INDIGENOUS CHILDREN: UN report shows overrepresentation in judicial system

Summary: At its sixth session in Geneva, the Expert Mechanism on the Rights of Indigenous Peoples presented its study on access to justice, paying special attention to children and youth.

The study by the Expert Mechanism on the Rights of Indigenous Peoples, established through the Human Rights Council to provide advice and research on the rights of indigenous peoples, was commissioned because of the “gravity… [of the] discrimination against indigenous peoples in criminal justice systems, particularly for indigenous women and youth.”

Access to justice for children and youth

In the study, a special focus is given to children and youth. The following are extracts from the report:

Barriers

While little systematic data exists regarding indigenous youth, existing statistics point to their overrepresentation throughout the justice system. In its general comment No. 11 (2009), the Committee on the Rights of the Child noted with concern such disproportionately high rates of incarceration, observing that, in some instances, these may be attributed to systematic discrimination within the justice system and society (para. 74).

Indigenous youth may be more likely to be detained as a result of laws with discriminatory effect, such as curfew breaching and “move on” laws, which disproportionately affect indigenous youth who make greater use of public space as cultural space and for congregation and socialization due to lower levels of property ownership. Once in custody, indigenous youth may be less likely to benefit from non-custodial sentencing options or restorative justice measures, and more likely to receive the most punitive measures and to be subjected to the harshest treatments, such as being placed in secure confinement.

Remedies

The Committee on the Rights of the Child has called upon States to both take measures to address juvenile crimes without resorting to judicial proceedings wherever possible and also to support traditional restorative justice systems to the extent they promote the best interests of the child. The Committee has also called on States to develop juvenile justice systems in consultation with indigenous peoples and has further identified the need for access to culturally appropriate services in juvenile justice.

Some appropriate measures are under way. For example, the Expert Mechanism received information about the Marae-based court system (New Zealand) described above. For youth in detention, Maori Focus Units aim to reduce the risk of re-offending in part by helping participants understand and value their Maori culture, as well as understanding how it influences themselves, their families and their communities.

The Expert Mechanism also received information on the importance of including indigenous youth, who may experience systemic violence without understanding historical and policy related causes, in truth seeking processes. Such engagement can help youth to participate in broader processes of seeking justice. This can validate the experiences of elders who have survived historical injustices and abuse.

Further Information

pdf: http://www.crin.org/docs/A-HRC-EMRIP-2013-2_en.pdf

Web: 
http://www.ohchr.org/EN/NewsEvents/Pages/JusticeForIndigenousPeoples.aspx

Countries

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