2022-12-19
Monday 19 December 2022
The Greens are calling for children imprisoned at Ashley Youth Detention Centre to be allowed wherever possible to spend Christmas at home with their families, including immediately reviewing children on remand. The Tasmanian Attorney General must also repeal state gag laws which prevent adult survivors from telling their stories.
Australian Greens Senator and Justice Spokesperson David Shoebridge joined Tasmanian Greens MP Cassy O’Connor in Launceston today, calling on the Tasmanian government to commit to a deadline to shut the notorious Ashley Youth Detention Centre.
This is part of a growing national campaign to shut child prisons in Australia, where currently children as young as 10 are spending up to 23 hours a day in forced isolation. Every child prison is a scene of child abuse, with the notorious Ashley child detention centre being a site of appalling institutional child abuse.
Tasmanian Greens Leader, Cassy O’Connor MP, said:
“In recent months, children imprisoned at Ashley Youth Detention Centre have been confined to their rooms for up to 23 hours a day due to chronic understaffing.
“With this in mind, Christmas and the holiday period looks extremely grim for those kids.
“The horror stories of Ashley were laid bare through the Commission of Inquiry. Every compassionate Tasmanian would want to be reassured those children won’t be confined to their cells over Christmas and New Year.
“The Rockliff Government must take steps to identify every young person who would be appropriate to release early, as well as opportunities to allow other out on day release for the holidays.
“For every young person remaining at Ashley, steps must be taken to ensure that they have a pleasant Christmas. This includes ensuring a full staff roster, activities and a Christmas dinner for those who celebrate Christmas.
“At any one time, there are fewer than a dozen children in Ashley. This is not a big ask of government,” Cassy O’Connor MP said.
Australian Greens Senator and Justice Spokesperson David Shoebridge said:
“These children should be home with their families for Christmas, some haven’t even been before a court, yet they’re locked up in the Ashley house of horrors because the Tasmanian Liberals have failed to shut this abusive prison.
“The Albanese Labor government can’t just turn away while the States and Territories lock up children and abuse them - these child prisons are breaching Australia’s international obligations to respect children’s rights and protect them from harm.
“Every child deserves a second chance and to be supported to grow up safe and strong with family and community, but right now Australia is condemning yet another generation of children to lives scarred by the trauma of institutional abuse.
“The vast majority of children in prison in Australia today are First Nations - this is a stain on our nation and the Federal government needs to urgently change the law to keep children safe.
“The longstanding abuse in Ashley was enabled by gag laws that prevent even adult survivors of the institution from speaking out.
“Adult survivors of Ashley have a right to tell their stories and today we are calling on the Tasmanian Attorney General to urgently repeal these archaic laws. We need to listen to the stories of survivors and say never, ever again,” Senator Shoebridge said.
Media contacts
Cassy O’Connor MP: Alice Giblin 0429 402 283
Senator Shoebridge: Alison Martin 0432 941 533
Background:
Australia is failing to meet its obligations under a range of international treaties, as the states and territories continue to imprison children in institutions that systematically abuse their rights. Responsibility for implementing these Conventions continues to rest with the Commonwealth.
In addition to shocking evidence of abuse including sexual abuse in AYDC, in recent months children imprisoned in Tasmania’s Ashely Youth Detention Centre have been forced into prolonged isolation – locked in their rooms for 23 hours a day due to staff shortages. Tasmania’s Commissioner for Children and Young people has described this as a gross failure to uphold the rights of children under the UN Convention on the Rights of the Child.
The Federal legal mechanism for the national protection of children is the External Affairs power, which should be used to implement international obligations by making it unlawful to imprison children in the Don Dale Youth Detention Centre.
Further detail:
Australia is a signatory to the following international treaties (among others):
* International Covenant on Civil and Political Rights (ICCPR)
* International Covenant on Economic, Social and Cultural Rights (ICESCR)
* Convention against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment, and (CAT)
* Convention on the Rights of the Child (CRC).
Each of these treaties prescribes rights that apply to children in general, and children held in detention more specifically. As a signatory, Australia is positively obliged to respect and protect those prescribed rights, including Article 37 of the CRC, which provides that "every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person."
External affairs power:
The Federal Government has the power to legislate with respect to matters relating to treaties such as the CAT. This can be achieved through the external affairs power of the Australian Constitution (section 51(xxix)), which provides:
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:-
(xxix) External affairs
Section 51(xxix) supports the making of laws with respect to matters physically external to Australia and laws affecting Australia's relations with other states. According to Rothwell, this extends to any law that:
(1) Is with respect to a matter external to Australia.
(2) Is based on an international treaty to which Australia is a party.
(3) Is with respect to a matter the subject of international concern.
(4) Is with respect to a matter which Australia is under an international obligation to regulate.
(5) Is one which is generally regulated and subject to international law under either customary international law or under general principles of international law.
(6) Has been subject to recommendations by international bodies, agencies or organisations.
(7) Relates to matters which deal with Australia's relations with other states.