Behrendt, Jason; Libesman, Terry --- "Editorial: Special Women's Issue" [1990] AboriginalLawB 38; (1990) 1(46) Aboriginal Law Bulletin 3

• Editorial: Special Women’s Issue

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Editorial:

Special Women’s Issue

by Jason Behrendt and Terry Libesman

The impact of colonialism on Aboriginal Australia is reflected in the high level of inter-personal violence in Aboriginal communities. It is estimated that in some communities 90% of families are effected by domestic violence.[1] Such communities demonstrate the trauma suffered from a loss of culture and traditional methods of social control, together with a marginalisation from mainstream culture and a lack of authority or resources to develop new opportunities, standards of social control and laws. Aboriginal women and children face the brunt of inter-personal violence, usually with little or no institutional support.

The relative powerlessness of colonial women has as Joselynne Scutt outlines been transposed onto Aboriginal culture and this imposition has been entrenched through legislative and judicial institutions. As discussed by Sharon Payne a disregard for important roles played by Aboriginal women has effected the equilibrium in gender relations within Aboriginal communities, further undermining women's power and hence exacerbating incidents of domestic violence. Aboriginal women whilst making up a disproportionately large proportion of the prison population are denied the `protection' of the law.

Aboriginal women attempting to obtain protection or some sort of redress for violence against them are confronted by the dual barriers of racism and sexism. Whilst all women face the trivialising of assault in the domestic environment, Aboriginal women are confronted with the additional burden of a historically racist and hostile police force. Within the context of over policing of minor public order offences and police unwillingness to intervene in instances of serious assault, Aboriginal women as Judy Atkinson's article indicates may feel some reticence when enlisting the help of unsympathetic and at times actively contemptuous police officers against one of their own people. Such feelings can only be exacerbated by the attitude of some Aboriginal and non-Aboriginal people who taboo the naming of the problem of violence perpetrated by men against women and children within Aboriginal communities. As Ernest Hunter notes in his article `to observe is to be involved', but silence is a denial of the right of Aboriginal women and children to be heard.

Whilst domestic violence has become the `norm' in some communities it is a problem which has received little public attention. Much domestic violence is associated with alcohol abuse. As Hunter and other authors point out, the substance is not the cause of the abuse although it often precipitates violent behaviour and is used as an excuse for such behaviour. The alcohol abuse and violence stem from loss of social, religious and economic power. As Judy Atkinson states such problems will not be addressed with further external interventions, what is required is an authoritative reconstitution of law from within communities.

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[1] Queensland Domestic Violence Taskforce (1988) Beyond These Walls, report to the Minister for Family Services and Welfare Housing, p256, Brisbane.