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Many of the kids in the juvenile justice system have been abused, come from dysfunctional families or state care, or have untreated behavioural or mental health problems. Warehousing them in punishing idleness and expecting passive compliance, let alone any recovery, is fanciful. I have begun to think about how we could respond to these kids in a holistic way, with a strong emphasis on prevention and diversion. These proposals relate to current the system in Victoria, but generalise easily.
At present the tornado that has raged in youth justice has abated. Disturbing images from Don Dale led to a royal commission in the Northern Territory. In Melbourne, public fears about gang violence, carjackings, robberies and youth detention centre riots were followed by the placing of many young people in an adult facility and a pledge to build a new prison for young offenders. This pause offers time for reflection on the human reality and needs of children who are involved in the justice system.
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.
The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.
This year International Migrants Day has called for children to be released from detention. It is appropriate that an event held in the shadow of Christmas should advocate for children. For they lie at the heart of Christmas. The insistence in the Gospel stories on the obligation to respect and nurture children is not exclusive to Christians. It is echoed in the attention to children and concern for their growth into responsible adults shared by other religions and cultures.
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.
Is Francis' style of political engagement effective? It has certainly gained him a favourable hearing within church and society. His message and his personality suit the times. Whether it will be lastingly effective will depend on whether he changes attitudes, particularly those of people who will be responsible for governance in church and state. But at the very least he has stressed the ethical and religious urgency of treating refugees, the environment, and the economy with respect.
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.
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.
Sobs rack his body. Under the Fast Track Assessment process being used to clear the backlog of protection claims, the nondescript official sitting opposite him, or one of his colleagues, will most likely be the one to decide his fate. 'Should you be found not to engage Australia's protection obligations, the government may share your biographical details with the authorities of your country of origin,' the official intones. 'If you give them information about me I will be killed,' comes the chilling reply.
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.
Inspired by the person Ignatius, inspired by the person Jesus, we are motivated to make a difference; we are passionate to seek justice for all, especially the poor and the marginalised; we are convinced that we can find God in all things, even in the Don Dale Detention Centre; we know that all persons are called to a deep interior freedom, even those prison guards with hardened hearts; we are convinced that the law of the Lord teaches us right from wrong and that the ways of the Lord inspire us to do and proclaim what is right and to denounce what is wrong, especially when the wrong is done by the powerful upon the powerless.
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