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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.
'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.
'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.
Dowling, who was a victim of clerical abuse, offers a program of reflections that bring together scriptural themes and the effects of sexual abuse. Most striking is the extraordinary labour required to purify the language of a tradition that has become polluted. This is vital not simply as a therapeutic exercise but as a condition for renewal and reconciliation. It may also be pertinent to wider society, where Brexit and the Trump phenomenon have been characterised by a coarsening of public language.
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.
Wednesday night's ABC 7.30 program carried allegations against Cardinal George Pell which, if true, are devastating: life ruining for victims like Damian Dignan and Lyndon Monument; confronting for all citizens committed to the wellbeing of children; and earth shattering for Catholics who still have faith in their church. The report is also troubling for those of us concerned about due process and the rule of law - not as academic notions for lawyers but as the secure bulwarks of a society in which everyone's rights and interests are protected.
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.
Having worked in closed organisational systems like Victoria Police and various government departments, I have often reflected on how and at what point organisations and their employees become comfortable with the belief that their ideas and attitudes are better informed than those of the general populous - and that their survival is more important. A very stark example of this are the recent court decisions relating to the Hillsborough Stadium disaster in 1989, where 96 people were killed.
The Royal Commission into Institutional Responses to Child Sexual Abuse has now published its Case Study 26 on the Neerkol Orphanage in Rockhampton. It finds that the response by the bishop and by the Sisters of Mercy to victims making complaints prior to 1996 was often inadequate and lacking in compassion. The word 'compassion' or 'compassionate' appears 21 times in the report. I have no problem with church people or other individuals adversely judging church leaders for a lack of compassion. There may even be a case for politicians doing it. But I don't think it's the job of a royal commission.
For victims and survivors, the royal commission report into family violence comes as catharsis. For activists and advocates, it is vindication. Perpetrators thrive on impunity. Impunity is built on uncertainty of punishment, cultures of silence, victim-blaming and perceived collusion with figures of authority. Dismantling this is central to violence prevention and ensuring the safety of women and children in the home. The royal commission addresses this goal across 227 recommendations.
I offer no public judgment of Pell, and unlike many other commentators I'll await the findings of the royal commission. I have however been outspoken about his right to a fair hearing and natural justice, not because I am a priest but because I am a human rights lawyer who cares about the universal application of the rule of law. It is when a representative of institutional religion like Pell taps into the generic religious sensibility or moral consciousness that the real work of Australian religious thought is done.
If we are to make institutions safe for children, we need not only hold to account people who have presided over unsafe places, but also to address a culture that protects silence at each level of organisations, preventing complaints being made and being reported. Clergy and celebrities must not be treated as different from others, entitled to have their bad behaviour ignored. They must be held accountable to the officers and regulations of the organisation in which they work.
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