Hey guys!

It’s been quite a week as the world has been witnessing the powerful and compelling movement in the US in response to the death of George Floyd by a police officer, igniting nationwide protests. We can see so clearly the widespread hurt and anger of African American communities in response to the ongoing inequality and systemic racism, but it begs the question- is the situation so different here?

With rallies being organised in cities across Australia this weekend, it is appropriate for us to reflect on the systemic racism and inequalities that exist here in Australia today.

Deaths in Custody: hidden from view
There have been 432 Aboriginal deaths in custody in Australia since the final report of the Royal Commission into Aboriginal Deaths in Custody was delivered in 1991 and no one has ever been convicted for these deaths. A review conducted by Deloitte in 2018 found that only two-thirds of the royal commission’s recommendations made in 1991 were fully implemented. It also found that recommendations related to non-custodial approaches and self-determination had the least action taken. While the rate of Aboriginal deaths in custody has halved since the royal commission, the rate of incarceration of Aboriginal people has doubled making Indigenous Australians the most incarcerated people on Earth.

Recent cases

Only two weeks ago, a police officer entered a not guilty plea for the murder of 29 year old Yamatji woman Joyce Clarke, who was fatally shot by the policeman outside her home in September last year in Western Australia.
Another fatal police shooting last year, this time in the Northern Territory included a 19-year-old Walpiri man Kumanjayi Walker at his home.
David Dungay Jr in 2015 at Sydney's Long Bay prison died after being restrained by six guards for refusing to stop eating a packet of biscuits.
Here in Victoria, Yorta Yorta elder Tanya Day died after being taken into custody by Victoria Police in 2017, after being arrested for public drunkenness.

This week we also see further examples of excessive force with a police officer kicking the leg out from underneath a 16-year-old Aboriginal teenager in order to arrest him.

Listening to Indigenous voices
Now is the time to listen to our Aboriginal and Torres Straight Islander communities.
Cheryl Axleby, Co-Chair of Change the Record (an Aboriginal led justice coalition of Aboriginal peak bodies and non-Indigenous allies) clearly states the issue-
“Aboriginal and Torres Strait Islander peoples are dying in police and prison cells for two reasons - the discriminatory policies which see us arrested at extraordinary rates, and the discriminatory treatment we are subjected to by police and correctional authorities. This must change.”

There has been a collective call by Aboriginal organisations for the end to deaths in custody and for the following steps to be taken:

End the mass imprisonment of Aboriginal and Torres Strait Islander peoples by repealing punitive bail laws; mandatory sentencing laws; and decriminalising public drunkenness.
Stop imprisoning Aboriginal and Torres Strait Islander children and raise the age of legal responsibility from 10 to at least 14 years.
End racist policing and require police accountability by ending the practice of police investigating police, and legislating for independent investigations of deaths in custody and resourcing independent police oversight bodies.
Implement all recommendations from the Royal Commission into Aboriginal Deaths in Custody and the countless independent investigations, coronial inquests and reports that have been published in the three decades since.
End the abuse, torture and solitary confinement of Aboriginal and Torres Strait Islander people in police and prison cells through legislative safeguards and by urgently establishing independent bodies to oversee the conditions of detention and treatment of people; in accordance with our obligations under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

Here in Australia, the Black Lives Matter movement certainly deserves the attention that it is receiving, but this is also long overdue. The issue of deaths in custody is entrenched and entangled in a combination of systemic issues including police brutality, failures of the government to focus on justice reinvestment, as well as racism and unconscious bias in the justice and health systems. Although these issues have been investigated and exposed through royal commissions, reviews and various reports, change can only happen by bringing the issue to the surface and fighting to keep them there so that they are not hidden from view and cannot be ignored- because black lives matter.

If you would like to learn more or would like to know what you can do to help support the cause, you can check out this resource.

For those of you heading into exams next week, I hope you get to enjoy some of the long weekend!

Until next time!

(ABC News- Giulio Saggin)

READ: ABC’s Indigenous affairs correspondent Isabella Higgins asks- Is the American influence so great that as a country Australians understand American race struggles better than our own? R ead her article here.

LISTEN: Curtain the Podcast seeks to pull back the ‘curtain’ to shine a light on the darkest parts of our justice system and asks – who are the victims? This episode examines how police and the justice system treat Aboriginal women through a number of case studies. Listen to it here.

INTERACTIVE DATA: In 2018, the Guardian Australia conducted a 10 year investigation of all Aboriginal deaths in custody between 2008 and 2018. The findings of the major causes included government failures to follow their own procedures and to provide appropriate medical care to Indigenous people in custody. The database was further updated in August 2019. Check it out here.

READ: It is important to listen to Indigenous voices on Indigenous issues. Read this article on the Black Lives Matter movement by Marlee Silva, a 24 year old Gamilaroi and Dunghutti writer based in Sydney to understand the issues from her perspective. Read it here.

READ: In December last year a Northern Territory Alice Springs-based judge Greg Borchers was allowed to remain on the bench despite making racist remarks to Aboriginal defendants. It is an extreme example of systemic racism in our justice system, and the outcome of the investigations is concerning. Read about it here.

PODCAST: The Guradian has produced this 5 episode podcast series which tells the story of David Dungay Jr's death in custody. It begins with the disagreement about a packet of biscuits and takes you through to the Coroner's Inquest and findings. Check out episode 1 here.

Webinar series: How did you get here?

NEXT THURSDAY @ 3.30pm- Administrative Lawyer, Bryn Overend.
Have you thought about a career in Community Law? Or maybe you are interested in administrative law, but not sure what that involves?

Bryn Overend graduated in 2012 and started his career as a criminal lawyer working for Victorian Legal Aid. Bryn is now the Principal Solicitor at Social Security Rights Victoria, a speciality community legal centre that assists clients in protecting their legal rights to social security payments from Centrelink. Bryn has also previously lived in Alice Springs defending Aboriginal clients through his work at Central Australian Aboriginal Legal Aid Service (CAALAS).

Register here to hear his story.

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