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A series of Research Briefs designed to bring research findings to policy makers Conducting research with Indigenous people and communities Brief 15, January 2013 Dr Judy Putt Written for the Indigenous Justice Clearinghouse

Introduction expertise of their circumstances past Research practice and and present, and on positive change context Past critiques of the social sciences (Smith 1999; Sherwood 2010). focused primarily on the identity of the This brief provides an overview of The research ‘business’ researcher and his or her relationship innovative and exemplary research Research can be broadly divided with the ‘subject’ Indigenous person, approaches and practice undertaken into that which is investigator-driven but over time more sophisticated with and by Indigenous communities and that which is policy-driven, with that is relevant to crime and justice and practical approaches have the former generating proposals research. A number of critical emerged related to participant- through thesis work and academic questions guided this brief, including: focused methodologies and design. interest that are submitted for funding More specifically, past research • What have been the research whilst the latter arises primarily involving Indigenous people has topics and methods undertaken in through commissioned projects and been criticised as inherently biased in recent years on justice evaluations. Research institutions and disempowering (Henry et al issues and Indigenous people? and funding bodies therefore play 2004; Davey and Day 2008; Kidman • What constitutes good practice an important role in supporting 2007; Sherwood 2010). Recent in criminological research and locally-driven research and setting responses that seek to improve all evaluation? national priorities for research that incorporates Indigenous perspectives forms of research practice involving • What are some of the key or supports Indigenous control or Indigenous people in Australia and considerations when conducting direction (Henry et al 2004). internationally, include funding research with Indigenous people for Indigenous-specific research and communities? In terms of crime and justice institutes, dedicated funding for • What should constitute good research, the main sources of Indigenous academics and research practice and what are examples? government funding and the kind of research questions that preoccupy networks, and ethical guidelines. • What are the main practical policy makers means that much Some of the most interesting and challenges associated with such of the research with Indigenous substantial Indigenous-led or informed practice? people relies on secondary analysis research that has emerged in the The brief is divided into four sections, of administrative data and national past 20 years has often related to covering research practice and surveys. Driven by governmental health, although such innovative context, ethical frameworks and review agreements at the national level, in approaches remain under-developed processes, practical constraints and Australia, the focus is on monitoring in the criminological domain. Today, challenges, and promising practice. Indigenous over-representation in Indigenous researchers argue the focus Where appropriate, examples are the criminal justice system and should be on working with Indigenous drawn from other countries, most evaluations of programs and people who hold the knowledge and notably New Zealand and Canada. initiatives that seek to ‘close the

www.indigenousjustice.gov.au Standing Council on Law and Justice Indigenous Justice Clearinghouse gap’ between Indigenous and non- or stories. The common attributes The NHMRC (2003) describes the Indigenous people. of collaborative and participatory basic elements of the research approaches are described as shared process as: conceptualisation; Design and methodology ownership of research projects, development and approval; data The objectives of the research community-based analysis of social collection and management; analysis; determine the approach and problems, and an orientation towards report writing; and dissemination. methodologies adopted. Table 1 community action (Henry et al 2004). It is often within the context of the provides examples of crime and methodology that crucial distinctions A number of core values characterise justice research, both investigator and are drawn between qualitative and good practice in social sciences, policy-driven, that involve Indigenous quantitative methods, although it can including respect for subjects or people. As a general rule, the methods be argued that irrespective of the participants; voluntary participation; employed for population and system- method, at every stage there must be informed consent; and ensuring privacy oriented research are quantitative the opportunity to ensure Indigenous and confidentiality. The overall design and utilise large scale surveys and people control or have input into of the study should be transparent and secondary analysis of administrative the process. Ethical guidelines are entail the accurate use of information data. Program evaluations typically designed to provide frameworks that and data, with underpinning principles involve the application of mixed ensure appropriate consideration is identified in the Australian Code for method approaches and often rely given to ensure this occurs throughout on the triangulation of different data the Responsible Conduct of Research the research process. sources and methods, whereas (NHMRC et al 2007a). There are a place or person-centred research is number of ways these principles have Ethical frameworks and predominantly qualitative research. been elaborated upon and applied that review processes support research involving Indigenous Participatory action research, people – specific ethical guidelines; Criminology has a history of whereby the research participants specific funding for programs, conducting research on sensitive work alongside the researchers to institutions, positions and networks; and difficult issues with marginalised determine the purpose and outcomes and the development of specific and/or vulnerable groups and where of the research, can be applied to all approaches and methodologies. participants may be involved in research activities irrespective of the Several practical resources have offending. In the National Statement methodology but is more likely to be also been developed for Indigenous on Ethical Conduct in Human found in in-depth, detailed studies researchers (for example, Laycock et Research (National Statement) of place and of individual narratives al 2009; Laycock et al 2011). (NHMRC et al 2007b) section 4.6

