NT Anti-Discrimination Commissioner calls out Finocchiaro's transphobia

Northern Territory Anti-Discrimination Commissioner, Jeswynn Yogaratnam, has called out Lia Finocchiaro’s “alarmist and unsupported” comments regarding transgender women in prison.

The NT Department of Corrections say no trans women are currently placed within women’s correctional units in the Northern Territory.

And that there are recorded incidents of violence against female prisoners involving trans women in NT correctional units.

The comments come in response to statements by Chief Minister Lia Finocchiaro earlier this week.

Finocchiaro announced that she would ban transgender female prisoners from women’s prisons.

With her comments being widely criticised as transphobic and an attempt to manufacture a culture war.

“At the end of the day, if you’re born a bloke, you’re going to men’s prison and we’ll deal with you there,” Finnocchiaro said.

“If you are a man and you’re fundamentally equipped as a man…then you belong in a men’s prison.”

The NT is the first Australian jurisdiction to announce that offenders will be housed in custody facilities according to their gender assigned at birth.

The Northern Territory Anti-Discrimination Commissioner, Jeswynn Yogaratnam, responded to the Chief Minister’s “alarmist: comments, saying they are “unsupported by evidence.”

“I express serious concerns about recent public comments made by the Chief Minister, Lia Finocchiaro, regarding banning of transgender women in women’s prisons.” Yogaratnam wrote in a statement.

“The comments are alarmist, unsupported by evidence from the NT, and risk inflaming prejudice and hostility toward trans Territorians.”

“They also fail to acknowledge the significant, long-documented safety risks faced by transgender prisoners in men’s units at NT correctional facilities.”

Source: X/ composite image Picfer with trans flag

‘A trans person in custody has a need to be housed safely’

An existing policy for managing a transgender prisoner already exists.

It states that all placement decisions are made individually by the General Manager of the correctional centre.

This is done in consultation with health practitioners and the prisoner concerned.

“The Commission understands from NT Department of Corrections that no trans women are currently placed within women’s correctional units in the Northern Territory,” the statement said.

“While placed at the men’s unit in a single cell, trans women prisoners are provided similar ‘entitlements’ to women in the women’s unit.”

“A trans person in custody has a special need to be housed safely in a setting that aligns with his/her/their gender identity.

“Failure to consider or reasonably accommodate that need would expose NT Corrections and by extension, the NT Government to potential legal liability.

“The Commission reiterates that women’s safety in custody is a legitimate and vital concern.

“But it must be addressed through evidence-based correctional policy.

“Not through fear or misinformation.

“Overcrowding, inadequate health services, and under-resourcing – not transgender prisoners – remain the major systemic causes of violence and unsafe conditions in NT prisons.”

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Flippant, harmful and unverified comments

Finocchiaro’s comments follow a Women’s Forum Australia petition sent to territory leaders on the weekend.

The letter used information based on a transgender inmate in Victoria.

Stating that transgender women in female prisons present a safety risk to cis female inmates.

“Single-sex prisons exist to protect women’s dignity, privacy and safety,” the petition stated.

“Any solutions to male-on-male prison violence must be found within the men’s system, not at the expense of vulnerable women.”

Becky Tidman, Chair of Darwin Pride, said, “Our transgender community deserves better.”

“The Chief Minister’s remarks do little to create a safer Territory, but instead isolate and target a vulnerable group.

“Throwing out ill-thought-out comments and tropes about transgender people may generate media attention,

“But it has no actual impact on community safety or the safety of people in prison.

“What these comments do achieve is immense psychological harm to our transgender community, and that is not okay.

“Trans women face higher rates of gender-based violence and have higher rates of victimhood, trauma, and abuse.

“Their lives and safety matter just as much as those of cisgender women and men.

“Making flippant and harmful comments in response to unverified events interstate ignores the unique communities of Sistergirls and Brotherboys in the Northern Territory and places lives at risk.”

No record of violence against women by trans prisoners

“Trans women are not a threat to women’s safety,” Yogaratnam said.

“They are among those most at risk of harm.”

“Public office holders have a duty to uphold evidence-based, lawful, and inclusive governance.

“Not to inflame fear or division.”

The Anti-Discrimination Act 1992 (NT) prohibits discrimination on the basis of gender identity.

“When making placement decisions for trans prisoners, the current policy already requires a comprehensive risk assessment.” Yogaratnam said.

“Taking into account safety, medical advice, and the prisoner’s lived gender identity.”

“The General Manager does not currently make placement decisions based solely on the prisoner’s self-identification.

“Public statements suggesting that trans women are a safety threat to others in custody are transmisogynistic and contrary to the evidence.

“National and international data show that trans women are at a far higher risk of sexual assault, harassment and self-harm when housed in men’s units.

“Incarcerating trans women in male facilities without appropriate accommodation or protection can amount to unlawful discrimination and a breach of that duty.”

The Anti-Discrimination Commissioner urged the NT Government to consult with relevant organisations on this matter before making policy changes that affect transgender Territorians.