Aboriginal People and the Legal system

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nIntroduction

nThe Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was a commission of inquiry that was formed in 1987 in Australia. The main aim of the Royal Commission was to probe death of Aboriginal people in custody. The commission succeeded in developing more than 330 recommendations on how to reduce the rate of deaths related to aboriginals. Although the authorities did not implement most of the endorsements, they are still usable (Weatherburn, 2015, p.33). Nonetheless, the Royal Commission did not achieve much because the numbers of Aboriginal who die in police custody have increased.

nAboriginal Deaths in Custody

nThe Australian authorities under the leadership of Prime Minister Bob Hawke made a decision to set up The Royal Commission in 1987 due to the high cases of death in police cells. The Australian people were agitated against discrimination in legal system in the country especially towards Aboriginal persons. Reports indicated that Aboriginal people suffered from decades of oppressions leading to economic and social misery (Pulitano, 2012, p.241). The judicial system at the time was oppressing them through laws that had negative effects on their socio-economic status. The public complained that the deaths were too common but the government was giving limited information regarding the causes of deaths.

nThe inquiry of the commission started in 1988. It heard 99 different cases across the country. All the states such as Victoria, South Australia, Queensland, and Western Australia had recorded many cases of aboriginal deaths in police cells. Finally, its report was submitted in 1991. The findings of the royal commission indicated that more aboriginal were losing their lives in police cells as compared to other people (Macinnis, 2015, p.151). For instance from 1980 to 1989, more than 99 aboriginals had lost their lives in police custody. In addition, the report suggested that aboriginals experienced the highest rate of arrests relative to other people in the country. In terms of causes of these deaths, the commission suggested that the main concerns were uncaring living environment, poor adherence of right procedures and neglect of judicial system staff when handling inmates. More significantly, the study argued that in Tasmania, and Victoria out of 18 aboriginals, 13 died in custody due to these factors. In this regard, the government was advised to stop arresting and detaining Aboriginal persons because of minor violations of law such as public drinking (Pulitano, 2012, p.61).

nRCIADIC Recommendations

nThe Royal Commission came up with recommendations, which were aimed at reducing death of Aboriginals in the legal system. For instance, they suggested that police should not arrest Aboriginals unless there is no alternative of solving the problem. Additionally, the commission recommended that imprisonment should only be used when other methods fail in dealing with the inmates (Hunt & Chalmers, 2012, p.201). The law enforcement officers were advised to notify a medical practitioner in case of health condition of a detainee worsens. The government was also asked to initiate reconciliation process between the general community and the Aboriginal.

nHowever, despite the recommendations, the rate of imprisonment of the Aboriginal people continued to increase. A study by Macinnis, (2015) noted that in 1991, the rate of imprisonment increased by eight times as compared to non-Aboriginal. By year 2000, the rate of imprisonment of these people had risen by ten times. Reports that are more recent pointed that the aboriginal people were fifteen times at risk of imprisonment than other groups of people in 2010 (Macinnis, 2015, p.271). For instance, research findings have revealed that certain states in Western Australia had the biggest rate of imprisonment across the nation. In this case, the aboriginal people were twenty times more likely to be imprisoned relative to other Australians. The detention rate of these people for a decade to 2013 had increased by eleven times quicker as compared to the rate in other Australians. Furthermore, for a period of 5 years since 2002 to 2007, the rate of incarceration of Aboriginal women had soared by 33 per cent, while that of their men counterparts had raised by 20 per cent (Maddison, 2016, p.449). Similarly, the rate of police detention of these people continued to be high.

nMore significantly, since the delivery of the Royal Commission recommendation, the number of prisoners of Aboriginal origin had increased by 200 per cent in a period of two decades. According to a report by the Australian Institute of Criminology in 2013, the number of deaths in prison especially for Aboriginals had increased (Anthony, 2013, p.51). Notably, the number of deaths from non-Aboriginal had not increased in the same prisons. Moreover, the study findings pointed out that the cause of death were due to high rate of self-harm and heart diseases among the Aboriginal prisoners. A survey conducted by Weatherburn, (2015) in 2014 indicated that more than 300 Aboriginal people have died in police cells and prison since year 2000. It also suggests that these deaths could be lower if the government fully implemented the recommendations of the commission (Weatherburn, 2015, p.171).

