Policing People of Middle Eastern Appearance the Construction of a Suspect Community in New South Wales, Australia
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Policing People of Middle Eastern Appearance The Construction of a Suspect Community in New South Wales, Australia Megan McElhone A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy Faculty of Law April 2019 This thesis was written on the lands of the Bedegal people of the Eora Nation and the Cabrogal people of the Darug Nation. I acknowledge the Traditional Owners of the lands where I live and work, and pay my respects to Elders past, present, and emerging. THE UNIVERSITY OF NEW SOUTH WALES – Thesis/Dissertation Sheet Surname or Family name: McElhone First name: Megan Other name/s: Kate Abbreviation for degree as given in the University calendar: PhD School: Law Faculty: Law Title: Policing People of Middle Eastern Appearance: The Construction of a Suspect Community in New South Wales, Australia ABSTRACT People of Middle Eastern background and appearance have been over-policed by the New South Wales Police Force since the 1990s. This over-policing has involved an assemblage of policies, practices, and institutional units. Police work has also coalesced with law-and-order police, political, and media rhetoric to produce public discourses about the criminal capacities of ‘Middle Eastern’ people, as captured in the neologism ‘Middle Eastern organised crime’. These developments have been subject to little academic scrutiny. This thesis reduces the gap in the literature by examining the Police Force’s approaches to policing people of Middle Eastern background and appearance, for non-terrorism-related matters, between 1998 and 2018. The conceptual tool used to examine the over-policing of people of Middle Eastern background and appearance is the ‘suspect community thesis’. The suspect community thesis draws attention to institutionalised policies and practices that render members of racialised groups collectively subject to extraordinary policing and surveillance because of their status, identity, or associations, rather than their conduct. This study does not merely apply the suspect community thesis but also develops it in specific ways, thereby making both empirical and conceptual contributions. It draws on data from interviews with lawyers, community workers, members of the Police Multicultural Advisory Council, former police officers, and a range of documents. This thesis contends that the Police Force’s over-policing of people of Middle Eastern background and appearance has created and maintained a ‘Middle Eastern suspect community’ in New South Wales. Key themes traced in this regime of over-policing include the creation of police squads; the territorial policing of localities racialised as Middle Eastern; the targeted use of legal powers; and the extension of surveillance and regulation through community-based policing. The thesis also explores how institutional censorship and image-maintenance practices have allowed the police organisation to insulate its public knowledge claims about the suspect community. The policing of the Middle Eastern suspect community has been animated by proactive, intelligence-led, and pre-emptive rationalities and methodologies, which have also taken root in other jurisdictions. Accordingly, the findings of this thesis may be useful in conceptualising the over-policing of racialised communities in other contexts. DECLARATION RELATING TO DISPOSITION OF PROJECT THESIS/DISSERTATION I HEREBY GRANT TO THE UNIVERSITY OF NEW SOUTH WALES OR ITS AGENTS THE RIGHT TO ARCHIVE AND TO MAKE AVAILABLE MY THESIS OR DISSERTATION IN WHOLE OR IN PART IN THE UNIVERSITY LIBRARIES IN ALL FORMS OF MEDIA, NOW OR HERE AFTER KNOWN, SUBJECT TO THE PROVISIONS OF THE COPYRIGHT ACT 1968. I RETAIN ALL PROPERTY RIGHTS, SUCH AS PATENT RIGHTS. I ALSO RETAIN THE RIGHT TO USE IN FUTURE WORKS (SUCH AS ARTICLES OR BOOKS) ALL OR PART OF THIS THESIS OR DISSERTATION. I ALSO AUTHORISE UNIVERSITY MICROFILMS TO USE THE 350 WORD ABSTRACT OF MY THESIS IN DISSERTATION ABSTRACTS INTERNATIONAL (THIS IS APPLICABLE TO DOCTORAL THESES ONLY). 01 April 2019 ……………………………………………………. ……………..….......……………..…....... ………..................... Signature Witness Signature Date The University recognises that there may be exceptional circumstances requiring restrictions on copying or conditions on use. Requests for restriction for a period of up to 2 years must be made in writing. Requests for a longer period of restriction may be considered in exceptional circumstances and require the approval of the Dean of Graduate Research. FOR OFFICE USE ONLY Date of completion of requirements for Award: i Originality Statement ‘I hereby declare that this submission is my own work and to the best of my knowledge it contains no materials previously published or written by another person, or substantial proportions of material which have been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgement is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project's design and conception or in style, presentation and linguistic expression is acknowledged’. Signed....................................................... Date........................................................... ii Inclusion of Publications Statement UNSW is supportive of candidates publishing their research results during their candidature as detailed in the UNSW Thesis Examination Procedure. Publications can be used in their thesis in lieu of a Chapter if: • The student contributed greater than 50% of the content in the publication and is the “primary author”, i.e. the student was responsible primarily for the planning, execution and preparation of the work for publication • The student has approval to include the publication in their thesis in lieu of a Chapter from their supervisor and Postgraduate Coordinator. • The publication is not subject to any obligations or contractual agreements with a third party that would constrain its inclusion in the thesis ☒ This thesis contains no publications, either published or submitted for publication Some of the work described in this thesis has been published and it has been documented ☐ in the relevant Chapters with acknowledgement This thesis has publications (either published or submitted for publication) incorporated ☐ into it in lieu of a chapter and the details are presented below CANDIDATE’S DECLARATION I declare that: • I have complied with the Thesis Examination Procedure • where I have used a publication in lieu of a Chapter, the listed publication(s) below meet(s) the requirements to be included in the thesis. Name Signature Date (dd/mm/yy) Megan McElhone 01 April 2019 Postgraduate Coordinator’s Declaration (to be filled in where publications are used in lieu of Chapters) I declare that: • the information below is accurate • where listed publication(s) have been used in lieu of Chapter(s), their use complies with the Thesis Examination Procedure • the minimum requirements for the format of the thesis have been met. PGC’s Name PGC’s Signature Date (dd/mm/yy) iii Copyright Statement ‘I hereby grant the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all proprietary rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstract International (this is applicable to doctoral theses only). I have either used no substantial portions of copyright material in my thesis or I have obtained permission to use copyright material; where permission has not been granted I have applied/will apply for a partial restriction of the digital copy of my thesis or dissertation.’ Signed....................................................... Date........................................................... Authenticity Statement ‘I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and if there are any minor variations in formatting, they are the result of the conversion to digital format.’ Signed....................................................... Date........................................................... iv Table of Contents Thesis Dissertation Sheet ................................................................................................... i Originality Statement ........................................................................................................ ii Inclusion of Publications Statement ................................................................................ iii Copyright and Authenticity Statements .......................................................................... iv Table of Contents .............................................................................................................. v Acknowledgements ............................................................................................................ x Abstract ...........................................................................................................................