Human Rights Peace and Development

Introduction

Indigenous people all over the world have always been discriminated against and one of the most socially and economically marginalised group of people. Systemic disadvantages and decades of exploitation through colonisation have made them vulnerable and are prone to human rights violation. This is one of the most important reason why they are over represented in prisons. Disproportionate sentencing, lack of access to education/employment and drugs/alcohol abuse among indigenous people are the most common and notable reasons why they over-represent prison population.

Based on the above background, the purpose of this essay is to explore the human rights issues of the indigenous people in countries like Australia and Canada. In this process, the essay analyses how human rights treaties and laws have impact the socio-economic condition of the indigenous people and evaluate whether the human rights instruments have been effective. Lastly, the essay identifies some issues and provide potential solutions.

Human Rights Issues of Indigenous People

Indigenous people are historically disadvantaged which made them vulnerable in the contemporary society. As per a report published by UN Department of Public Information (2010) the condition of indigenous people around the world is alarming due to poverty, lack of health, education, employment and human rights. According to the Australian Institute of Aboriginal and Torres Strait Islander Studies (2014), colonialism is a major factor in the high incarceration rates of Aboriginal people, who lack the means to overcome their social and economic disadvantages. Similar historical perspectives can be found in the research conducted by Snowball and Weatherburn (2006) and the Bureau of Crime Statistics and Research, which noted that Aboriginal people had been subjected to systemic discrimination because of their cultural differences, past criminal histories, drug and alcohol abuse, and lack of education.

Despite international treaties and covenants for the protection of the indigenous people, they faced grave violation of human rights for not having adequate access to basic needs like housing, health services and criminal justice system. Their right to self-determination and autonomy have been taken away by colonisation and unfortunately the contemporary government system made insignificant efforts to bring back human rights protection for the indigenous people. The Australian government made some efforts to address the socio-economic gap, however, it has been considered ineffective by past studies (Mansell 2011).

Impact on Indigenous People: Established & Consolidated Human Rights

International treaties and bodies like the International Covenant on Civil and Political Rights, International Labour Organisation, and International Covenant on Economic, Social and Cultural Rights are expected to make states comply with human rights protection requirements. Most importantly, UN Declaration on the Rights of Indigenous Peoples has been the most notable since it focuses on indigenous rights. This declaration gave right to self-determination under Article 3 and 4 but they are still vulnerable due to lack of realisation of these rights. Denial of such rights and systemic/structural disadvantages have made the international covenants ineffective. 

 Problems, Solutions and Effectiveness

As mentioned earlier that disproportionate sentencing, lack of education/employment and drug/alcohol abuse are the three major problems of the indigenous communities which led to them face higher incarceration rates in countries like Australia and Canada. For this purpose, the solution is to prevent over-policing towards indigenous people and change the approach of the judicial authorities since they most often deny bail to indigenous offenders leading to higher period of sentences. In addition, governments must spend more on indigenous education and employment so that indigenous children do not end up in prison due to lack of employment and income earning opportunities. In Australia, the National Agreement on Closing the Gap has been an effective mechanism since indigenous children receive separate early childhood education for better upbringing. Lastly, as far as tackling drug/alcohol abuse is concerned, National Indigenous Drug and Alcohol Committee (2009) stated that supply for alcohol and illegal substances can solve this problem. 

Conclusion

To conclude, it can be said that the indigenous people in countries like Australia and Canada are the most vulnerable due to their low socio-economic status. Such poor condition did not occur overnight and rather has been caused due to lack of human rights protection mechanism for indigenous people and years of discrimination. The fact that they over-represent prison population in Australia and Canada in itself is sufficient to understand a huge social gap. It is true that they commit more crimes, however, the main question the government needs to answer and solve is why they commit more crimes and what are their motivations.

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