Human Rights Audit Conditions of detention of Women at the

Alexander Machonochie Centre

Gabrielle McKinnon Human Rights Legal Adviser

I would like to acknowledge the Traditional Owners of the land on which we meet today and pay my respects to their Elders past and present.

Scope of the audit

To review the effect and implementation of Territory laws governing the treatment of women detainees at the Alexander Maconochie Centre, pursuant to s.41 of the Human Rights Act 2004, and functions under the Discrimination Act 1991 and the

Human Rights Commission Act 2005

accommodation privacy

Terms of reference

Educational, vocational and detainees’ ability to observe their rehabilitation programs religion searches opportunities for sport and recreation opportunities for work discipline segregation and seclusion staffing issues classification independent monitoring support for women to maintain relationships with families and dependent children treatment of pregnant women, and breastfeeding mothers freedom of information and communication detainees’ ability to observe their religion

Methodology

• • • • • • • • Interviews with women detainees (current and former) – WIP group Forum with the women Site visits (AMC and NSW ) Public submissions Stakeholder interviews Forum for statutory office holders Minister’s forum for NGOs Review of policies, records, other documentation

Women at AMC

• At 30 June 2013, 12 women in custody • 300 men • ACT not reflecting national increase in women being incarcerated • 3 women serving 5 years or more • Remaining 9 average less than 100 days • High turnover of women on remand • Low numbers but complex needs • Range of literacy levels, some women with university degrees • Aboriginal women overrepresented

Preliminary findings

• Conditions of detention generally humane and respectful, low levels of strip searching, use of force, modern cottage accommodation • One area of concern is lack of a structured day for women, inequality of access to employment, and limitations education and programs for women serving longer terms • Misunderstanding of human rights, view that human rights prevents imposition of any routine or structure, everything is voluntary

• Supporting and maintaining relationships between women and their children • Children staying with mothers at AMC • Women in the crisis support unit • Access to transitional release • Overall issue of constraints imposed by very small numbers, even with extensive additional resources can’t provide equivalent opportunities to larger jurisdictions.

• But smaller numbers also offer opportunities to do things differently – substantive equality

Discussion Points

• What is the same or different in your jurisdiction?

• How do we get buy in from government?

(and other stakeholders/community?) • Does it make a difference if you have a strong AJA/Legislative bill of rights?

• How do we add value as human rights bodies?

• How do we best make a difference over the long term?

Our Contact details

Phone: 6205 2222 Fax: TTY: 6207 1034 6205 1666 Email: [email protected]

Web: www.hrc.act.gov.au