nIn 2014, other authorities in Australia have violated the recommendation of the Royal Commission into Aboriginal Death in Custody. In this respect, it has introduced laws that increase arrest and imprisonment of Aboriginals. For instance, the Northern Territory initiate rules that encouraged paper-less arrest. According to the designers of these laws, they were aimed at reducing the paperwork of the local police officers (Pulitano, 2012, p.191). Nevertheless, the rules have encouraged much arrest due to minor crimes such as unclean front lawn, noisy environment, drinking of alcohol in public places and swearing. Prior to introduction of these laws, offenders were required to pay lower amounts of fines on the spot. However, after arrest laws were initiated more than 2 000 offenders have been detained. Aboriginal people account for the highest number of detainees at 80 per cent. Unfortunately, after appeal, the Australian High Court in 2015 confirmed that paperless arrest rules were legal (Maddison, 2016, p.49).

nWhen a member of the family is imprisoned and loses, his/her life, it affects the wellbeing of the entire family. Moreover, death of a family member affects the community because it reduces the income of the family (Hinton, 2012). Losses of childcare, role models and parents also occur. Various organizations such as the Indigenous Social Justice Association agitate for family members rights who have been affected by death of a person in a police cell (Hunt & Chalmers, 2012). Most people suffer from trauma and psychological torture when their family member dies in custody.

nFailure to adhere to recommendations

nAfter the Royal Commission into Aboriginal Death into Custody presented the report to the government, little has been done in terms of implementation of the recommendations. For instance, a survey conducted five years after completion of the inquiry noted that all territories and states showed that they had implemented the suggestions in the report that encouraged prison and police officers to shiftily request for medical services in case of any health condition of the detainee (Maddison, 2016, p.61). However, the number of deaths of Aboriginal people across the country was increasing every year. In this case, the authorities had not implemented this recommendation.

nSimilarly, the government failed to execute a recommendation that allowed imprisonment of Aboriginal people only if no alternatives could be applied. In 2009, the Australian Indigenous Law Review conducted a research on the extent of execution of RCIADC recommendation across the state governments (Craven, 2011, p.75). The results of this survey noted that states authorities had implemented only a small percentage of the recommendations.

nIn particular, Western Australia had implemented only 50 per cent, while South Australia had executed 52 per cent of all the recommendations. Additionally, 41 per cent of the RCIADIC recommendations had been implemented in Tasmania, and 48 per cent in NSW. Victoria had the least level of implementation of laws because only 27 per cent of recommendations have been acted on (Anthony, 2013, p.129). A similar research was also conducted in 2015, which noted that there was little improvement in terms of judicial system reforms on Aboriginal people death in custody (Maddison, 2016, p.59). The conditions have worsened because laws on paperless arrest empower police officers to detail an offender without warrant. Unfortunately, under these laws an offender can be jailed after four hours of arrest without being charged on a court of law (Craven, 2011, p.182). The laws are normally applied in Northern Territory.

nThe deaths of aboriginal people have therefore increased in prison, custodial transport and in police custody since the RCIADIC report in 1991. Since the number of Aboriginal in all level of justice system in Australia is high, the problem seems not to end soon. In this regard, the government should execute reforms in criminal justice system aiming to reduce over-representation of these people (Carlton & Segrave, 2013, p.37). Prisoners of Aboriginal origins have the lowest life expectancy because they losses their lives at a tend age especially due to natural factors. Therefore, they suffer from weak health conditions.

