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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.
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.
'I am a Jesuit amongst Dominicans contemplating the Church's view of human rights. I am a human rights practitioner rather than a theologian, aware that human rights discourse is increasingly more universal and secular. Contemplating, preaching and enacting human rights in the 21st Century Church and World, I come asking two questions.' Frank Brennan's keynote presentation in Salamanca Spain to the International Congress of Dominicans in the Promotion and Defence of Human Rights: Past, Present, Future on the occasion of their 800th anniversary.
Many Brazilians remember the 'Red Bishop' as much more than a defender of human rights. For these people, Helder Camara is included reverently in the litany of rogues who drew the ire of church and state authorities by demanding both do a better job of embodying a message of social justice. It was a powerful idea to grow up with: that this imposing and defining institution I had been born and baptised into contained a rebellious truth that often demanded we go against the institution's own grain.
Oliver Twist is still used to aid understanding of the trauma arising from poverty, and the suffering of children at the hands of individuals and within institutional settings. In broader Australian society we assume Dickensian attitudes to children have evolved. Aligned with the sentiments behind child protection, society's image of children and childhood is idyllic. Yet beneath this veneer lies a substratum of deeply ambivalent, even malevolent, attitudes towards children with a distinctly Dickensian flavour.
I had been in WA for exactly a year when the local newspaper reported that a white guy had led about 200 people off Wave Rock station. Coming out of the comfortable myth that my home country of New Zealand was not racist, I was amazed to learn that Australia's Indigenous people were obliged to work without industrial protections. In 1966 it was the British Vesteys Group that had been exploiting Aboriginal people: today it is the State in the guise of 'community development', aka work for the dole.
MK rang me after the 4 Corners program on the treatment of children at Don Dale. In western lingo we talk about a 'duty of care', but for my friend MK and the Arrernte people it is more fundamental than that. They talk abou arntanrte-aremele, which means looking after, holding, nurturing or caring for. Altyerre teaches that we must care for everybody, even the people who do wrong. And 'looking after' the children is the primary role of life. This is not about western, whitefella law, it just how it is.
The violence at the pastoral frontier of the British colonies here in Australia was all pervasive. 228 years after it commenced, we are still experiencing the after-effects. When I started advocating Aboriginal rights here in Australia almost 40 years ago, the prevailing wisdom was that the missions and missionaries were all bad news. It will come as no surprise that I have always doubted that Aborigines were well rid of religion and the missionaries in all circumstances.
Next year marks the 50th anniversary of the amendment to the Constitution which took out the adverse references to Aborigines. Following our recent election, we are assured at least six, and possibly seven, members of our national parliament who proudly claim an Aboriginal or Torres Strait Islander heritage. They are represented in all parties and none. How good it would be if our elected Aboriginal politicians could come together across party lines and propose an amendment to the Constitution which recognises them.
For the first time ever, I got the sense that political views on the importance of Indigenous issues had shifted. It was not due to an increase in Indigenous voices in the political discussions nor was it because either of the major parties announced a policy which I found remotely inspiring. Rather it was because, under the glare of the camera, the leaders of the two major parties both attempted to show a greater understanding of the Indigenous political agenda than they have before.
Until the 1940s, bodies of deceased Aboriginal and Torres Strait Islander people were sent to museum, scientific, and private collections around the world. The remains of more than 1000 Aboriginal and Torres Strait Islander Australians continue to be held overseas in collections. Indigenous Australians have worked tirelessly towards repatriation, and there has been some success in recent decades. Unfortunately, the remains tend to fall into a grey area of Australian law.
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