Human rights groups condemn ‘draconian and disastrous’ 14-day Alice Springs kids curfew

Human rights watchdogs and Alice Springs advocacy groups have raised their concerns around the 14-day Alice Springs youth curfew.

The human rights watchdogs and Aboriginal legal experts have condemned the Alice Springs children’s curfew as a “kneejerk” reaction which may breach anti-discrimination laws.

Under emergency measures announced by Chief Minister Eva Lawler and Police Commissioner Michael Murphy on Wednesday, anyone under the age of 18 would not be allowed out between the hours of 6pm and 6am without a ‘valid reason’ for the next 14 days.

The Anti-Discrimination Commission Jeswynn Yogaratnam raised his concerns about the “direct and indirect discriminatory consequences” from the blanket curfew, which he called a “reactive response, which has serious implications for vulnerable people”.

Mr Yogaratnam said he was investigating the curfew’s potential breaches of the Anti-discrimination Act on the basis of age, race, accommodation status and people suffering family violence.

The Anti-Discrimination Commission Jeswynn Yogaratnam raised his concerns about the “direct and indirect discriminatory consequences” from the blanket curfew.

He said despite the recent violence involving adults and children, only young people were targeted, while the laws will disproportionately impact homeless children and those fleeing family violence.

“There is a significant risk of racial profiling, criminalisation of Aboriginal children, and increased negative interactions with police,” Mr Yogaratnam said.

The NT Children’s Commissioner Shahleena Musk has called out the government for a lack of consultation, co-ordination and compassion by punishing all young people in Alice Springs with a sweeping curfew.

Ms Musk said she was “disappointed” that her office was not consulted about the emergency measures targeting young people, nor were many community groups and Aboriginal organisations.

She said there was a widespread concern about the scope of the new powers.

“No one has seen a copy of the emergency management plan,” she said.

“There needs to be transparency and clear guidance.”

Northern Territory Children's Commissioner has appointed Shahleena Musk in December 2023.

Ms Musk said it was unfair to impose the “blanket ban” on all children and young people, because of the actions of a few.

“Adults are the instigators, and children are being caught up in this,” she said.

North Australian Aboriginal Justice Agency Principal Legal Officer Jared Sharp said “kneejerk” curfew response to the violence was “misguided and misplaced as the incident is understood to have occurred during the daytime and primarily involved adults”.

“NAAJA implores the NT government to immediately back down from this draconian and potentially disastrous plan,” Mr Sharp said.

Mr Sharp said the decision risked inflaming problems in the region and was a “shortsighted quick fix that demonises young people and risks inflaming tensions and escalating problems”.

While Police Commissioner Michael Murphy said the curfew would not “criminalising” kids, both the Anti Discrimination and Children’s Commissioners and Mr Sharp warned it may lead to minors having negative interactions with police.

“This is criminalising children going about their lawful business,” Ms Musk said.

NAAJA Principal Legal Officer Jared Sharp said the curfew risked inflaming problems in the Alice Springs region.

National Aboriginal and Torres Strait Islander Legal Services chair Karly Warner said the situation would only get worse if leaders kept “repeating failed history”, through the curfew, “fearmongering” and threats of a new Federal intervention.

“Governments have a clear choice and it should be an easy one. They can opt for what they see as political fixes that make the problem worse, or they can go to the policies and solutions that are evidence-based and already well-established,” Ms Warner said.

National Aboriginal and Torres Strait Islander Legal Services chair Karly Warner said the situation would only get worse if leaders kept “repeating failed history”. Picture: Jonathan Ng

An estimated one in 20 Alice Springs children are homeless, while experts have repeatedly emphasised the links between unsafe homes with domestic violence and young people being on the street at night.

Ms Musk said there was a lack of clarity around where the children would be kept if their homes were not a “safe place”, particularly with the additional housing pressures on the community due to flood victims cut off from their homes.

Central Australian Aboriginal Congress CEO Donna Ah Chee was supportive of the emergency measures as a “circuit breaker”. Photo: EMMA MURRAY

Central Australian Aboriginal Congress, while supportive of the emergency measures as a “circuit breaker”, wanted assurances that children would be taken to safe homes.

“We need to ensure that if young people being taken home do not have a safe home to return to that Family Responsibility Agreements are utilised coupled with a Targeted Family Support Service,” chief executive Donna Ah Chee said.

“Parents need to take responsibility.”

Mr Sharp said the underlying drivers of crime needed to be addressed.

Amnesty International Indigenous Rights Campaigner and Gomeroi woman Kacey Teerman also denounced the youth curfew, saying it “merely sweeps the problem under the rug rather than providing meaningful solutions”.

The Justice Reform Initiative executive director Mindy Sotiri said research clearly showed that curfews were ineffective in reducing crime. Picture: Tim Hunter.

The Justice Reform Initiative executive director Mindy Sotiri said research clearly showed that curfews were ineffective in reducing crime, urging the government to take an evidence-based approach instead of reaching for “Band-Aid solutions” and “punitive quick fixes”.