nInitiative aiming to address RCIADIC recommendations

nAlthough the Australian government and other states authorities have failed to execute reforms based on RCIADIC recommendations, on judicial system, Reconciliation initiative was established. The initiative has positive impacts on Aboriginal and Torres Strait Islander peoples interaction because it promotes reconciliation between the Australian communities (Carlton & Segrave, 2013, p.107). The reconciliation initiative in the country aims to bring all Australian people together. Moreover, reconciliation is characterized by factors such as love, healing, forgiveness, justice and truth. More importantly, it aims to reinforce good working relationships in order to overcome inequalities that exist between Australian communities (Bretherton & Balvin, 2012, p.231). For instance, reconciliation helps to the gaps that exist in the society due to racism, prejudice, life expectancy, living standards, income levels and health condition between Torres Strait Islanders, Aboriginals and other communities.

nThe reconciliation initiative started after Royal Commission into Aboriginal Death in Custody recommended its formulation. Consequently, the Australian authorities formulated the Council for Aboriginal Reconciliation intending to stimulate reconciliation process across the country (Craven, 2011, p.59). The main responsibilities of the council were to initiate measures that would solve challenges faced by marginalized communities such as Torres Strait Islanders and Aboriginal people. Moreover, the role of the council was to highlight cases in previous governments that failure to pay close attention of economic, social and cultural needs of marginalized communities including Aboriginals (Carlton & Segrave, 2013, p.112). Most importantly was to reduce case of deaths in custody, enhance cultural and history sharing, enhancing relations and focusing on issues that disadvantages the communities.

nReconciliation initiative has played a critical role in integrations of millions of Australian communities. For instance, it motivates disadvantaged communities such as Aboriginals to express their issues aiming to reduce social-economic challenges (Bretherton & Balvin, 2012, p.161). However, full achievements have not been realized because of political issues, legislation and some court rulings.

nReconciliation features both practical and symbolic factors. It is also founded on the principles of recognition, mutual respect and goodwill of all Australian people aiming to achieve symbolic element of the efforts of reconciliation (Bretherton & Balvin, 2012, p.201). Addition, in terms of practical factors, reconciliation initiative helps to enhance the quality of lives especially for Torres Strait Islanders and Aboriginal people in critical areas of employment, education and health (Craven, 2011, p.291). These factors play a crucial role in promoting equity among all communities in Australia.

nIn the process of reconciliation, the council concede that Torres Strait Islanders and Aboriginal people are the indigenous people in the country. In addition, the cultural beliefs of Aboriginal people put more emphasize and association to waterways, sea and land (Carlton & Segrave, 2013, p.101). Moreover, certain policies in the Australia government discriminate these communities leading to current challenges in terms of social and economic issues. Therefore, for the nation to move forward as one people, all communities should understand their history with regard to injustices, which will help to develop a brighter future (Craven, 2011, p.209). Reconciliation should provide an opportunity for the country to reduce cases of discrimination and racism against Aboriginal people and Torres Strait Islanders.

nSuccess of reconciliation initiatives

nEfforts towards reconciliation in the country have produced a wide range of benefits especially towards Torres Strait Islanders and Aboriginal people. For instance, in 1999, the government through the Council of Aboriginal Community offered a formal apology to the Aboriginal people for historical injustices in the past regimes (Bretherton & Balvin, 2012, p.75). Since 1998, the authorities have established and executed Planning Committee for NAIDOC, which is held on weekly basis. The reconciliation initiative has also led to employment of an Aboriginal Liaison officer for the first time in history. Furthermore, most of the government agencies and private firms have initiated Reconciliation Action Plans (RAPs) (Easteal, 2013, p.171). In year 2000, Morris William, an Aboriginal Boxer and Elder were selected to convey of the Olympic Torch. Drivers of Aboriginal have been provided with Learner Program especially through the Traffic and Roads authority (Anthony, 2013). Similarly, the Australian government has introduced the Deadly Awards and celebrations for NAIDOC.

