The chair of the UN Committee on the Rights of the Child says the NT government’s lowering of the criminal age violates global treaty obligations

The chairman of the United Nations Committee on the Rights of the Child said the Northern Territory had breached Australia’s international treaty obligations by lowering the age of criminal responsibility from 12 to 10.

Speaking exclusively to ABC News, committee chair Ann Skelton said she was writing to Prime Minister Anthony Albanese to inform him of Australia’s treaty obligations as a signatory to the UN Convention on the Rights of the Child.

“The contract says that the minimum age cannot be set too low,” she said.

“Over the past 35 years, the committee has consistently interpreted this to mean that states must set an age and gradually increase it.

The Northern Territory passed new laws to lower the criminal age late on Thursday evening, fulfilling a key election promise made by the new conservative Country Liberal Party government in its first sessions of parliament.

The NT government is the first in the country to lower the age of criminal responsibility and begin incarcerating children as young as 10, two years after the territory became the first Australian jurisdiction to raise the age.

According to the Australian Institute of Health and Welfare, the jurisdiction has by far the highest rate of incarcerated children in Australia.

A recent report by the NT Children’s Commissioner found 94 per cent of children detained were Indigenous.

In a statement to the ABC, Prime Minister Lia Finocchiaro said the laws were not designed to send 10-year-olds to prison.

“By lowering the age of criminal responsibility, we can intervene earlier in a young person’s life and provide them with the support they need to turn a new page and begin a better journey of skills education,” she said.

However, her government voted against an amendment proposed by Yolŋu elder and independent politician Yiŋiya Guyula that 10- to 11-year-olds should not be sentenced to juvenile detention.

“In the elections seven weeks ago, territorial citizens voted overwhelmingly for this change,” Ms. Finocchiaro said.

The UN has recommended 14 as the minimum age of criminal responsibility worldwide, and 31 member states have previously asked Australia to meet that standard.

Currently, the minimum age of criminal responsibility is 10 in all Australian states and territories, except the ACT, which last year raised the minimum age of criminal responsibility to 12.

The ACT, Tasmania and Victoria have all previously committed to raising the age of criminal responsibility to 14, but Victoria has backtracked on that promise and now plans to raise it to 12.

“It’s a damn national disgrace”

National Children’s Commissioner Anne Hollonds requested a meeting with Ms Finocchiaro before introducing the new law.

Following the passage of the law, she called on Mr Albanese to make child welfare and justice a national Cabinet priority.

“The fact that this law was passed in the Northern Territory last night is evidence of the failure of all other systems that should have helped these children and their families much, much sooner,” she said.

Natalie Hunter, co-founder of the North Australian Aboriginal Justice Agency, said the passage of the laws was a “national day of mourning for our people”.

The Nyikina woman said she was shocked that the government did not pass the amendment without setting up rehabilitation and diversion programs, including the two promised “boot camps.”

“How can you pass a law if you don’t engage the support base first?” said Ms. Hunter.

“We don’t even have the support base now for what’s going on at the Don Dale Youth Detention Center.

“I worked in the Northern Territory’s child protection system for 20 years – it’s a bloody national disgrace.”

Ms Hunter said she believed the changes were racist and would not make the community safer.

“We know these are Aboriginal children,” she said.

“Incarcerating children makes crime worse – it doesn’t make things better… [Lia Finocchiaro] is just voting to keep them in power and that’s really sad.”

NT Darwin Catholic Bishop Charles Gauci said he had heard concerns from parishioners, including Aboriginal elders, about the “rapid pace of the new legislation”.

He called on the government to act “with wisdom and appropriate advice”.

“Legislation alone is not the complete solution, we also need to focus on long-term strategies that truly benefit all Territor residents,” he said.

The ABC contacted the Prime Minister’s Office several times for comment but did not receive a response by deadline.