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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.
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.
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.
'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.
In the early hours of Wednesday morning, 21 September 2016, a young asylum seeker was forcibly removed from the Maribyrnong Immigration Detention Centre. With barely time to scramble his possessions together, he was taken away, placed on a plane and, along with four others, transferred to the high security detention facility on Christmas Island. Why? Because he's done something wrong? Because he's a criminal? No. Just because that's the way we now do things here.
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.
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.
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