nNational Reconciliation Action Plan

nThe program of Reconciliation Action Plan was introduced in 2006. The purpose of RAP was to enable various companies in Australia to reduce the gap on life expectancy between non-Aboriginals and Aboriginal people via accountable and measurable activities (Carlton & Segrave, 2013, p.69). RAP offers a structure to directly strength the respect and association between Torres Strait Islanders and Aboriginal people as well other communities in Australia. RAPs should be established after consulting stakeholders of Aboriginal people (Maddison, 2011, p.97). It then develops actions that are accountable, realistic, specific and measureable. They may involve minor preliminary decisions and steps for main modifications. The best RAPs are initiated by organizations who initiate an important action that can promote lasting reconciliation in the country.

nThrough RAP, unique programs such as training on cultural awareness have been implemented. In this case, the company motivates its employees to understand and celebrate unique cultural values and traditions of the Aboriginal (Bretherton & Balvin, 2012, p.71). In some instance, an elder from Aboriginal people is invited to talk and present positive values about the community because most issues are covered negatively on the mainstream media (Behrendt, Cunneen, and Libesman, (eds.) 2009, p. 59). RAPs also encourage creation of employment opportunities for these communities. Since there is low representation in all arms of government, businesses, and Australian corporate, Torres Strait Islanders are provided with jobs in order to close this gap. Furthermore, persons from these communities are encouraged to take executive and management offices. Others are required to conduct project management of different projects across the country (Maddison, 2011, p.110). The initiative also enhances Aboriginal trainings and recruitment as staff.

nIt is also the mandate of RAPs to establish partnerships. Establishing productive and positive working relationships between organizations and Aboriginal people play a role in enhancing equality. Robust partnership provides diverse perspectives and skills to stakeholders and inspires excellence, success and innovation. Most importantly, RAPs help Australians to respect the traditional ownership of lands in the country (Easteal, 2013, p.42). In main events and meetings, people must acknowledge that the Torres Strait Islanders and Aboriginal people are the land custodians. Therefore, they must be allowed to hoist their flags in these events.

nConclusion

nIn Australia, Aboriginal people experience large numbers of deaths in police cells. The Royal Commission into Aboriginal Death in Custody presents various recommendations on how to reduce these cases in legal system. The recommendations were intended to introduce suitable reforms in the Australian criminal justice system. However, the government has failed to implement the recommendations. Some states such as Victoria have only implemented 27 per cent of all recommendations (Maddison, 2011, p.57). However, reconciliation efforts have been introduced in order to help Torres Strait Islanders and Aboriginal people in national integration.

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nReferences

nAnthony, T. (2013). Indigenous people, crime and punishment. London: Routledge.

nBehrendt, L., Cunneen, C., and Libesman, T. (eds.) 2009. Indigenous Legal Relations in Australia. Melbourne, Victoria: Oxford University Press.

nBretherton, D. & Balvin, N. (2012). Peace psychology in Australia. New York: Springer.

nCarlton, B. & Segrave, M. (2013). Women exiting prison. Sydney: Routledge.

nCraven, R. (2011). Teaching Aboriginal Studies. Sydney: Allen & Unwin.

nEasteal, P. (2013). Justice Connections. Newcastle upon Tyne: Cambridge Scholars Publishing.

nHinton, M. (2012). Indigeneous Australians & The Law (2nd ed.). London: Routledge Cavendish Australia.

nHunt, L. & Chalmers, D. (2012). University Teaching in Focus. Hoboken: Taylor and Francis.

nMacinnis, P. (2015). The big book of Australian history. National Library Australia Bookshop.

nMaddison, S. (2011). Beyond white guilt. [Sydney, N.S.W.]: Read How You Want.

nMaddison, S. (2016). Conflict transformation and reconciliation. Routledge.

nPulitano, E. (2012). Indigenous rights in the age of the UN declaration. Cambridge: Cambridge University Press.

nWeatherburn, D. (2015). Arresting incarceration. Sydney: Aboriginal Studies Press.