justice & indigenous australians

8/12/2019 Justice & Indigenous Australians

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6th June 2014 Issue 12, Vol. 21

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THE CATHOLIC

LEADERJustice, Crime and Indigenous AustraliansJoe Dwyer, 2014

A Poor State of Affairs: Australia & Indigenous Justice

There are twelve times as many Indigenous Australians in prison as there are non-Indigenous. Over-

representation is even greater in juvenile detention facilities (for ages 10-17), as there are twenty-four times

as many Indigenous Australians as there are non-Indigenous. The roots of these problems lie with the guilty

ones: us. The non-Indigenous people that make decisions regarding the Indigenous.

In South Africa in 1993, just before the collapse of apartheid, the rate of incarceration for black men was 851

per 100,000 (or one in 118). In Australia today, the imprisonment rate for indigenous men is five times as

high, at 4228 per 100,000 (one in 24).

Why are prison rates so high and unjust for Indigenous Australians? A key contributor to this disgusting state

of Australian society is the disconnection from land, as the result of the Stolen Generations, harmful

government policies, and even 2007 s Intervention Policy. For the native owners of this land, their culture

and life is based upon their land. When they are disconnected from their land, they are significantly more

likely to get into conflict with Australian law. Member of Aboriginal Tent Embassy and Aboriginal Elder,


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Wadjularbinna Nullyarimma, sums this ideal up in a quote that resonates with those dedicated to social

justice in Australia. He says, We cannot flee persecution to another country because we are spiritually

connected to our own ancestral lands. So jails and mental institutions are full of our people.

A significant reason for the lack of justice for Indigenous Australians is because of the relative indifference

of the non-Indigenous Australians. Evidence has proved time and time again that the Australian Government

rely blindly on their departments to provide a solution. They will seek the advice of Aboriginal elders, but

this is rarely followed. Thus programs and decisions are made that strongly affect the Aboriginals, resulting

in issues that result in crime. This essentially means that a significant amount of the crime in Aboriginal

communities is caused by the Government s programs themselves.

There are also reports amongst Aboriginal communities that the Indigenous are treated differently for trivial

offences. A specific example is many Aboriginal youth going to prison for driving without a license. In

modern society, the ability to drive is crucial, and this transportation can open up many opportunities for

Aboriginal youth.

However, many remote communities lack trainers and facillties, and the Anglo-centric language used for thewritten tests are inappropriate. This means when Indigenous are caught driving unlicensed, unregistered, and

uninsured, as the case often is, they have the metaphorical book thrown at them. The fact that a twisted

system like this can exist in 21 st Century Australia is sickening.

A Brighter Future: Catholic Social Justice Teachings on Crime, Justice & Imprisonment

In 1999, the Australian Catholic Social Justices Council published a report, entitled Prisons: The Last Resort

- A Christian Response to Australian Prisons . It features key quotes and teachings on Australian Justice,

with a special emphasis on justice for Aboriginal Australians. It rails against the current system of prolonged

imprisonment for Aboriginal Australians for minor offences, and the general Australian attitude, which

promotes jail time. One quote is particularly relevant in addressing the attitude towards Indigenous

Australians in jail. It says, Our community frequently makes scapegoats of those in jail, placing the guilt of

society on them rather than confronting the fact that we are all caught up in the predicament of society. This

is especially relevant in the context of Indigenous justice and crime. The social justice teachings tell us that

prisons are not Christ s way. To isolate a member of society from human relationships is against the

teachings of Catholicism. The social justice teachings on Indigenous Australians are summed up effectively

in the statement:

The Aboriginals should not be treated in the same way as non-Aboriginals under the eye ofour justice system. They have a different culture, and this needs to be respected. Systems like the Murri

Court need to be significantly more prominent, so all Australians can have a brighter future, under the

understanding of Catholic teachings.

A Bold Solution: Solving The Problem

There are several ways to solve the key questions, and thus the key problems facing Indigenous Australians

in regards to crime and justice. How can we reduce Aboriginal rates of incarceration? How can we increase

justice for the Indigenous population of Australia? Recreational Programs for the Indigenous youth. Often

boredom can lead to a random act of crime, which can then lead to a life of crime. Putting money into sport


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or music programs would be enormously beneficial, meaning the Aboriginal youth would avoid negative

interactions with the law, and thus have a more positive future.The reinstitution of the Murri Court and other

similar programs. These would deal with only Indigenous criminal issues, and thus have a positive and

intense focus. A fresh, promising approach to reducing reoffending rates is a method known as circle

sentencing, where Aboriginal people, along with jurisdictional officials and experts, judge their peers. This

method has shown remarkable success amongst Canada s Indigenous population, which have many of the

similar problems that face Australian Aboriginals. Current high rates of reoffending prove that punitive

measures simply are not working for Indigenous. Another, very important and effective way of reducing

crime and justice issues, is a method known as Justice reinvestment, wherein money that would be spent on

sending the Indigenous Australians to jail, is in fact spent on programs that aim to target the cause of crime.

Through this umbrella method, programs like circle sentencing, recreational programs, and the Murri Court

can have the money to function properly, and provide justice to those in Aboriginal communities.

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