, and family contact for children in custody.

Australia ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1975. However, the Committee said the continued disparities indicate that significant gaps remain between international commitments and the realities faced by Indigenous children in the justice system.

UN Flags Widespread Racial Discrimination Concerns Across the Globe

The UN Committee on the Elimination of Racial Discrimination also raised a broad range of concerns over racial discrimination, human rights violations and gaps in legal protections across several countries, following its latest review of six States Parties.

The findings, released after the Committee’s latest review session, assess how Burkina Faso, Cuba, Cyprus, Serbia, Slovenia and Uzbekistan are implementing the International Convention on the Elimination of All Forms of Racial Discrimination.

While acknowledging some legislative and policy progress, the Committee said serious gaps remain, particularly in protecting minority communities and addressing structural discrimination.

In Burkina Faso, the Committee expressed grave concern over reports of serious abuses targeting members of the Fulani ethnic group. Allegations include extrajudicial killings, torture, arbitrary detention and enforced disappearances during military operations.

It warned that both state-linked forces and non-state armed groups have been implicated, while ethnic profiling tied to suspected links with extremist groups continues to persist.

Cuba was commended for recent constitutional and legal reforms, but the Committee said its framework still falls short of fully addressing racial discrimination.

The Committee highlighted continued marginalisation of people of African descent, reflected in poverty, vulnerability and disproportionate incarceration rates, and called for comprehensive anti-discrimination legislation and broader civic participation.

In Cyprus, concerns focused on the absence of a unified anti-discrimination law, which the Committee said may weaken protections. It also pointed to language requirements in employment and limited access to Turkish-language services as potential barriers for Turkish-speaking communities.

Serbia, meanwhile, faces challenges related to underreporting of racial discrimination and hate crimes, with victims often lacking trust in law enforcement. The Committee also warned about the spread of hate speech and the public glorification of convicted war criminals, urging stronger legal enforcement and clearer criminalisation of such acts.

In Slovenia, the Committee raised concerns about the potential impact of new public safety legislation on Roma communities. It said expanded policing powers and financial penalties could contribute to over-policing and deepen social exclusion, while longstanding inequalities in housing, healthcare and employment remain unresolved.

Uzbekistan was criticised for a lack of transparency over alleged human rights violations linked to the 2022 protests in Karakalpakstan. The Committee also expressed alarm over forced evictions affecting ethnic minority groups, particularly Luli/Roma communities, and called for accountability and adequate compensation.

Across all six countries, the Committee emphasised that without stronger enforcement, legal reform and targeted policies, racial discrimination will continue to undermine equality and limit access to fundamental rights.