Behrendt, Jason; Libesman, Terry --- "Editorial: AboriginalLB Special Issue on Policing" [1991] AboriginalLawB 10; (1991) 1(49) Aboriginal Law Bulletin 3

• Editorial: Alb Special Issue On Policing

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Editorial: AboriginalLB Special Issue on Policing

by Jason Behrendt and Terry Libesman

The gross over-representation of Aborigines in the criminal justice system is reflective of two serious and interrelated problems. Firstly, systemic problems including racism, corruption and a lack of accountability within Australian police forces impact disproportionately on Aboriginal communities. Secondly, critical social and economic problems in many Aboriginal communities create conditions conducive to law and order problems.

The volatile combination of Aboriginal communities in crisis and police services in crisis exacerbates the problem identified and written about by numerous commentators of over-policed and under-serviced Aboriginal communities. Clearly the conventional `professional' centralised system of policing has failed Aboriginal communities. Chris Cunneen's research evidences the institutional problem of violent policing practices used against Aboriginal juveniles. The extent and nature of alleged violence by police against juveniles is indicative of a crisis of police accountability at a political, judicial and internal police command structure level (see article this issue, [1991] AboriginalLB 17; 2(49) pg6).

Both the Fitzgerald Report in Queensland and, more recently, the HREOC National Inquiry into Racist Violence have highlighted that police have been largely unaccountable for their actions. Ian Robinson outlines the significant restructuring of complaints mechanisms in Queensland. Although the success of this restructuring is still to be determined, it is evident that a similar process is required in other states.

The articles by Barbara Miller, Mary Edmunds and Ian Robinson all recognise that an input at a community level into policing is essential if the underlying reasons for law and order problems are to be addressed. Community policing offers the possibility for communities to address and take responsibility for their own problems and for police services to in fact service and account to Aboriginal communities.

Clearly the entrenched ethos of police codes, racist practices and structures which foster a police mentality of external crime control cannot be readily overcome. However, a dynamic, pro-active and institutional response to such an entrenched and institutionalised problem is necessary. In addition, community initiated programs in areas such as dispute resolution, community policing, provision of services and law reform demand the practical support of Federal, State and local governments.