6th June 2014 Issue 12, Vol.

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THE CATHOLIC
LEADER
Justice, Crime and Indigenous Australians

Joe Dwyer, 2014

A Poor State of Affairs: Australia & Indigenous Justice

There are twelve times as many Indigenous Australians in prison as there are non-Indigenous. Over-
representation is even greater in juvenile detention facilities (for ages 10-17), as there are twenty-four times
as many Indigenous Australians as there are non-Indigenous. The roots of these problems lie with the guilty
ones: us. The non-Indigenous people that make decisions regarding the Indigenous.
In South Africa in 1993, just before the collapse of apartheid, the rate of incarceration for black men was 851
per 100,000 (or one in 118). In Australia today, the imprisonment rate for indigenous men is five times as
high, at 4228 per 100,000 (one in 24).
Why are prison rates so high and unjust for Indigenous Australians? A key contributor to this disgusting state
of Australian society is the disconnection from land, as the result of the Stolen Generations, harmful
government policies, and even 2007s Intervention Policy. For the native owners of this land, their culture
and life is based upon their land. When they are disconnected from their land, they are significantly more
likely to get into conflict with Australian law. Member of Aboriginal Tent Embassy and Aboriginal Elder,
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Wadjularbinna Nullyarimma, sums this ideal up in a quote that resonates with those dedicated to social
justice in Australia. He says, We cannot flee persecution to another country because we are spiritually
connected to our own ancestral lands. So jails and mental institutions are full of our people.
A significant reason for the lack of justice for Indigenous Australians is because of the relative indifference
of the non-Indigenous Australians. Evidence has proved time and time again that the Australian Government
rely blindly on their departments to provide a solution. They will seek the advice of Aboriginal elders, but
this is rarely followed. Thus programs and decisions are made that strongly affect the Aboriginals, resulting
in issues that result in crime. This essentially means that a significant amount of the crime in Aboriginal
communities is caused by the Governments programs themselves.
There are also reports amongst Aboriginal communities that the Indigenous are treated differently for trivial
offences. A specific example is many Aboriginal youth going to prison for driving without a license. In
modern society, the ability to drive is crucial, and this transportation can open up many opportunities for
Aboriginal youth.
However, many remote communities lack trainers and facillties, and the Anglo-centric language used for the
written tests are inappropriate. This means when Indigenous are caught driving unlicensed, unregistered, and
uninsured, as the case often is, they have the metaphorical book thrown at them. The fact that a twisted
system like this can exist in 21
st
Century Australia is sickening.

A Brighter Future: Catholic Social Justice Teachings on Crime, Justice & Imprisonment

In 1999, the Australian Catholic Social Justices Council published a report, entitled Prisons: The Last Resort
- A Christian Response to Australian Prisons. It features key quotes and teachings on Australian Justice,
with a special emphasis on justice for Aboriginal Australians. It rails against the current system of prolonged
imprisonment for Aboriginal Australians for minor offences, and the general Australian attitude, which
promotes jail time. One quote is particularly relevant in addressing the attitude towards Indigenous
Australians in jail. It says, Our community frequently makes scapegoats of those in jail, placing the guilt of
society on them rather than confronting the fact that we are all caught up in the predicament of society. This
is especially relevant in the context of Indigenous justice and crime. The social justice teachings tell us that
prisons are not Christs way. To isolate a member of society from human relationships is against the
teachings of Catholicism. The social justice teachings on Indigenous Australians are summed up effectively
in the statement: The Aboriginals should not be treated in the same way as non-Aboriginals under the eye of
our justice system. They have a different culture, and this needs to be respected. Systems like the Murri
Court need to be significantly more prominent, so all Australians can have a brighter future, under the
understanding of Catholic teachings.

A Bold Solution: Solving The Problem
There are several ways to solve the key questions, and thus the key problems facing Indigenous Australians
in regards to crime and justice. How can we reduce Aboriginal rates of incarceration? How can we increase
justice for the Indigenous population of Australia? Recreational Programs for the Indigenous youth. Often
boredom can lead to a random act of crime, which can then lead to a life of crime. Putting money into sport
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or music programs would be enormously beneficial, meaning the Aboriginal youth would avoid negative
interactions with the law, and thus have a more positive future.The reinstitution of the Murri Court and other
similar programs. These would deal with only Indigenous criminal issues, and thus have a positive and
intense focus. A fresh, promising approach to reducing reoffending rates is a method known as circle
sentencing, where Aboriginal people, along with jurisdictional officials and experts, judge their peers. This
method has shown remarkable success amongst Canadas Indigenous population, which have many of the
similar problems that face Australian Aboriginals. Current high rates of reoffending prove that punitive
measures simply are not working for Indigenous. Another, very important and effective way of reducing
crime and justice issues, is a method known as Justice reinvestment, wherein money that would be spent on
sending the Indigenous Australians to jail, is in fact spent on programs that aim to target the cause of crime.
Through this umbrella method, programs like circle sentencing, recreational programs, and the Murri Court
can have the money to function properly, and provide justice to those in Aboriginal communities.