The Northern Territory, Australia, has recently passed some contentious amendments to its youth justice laws and has caused a lot of concern. It includes the lowering of age criminal responsibility from 12 to 10, tightening of bail conditions, and a lessening of diversion programs.
These are in efforts to tackle community concerns at risk to their safety after the happening of tragic killings such as the killing of Declan Laverty, who called for the stiff laws that would advance youth crime legislations. Such an approach, however, human rights advocates claim, will most likely backfire, especially in the lives of Indigenous youth who are highly impacted by the criminal justice system in the NT.
In Australia, Northern Territory is plagued by the highest youth incarceration rates. Indigenously, mostly all juvenile detainees make up 95 percent of the numbers. Alarm has been voiced by indigenous advocacy groups and human rights groups like Amnesty International, which is concerned that the new laws will indeed perpetuate the cycle of incarceration of Indigenous children and not provide worthwhile rehabilitation.
Critics argue with the point that only such policies that go for punitive measures will disregard the actual causes of juvenile crime; poverty, trauma, or the absence of resources in communities. Many people believe that these issues underlying this problem would better impact youth’s behavior and community safety.
Amnesty International has been particularly worried about the reversal of progress made in the past few years by revisiting rehabilitation and diversionary programs for young offenders. Such programs, aimed at keeping young offenders out of detention, have proved effective in reducing reoffending rates through mentorship, educational support and skills training.
The recent changes limit the scope of access to such programs, where proven methods in preventing future crimes among youth offenders are thwarted. This turn from rehabilitation to punishment, according to Amnesty, may cut opportunities to break cycles of incarceration within Indigenous youth.
The amendments have also been condemned by Indigenous leaders and community groups for not representing the historical and social contexts affecting Indigenous communities. For example, youth leader Darren Damaso of the Aboriginal organization Brother 2 Another said culturally informed and community-led approaches are needed to overcome the unique issues faced by Indigenous youth.
These groups argue that incarceration would be less effective in combating crime unless trust was restored in communities, and that investments in those communities through programs such as support and guidance would assist in reducing crime.
The reforms have also sparked a broader debate across Australia over the age of criminal responsibility, with other states considering raising it to 14 to bring it into line with international standards.
Instead, the NT has positioned itself directly in opposition to both of these recommendations by the United Nations and growing recognition of social justice issues affecting Indigenous people in Australia. Changes may be subjected to further scrutiny in light of continued vocal opposition, with suggestions that policies need to be reconsidered to be able to concentrate more on offender rehabilitation within communities rather than prison sentences.