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The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
The Australian Law Reform Commission inquiry into Indigenous incarceration in Australia recognises and validates widely held concerns. On the other hand, it also represents the abject failure of successive governments around the country to pay heed to what we do know about the incarceration of Aboriginal and Torres Strait Islander Australians, including the failure to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.
'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
'Finally!' we might think, regarding the commencement of the royal commission after the mainstream revelation of the abuses at Don Dale and other juvenile detention centres. But is this just another deferral to a disinterested power? What can we hope will come of moves like this from leaders whose own legitimacy feels so craven and thin? I suspect not much. There are already claims the royal commission into the protection and detention of children in the NT is on shaky ground.
When I read this week that Tony Abbott and John Howard will hear no talk of a Treaty with Aboriginal Australia, my first thought was 'Who listens to these blokes from ancient political history?' Abbott conceded that it is important to recognise Indigenous Australians were here first, 'But once it goes beyond that I think you open up all sorts of other things.' That is true, and those other things to be opened up are incredibly legally exciting and relevant to our times.
This is the scandalous state of Indigenous affairs in Australia. Aboriginal and Torres Strait Islander people and their communities literally face a life and death struggle against the state itself. These are not isolated incidents. They represent the intrinsic failure of our society to heed the concerns of communities themselves, and to engage with fellow citizens in a dignified and respectful way. The failure is so grave that state treatment meted out to Indigenous Australians is actively harmful on a large scale.
The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.
The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.
Around half of Indigenous prisoners in Roebourne Regional Prison are there on driving offences. Many Indigenous Australians do not have birth certificates and therefore cannot get a drivers licence. Yet those who live in remote areas often have no means of transport other than by car. When they are caught driving unlicensed, they receive a fine, and since many are unable to pay, they are consequently are jailed. And as we all know, jail is a particularly risky place for Indigenous Australians.
Last week, Malcolm Turnbull presented the eighth annual Prime Minister's Report on the government's Close the Gap campaign. The Close the Gap Campaign steering committee also released its 2016 progress and priorities report. While the reports identify modest gains, overall the gaps remain wide the words 'target not met' recur throughout. The results are disheartening but should strengthen the resolve of all concerned to set realistic goals, with consultation at local levels.
37-48 out of 78 results.