The United Nations Working Group on Arbitrary Detention has concluded an official visit to Australia, declaring that the treatment of First Nations peoples, children, and migrants constitutes a persistent “human rights crisis”. While Australia’s criminal justice system contains legal safeguards against arbitrary detention, serious concerns remain regarding the country’s punitive approaches to detention.

In a comprehensive statement concluding their visit, the experts urged Australian authorities to enact major reforms, focusing on ending mandatory migration detention, substantially reducing the imprisonment of First Nations peoples, and raising the minimum age of criminal detention to at least 14 years.

Overincarceration of First Nations Peoples

The Working Group highlighted the “gross overrepresentation” of First Nations peoples in prison populations as a central crisis. Although First Nations people comprise only 3.8 percent of Australia’s total population, they account for 35 percent of those imprisoned nationwide. The disparity is even more extreme for women, with Indigenous women imprisoned at more than 20 times the rate of non-Indigenous women. Furthermore, the experts noted that over 30 Indigenous persons have died in custody this year.

The experts heard persistent reports of racial profiling and over-policing, despite legal prohibitions against such practices. They stressed that addressing this situation requires authorities to move beyond punitive measures and instead work in genuine partnership with First Nations communities to co-design solutions, including early intervention strategies and effective reintegration programs.

Detention of Children and Vulnerable Groups

The UN Working Group was also highly critical of the detention of children as young as 10, noting that the minimum age of criminal responsibility remains 10 years old in several Australian jurisdictions. Experts stated that “Keeping children as young as 10 in adult prisons is inhumane”.

In response, they called for the minimum age of detention to be raised to at least 14 years. They also demanded a complete ban on the use of international law-prohibited practices against children, including restraint chairs, spit hoods, and solitary confinement.

A related concern noted by the experts was the rapidly rising unsentenced, or remand, population. Currently, 42% of prisoners are unsentenced. The Working Group linked much of this population growth not to community risk, but to disadvantage stemming from discriminatory practices, social conditions, and homelessness. This issue has been exacerbated by recent restrictive bail reforms, which have dramatically increased the unsentenced population. Chronic staff shortages across many facilities also contribute to prolonged solitary confinement, denying prisoners access to fresh air, programs, and legal consultations.

Mandatory Migration Detention Criticized

Australia’s default reliance on migration detention also drew sharp criticism. The experts stated that merely entering a country irregularly should not automatically result in detention. They expressed alarm over mandatory detention practices that have kept some detainees incarcerated for over 15 years. The Working Group further criticized the Australian government for resuming the transfer of migrants to Nauru, a practice that has been found to violate international human rights obligations.

Despite these significant concerns, the Working Group did acknowledge that Australia maintains robust procedural protections intended to limit arbitrary detention, including widespread provision of legal aid. They noted positive measures such as justice reinvestment initiatives like Maranguka, specialist Indigenous sentencing courts, and a 24/7 legal advice service specifically for First Nations people.

However, the experts concluded that “urgent action is needed” to address the critical issues of mandatory migration detention, the detention and mistreatment of children, and the overincarceration of Indigenous peoples. The Working Group also regretted that its mandate was undermined when authorities denied them access to detention facilities in the Northern Territory and to youth detention facilities in Western Australia. A final report on the visit is scheduled to be presented to the UN Human Rights Council in September 2026.