Mansell, Michael --- "Letter to the Editor from Michael Mansell, Tasmanian Aboriginal Centre" [1987] AboriginalLawB 12; (1987) 1(25) Aboriginal Law Bulletin 4

• Letter To The Editor From Michael Mansell, Tasmanian Aboriginal Centre

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Letter to the Editor from Michael Mansell, Tasmanian Aboriginal Centre

by Michael Mansell

Tasmanian Aboriginal Centre

Speculation about the gloomy future of Aboriginal Legal Services under the current Hawke Government have recently been fueled by the Harkins blue print for a fairly quick phasing out of Aboriginal Legal Services.

Despite a rather over-optimistic and glossy analysis of Harkins' attempt by Pam Ditton in the August 1986 edition of the Aboriginal Law Bulletin, the subsequent but not unexpected failure by the Federal Government to act with integrity and purpose in extracting the positive features of Harkins' report prove beyond doubt the government's intentions with respect to Aboriginal Legal Services.

Public impatience grows at the failure of 'those responsible' to rid the conscience of Australians of the harsh reminder of unjustifiable treatment of Aboriginal people under a legal system which can testify to indigenous people dying in custody in droves and suffering the highest imprisonment rate in the world. Public apathy to long term problems has been relied upon by Prime Minister Hawke to abandon national land rights but cannot, surely, be a basis for allowing such an appalling indictment on Australia's legal system to continue.

Aboriginal Legal Services have, no doubt, reduced Aboriginal imprisonment rate from the 'unbelievable' to the current believable but unacceptable. In conjunction with reform of criminal law procedures, a new direction on gaoling of Aboriginal people and stricter controls over police maltreatment of Aboriginal people, an increase in resources available to Aboriginal Legal Services would inevitably further reduce the disproportionate and discriminatory Aboriginal imprisonment rates. Not that much money would be involved. However, a genuine commitment of government should be imperative.

Instead it seems, Aboriginal Legal Services are to be gradually got rid of. Firstly, budgets for outside solicitors will go from those services which have not already lost them. Then in-house aid to areas other than criminal law will be slashed. Stage three is, of course, abolition.

Although personal criticism of Clyde Holding's handling of Aboriginal Affairs has largely been justified it should be said, in fairness to him, that he deep down is committed to the cause of Aboriginal people. Now is the time for the Minister to show that commitment by refusing to allow the disintegration of Aboriginal Legal Services and the consequent increases in numbers of Aboriginal people incarcerated in white gaols.

There is little doubt that a government of a different colour will be setting priorities after the next Federal election. Clyde Holding must not be vindictive and small minded by taking the Aboriginal Legal Services with his government without good cause. His actions now may help to consolidate the Aboriginal Legal Services in the expected attacks by a proudly-conservative new government hell bent to do the same things the current Hawke government have desired but hopefully will never achieve. Clyde Holding represents the key to the future of Aboriginal Legal Services which may only be secured by a principled and courageous stand.

Michael Mansell, Tasmanian Aboriginal Centre.