Yesterday the Victorian Government passed a Bill in the Lower House which strips away one of the most basic human rights for people in Victorian prisons. The Victorian Aboriginal Legal Service strongly opposes this legislation which will allow Corrections Victoria to deny people access to fresh air based on the vague and open-ended excuse of “operational considerations”.
What we saw in the Victorian Parliament yesterday was an egregious display of carelessness throughout the debate, making one thing clear – this government and the opposition have a fundamental inability to care about risk to Aboriginal lives. If passed, this legislation will have an immense impact on Aboriginal people, who continue to be overrepresented in the criminal legal system as a result of regressive policy reform, system failures and racist policing practices.
For more than 18 months now, Corrections Victoria has abused the use of “operational considerations” to force lockdowns on a rolling basis due to staffing shortages. Our clients tell us of extended periods of confinement to their cells, interrupting their access to programs, visitations, medical and legal appointments as well as access to cultural, social and emotional wellbeing activities – all things that are paramount when it comes to rehabilitation. Throughout this time, there has been an alarming rise in self-harm incidents and suicide attempts across a number of prisons since these lockdowns began. We are scared, our communities are scared, people inside are scared – they are fearful that they will die from these lockdowns. The right to open air, often only granted for 1 hour a day, can be lifesaving. It is unconscionable to strip that away.
The Corrections Amendment Bill is not compatible with the Statewide Treaty agreement between this government and First Peoples. As shared in the Bill’s Statement of Compatibility with the Statewide Treaty, this government did not meet or consult with the newly appointed First Peoples Assembly representatives. First Peoples have engaged in this process in good faith, yet the first opportunity this government has where legislation will have a profound impact on the lives of Aboriginal people, they chose to not even listen to them.
This Bill completely disregards human rights, with an exceptional abuse of power where the government have chosen to override and ignore the Charter of Human Rights by not applying it to this legislation. They have done this on the very week that human rights advocates have been celebrating the 20-year anniversary of the Charter. By overriding the application of the Charter, this sets a dangerous precedent, putting vulnerable lives at risk.
They should be respecting, protecting and fulfilling these rights; what other rights will they erode? We believe that everyone deserves to see the sun and breathe fresh air.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“This Bill is unconscionable and I urge the new Premier to scrap it before it progresses any further. This legislation will not make people inside Victorian prisons safer. Instead, it will undoubtedly cause even more compounding trauma on the lives of Aboriginal people. We know from our clients’ experiences that Corrections already use and abuse this excuse of “operational considerations” to limit the rights of people in their care. This Bill gives them a license to withhold access to the most basic of rights, stripping away the wellbeing and dignity of people in prison.
This state so desperately needs to address its systemic issues of over-policing, racial discrimination, Aboriginal deaths in custody and the shamefully high levels of incarceration our people face. Until they are willing to authentically engage with and work with Gellung Warl, through Treaty, more Aboriginal lives will continue to be harmed by their policies.
Shame on this government for their complete disregard for basic human rights.”