Australian Indigenous Law Reporter
|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Australian Indigenous Law Reporter |
|
July, 1997
The Kowanyama Workshop represents an important step in the developments traced by Dr Paul Chantrill in "Community Justice in Indigenous Communities in Queensland: Prospects for Keeping Young People Out of Detention" (1998) 3(2) AILR 163. Those developments have involved pilot programmes at Kowanyama and Palm Island, and programmes in other Aboriginal communities in Queensland under the Local Justice Initiatives Programme: see (1996) 1(4) AILR 685.
The compilers of the report on the recent Workshop, Daisy Caltabiano and Victor Jose, say that it "focussed on the implementation of customary law practices and the development of a much improved interaction with and respect for a justice system that respects and recognises Indigenous people's customary law." The Executive Summary follows.
The Royal Commission of Inquiry into Aboriginal Deaths in Custody (RCIADIC) highlighted the need to examine and address the underlying social, cultural and economic issues which are inherent in the problems associated with the significantly high rates of Aboriginal & Torres Strait Islanders who come into contact with the criminal justice system.
The RCIADIC report also noted the Australian Law Reform Commission's report and recommendations on the recognition of customary law. The RCIADIC recommended that governments progress this issue and attempts be made to recognise Indigenous customary law within a legislative base.
Aboriginal Justice Advisory Committee (AJAC) and the Deaths In Custody Overview Committee believed that the recognition of customary law needed to be undertaken on a number of levels. Firstly, that there should be a legislative basis which more directly deals with the relationship of the Aboriginal community and that of the powers of courts, police and the correctional institutions. The second was that Aboriginal and Torres Strait Islanders needed to have a much greater role in law and order issues at the community level. The third was that governments needed to undertake to develop programs that supported Aboriginal and Torres Strait Islander community justice initiatives.
The Aboriginal Co-ordinating Council (ACC) has for some time been concerned with the alarmingly high rates of law and order problems on the Deed of Grant In Trust (DOGIT) communities they represent. Equally they have been concerned with the manner in which these problems are addressed within the criminal justice system. It is the belief of the ACC that many of the law and order problems can be dealt with at the community level through the utilisation of a customary law approach. This would involve the community, mostly through the collaboration of traditional elders, the police, and the courts systems representatives. But more importantly it is believed that the intervention of the community through its elders and the adoption of a customary law approach would not only enable the justice system to deal more appropriately with law and order but to provide options for preventing any contact at all with the system.
The ACC believes that the law and order problems are as much about the lack of respect of the justice system and its laws. The ACC believe that the involvement by Aboriginal and Torres Strait Islander elders and the recognition of a customary law approach will bring about a greater respect for the law and the justice system.
1. The use of s. 18 of the Juvenile Justice Act which makes allowances for Respected Persons Cautioning should be utilised in the first instance. This section allows for cautioning by a respected person and in the case of Aboriginal or Torres Strait Islander youths it is appropriate to contact an elder of the community. This action would allow the matter to be dealt with immediately. Section 18 should be the first order of priority and community conferencing should be secondary.
2. Community Justice Groups must be recognised as an authority and protective legislation should be in place to allow the Elders to freely address local issues in the appropriate customary law manner.
3. That the DFY&CC provide funding through the Aboriginal Co-ordinating Council, for a Youth Development Officer in each community.
4. That the DFY&CC should fund the Aboriginal Co-ordinating Council to continue co-ordinating community justice group workshops.
5. That the ACC organise another customary law workshop so that communities can meet with government agencies to discuss the interface and protocols between communities and government, in relation to the practical application of customary law.
6. That the ACC organise a workshop for community justice groups to further develop models of operating in an effecting way on communities.
7. That the Department of Families, Youth and Community Care continue to fund the Community Development Officer position in each community.
8. That the Department of Families, Youth and Community Care should provide operational funding for Community Justice groups to apply for funding each year.
9. That the capital and recurrent funding allocated for the proposed secure custody or remand prison for Cape York Peninsula, be re-allocated to Community Corrections (QCSC), local justice programs and to the Elders Justice Network, specifically to support the development of the following:
10. That funding support programs which recognise the service provided by the local community justice groups and justice workers:
11. That funding should be the joint responsibility of both Federal and State government departments eg ATSIC, DFY & CC, QCSC, Police Service and JAG and a more co-ordinated approach be undertaken by these departments in greater consultation with Aboriginal and Torres Strait Islander communities.
12. That recognition be given to the financial savings made by successful justice groups through effective community justice, law and order programs, which have benefited government.
The development of "performance contracts" for local community justice groups should be established. These "performance contracts" should provide the basis for recurrent funding for the local justice groups and the Elders Justice Network. The argument for the establishment of "performance contracts" is based on the fact that this will diminish the need for State Police, QCSC, courts and Juvenile Justice service.
13. That ATSIC and Councils give full support to community justice groups.
14. That Community councils give full support to community justice groups in their communities.
15. That the ACC be funded to organise a special training workshop for community justice group workers.
16. That ACC develop a Customary Law and Offender Welfare Policy and Procedures protocol, in consultation with police, courts and Corrective Services, which will allow time for justice groups to deal with community welfare business in a customary way, prior to Judicial System action.
17. That Queensland Police receive training in Aboriginal and Torres Strait Islander culture and be required to have a knowledge and understanding of it.
18. That community justice group members interview, and make recommendations prior to the appointment of police to Aboriginal or Torres Strait Islander DOGIT communities.
19. That community elders be recognised and empowered to sit with magistrates on magistrate court matters. That punishment be dealt with after consultation and with agreement of community elders.
20. That magistrates be given training to recognise and understand Aboriginal and Torres Strait Islander customary law.
21. That the Department of Families, Youth and Community Care support and fund the operation of a community based Elders Justice Network.
22. That funding be given to local justice groups to support district networking.
23. That the State Government ensure appropriate training, award conditions and career structure for Community Police. Regular in-service training is also necessary.
AustLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/1998/30.html