Human rights

This theme addresses the need to embed human rights protections in law, policy, and practice for Aboriginal peoples, particularly in the context of incarceration and systemic discrimination. The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recognised that racism and discrimination, inhumane prison conditions, and the absence of enforceable rights contributed significantly to both the over-representation of Aboriginal people in custody and the risks they faced once there. Recommendations under this theme aimed to ensure that Aboriginal people are informed of and able to access anti-discrimination protections, that racial discrimination is addressed through civil law, and that prison systems reflect both international obligations and the cultural needs of Aboriginal people. The RCIADIC also called for national standards to be developed and implemented with Aboriginal input and advocated for reconciliation as a broad social goal.

Since the RCIADIC, various legal and institutional reforms have been introduced at both a national level and in Victoria, with mixed outcomes. Major reviews—including the 2022 Cultural Review of the Adult Custodial Corrections System and the Yoorrook Justice Commission—have documented widespread failures in practice, including racial abuse, unsafe environments, poor healthcare, and a lack of cultural safety in Victorian prisons. The AJC has been a key advocate for meaningful reform, consistently raising concerns about gaps between policy and implementation.

The AJC has noted that while funding has increased, it is often not directed to areas that would improve outcomes for Aboriginal people in custody. They have critiqued the lack of community control in the development of custodial standards and internal corrections policies. The AJC strongly supports the recommendations of the Cultural Review and Yoorrook, particularly those calling for new laws, structural change, and a stronger commitment to self-determination and cultural safety. Their assessments of these recommendations highlight a clear need for systemic transformation.