UN Condemns Mandatory Sentencing

Date: 13 March 2000

The United Nations Reference Paper released today confirms that the Northern Territory and Western Australian mandatory sentencing regimes offend a number of significant human rights principles, particularly the appropriate treatment of juveniles.

The Reference Paper was prepared by UNICEF and the Office of the High Commissioner for Human Rights in response to a request from the UN Secretary-General, Mr Kofi Annan.

It draws attention, in particular, to the significant inconsistencies with the UN Convention on the Rights of the Child and the UN Standard Minimum Rules for the Administration of Juvenile Justice.

The Reference Paper found:

"This matter is a very important one from the human rights perspective and all states should give the principles involved the closest attention in legislation and practice."

Mandatory sentencing laws operate as an excessive and arbitrary response to incidents such as the theft of a packet of biscuits that should be dealt with by more effective and appropriate measures.

Both the Northern Territory and Western Australian Governments have deprived their citizens of a range of best practice alternatives to detention that have been developed in the area of juvenile justice in other states.

Sentencing guidelines developed by the NSW Chief Justice and restorative justice programs in a number of States are examples of progressive and effective alternatives available to governments and the judiciary.

The Reference Paper noted that incarceration can actually increase the likelihood of further criminal activity.

It also noted that the negative effects of imprisonment "are certainly more acute for juveniles than for adults because of their early stage of development". These comments are particularly relevant in considering the trauma suffered by Aboriginal youths who are disproportionately imprisoned under mandatory sentencing laws.

While complying with diplomatic propriety, the Reference Paper leaves no doubt that the mandatory sentencing laws offend a number of very significant human rights obligations.

While the views of the United Nations and the international community are persuasive, the pursuit of a just and effective juvenile justice system is a vital responsibility of the Commonwealth, State and Territory Governments. We must set our houses in order.

For further information

Contact:	Kim Beazley
Union:	ALP Federal

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