Table 1: Examples of Australian crime and justice research involving Indigenous people

Population System Program Place Person Large scale Various dimensions Mixed methodology Context of place Small number surveys of and the effect to evaluate informs the of participants population/sub- of the system is a program or research communicating Key population samples assessed through initiative their experience Characteristic to investigate their the analysis of perceptions and criminal justice experiences data (including court records)

National Aboriginal Analysis of Evaluation of Research on Interviews with and Torres Strait criminal justice a program in a crime in different offenders - Daly Islander Social data - Harding et al remote community regional towns - and Proetti-Scifioni Survey (NATSISS) (1995) - Colmar Brunton McCausland and (2011) - ABS (2009) (2012) Vivian (2009) Analysis of court Group discussions Survey of over data - Beranger et Evaluation of Murri Research on about anger - Examples 1,300 Indigenous al (2010) courts - Morgan service delivery Davey and Day people in remote and Louis (2010) in a remote (2008) Australia - Shaw Analysis of court community - Lovell and d’Abbs (2011) cases - Davis et al et al (2012) Conversations with (2010) people in remote Australia - Gibson (2009)

Methods Quantitative Qualitative

2 Indigenous Justice Clearinghouse refers to the ethical and legal issues process must include assessment (SPEaR 2008) are explicitly aimed that may arise in research where by or advice from people who have at government officials who design, participants or others may be involved networks with and/or knowledge of commission and/or manage research in current or future illegal activities. A research with Indigenous peoples; and evaluation, and include a chapter guiding principle is that the benefits and people familiar with the culture on how to apply these principles to of the study should outweigh the risks and practices of the people with research with Mâori people informed to participants and the researcher. whom participation in the research by consultations and workshops The important point is made that will be discussed (NHMRC et al (SPEaR and AnZEA 2007). In all the participants should not have 2007b). There is also an expectation these guidelines, emphasis is placed unrealistic expectations of benefit that the application will explain how on respect and integrity, and with from their participation. it will address the core values and Indigenous people, reciprocity. principles articulated in the NHMRC The Australian Institute of Aboriginal Indigenous people are often both (2003) guidelines for Aboriginal and and Torres Strait Islander Studies victim and offender (Bryant and Willis Torres Strait Islander health research, (AIATSIS) (2012) has recently revised 2008). For participants who have even if it is not a medical or health- its ethical guidelines for Indigenous been victims there may be concerns focused study. surrounding their personal safety and Australian studies. Informed by the the risk of causing further distress Common themes are apparent in United Nations Declaration on the through the research process. In ethical guidelines for research with Rights of Indigenous Peoples (2007) such circumstances, the onus is Indigenous peoples in Australia, and United Nations conventions on the researcher to ensure that, Canada and New Zealand. The related to intellectual property and at a minimum, there is access to Canadian Tri-Council Policy cultural heritage, the guidelines information about appropriate and Statement on ethical conduct defines emphasise the rights of Indigenous accessible services that the participant the core ethical value as respect for people to self-determination, cultural can seek help and advice from. human dignity that is expressed in knowledge and heritage, as well as three principles – respect for person, listing various principles related to Australian guidelines highlight concern for welfare, and justice good practice. the need to respect and support (CIHR et al 2010). Table 2 presents A continuum of Aboriginal people’s research participants, with additional core values and principles for ethical involvement and participation in elements and nuances found in conduct in human research (NHMRC research is outlined in the Canadian ethical guidelines for research with et al 2007a), in health research with Guidelines for Health Research Indigenous people and communities. Indigenous people (NHMRC 2003), Involving Aboriginal People (CIHR According to the National Statement and for good practice in social 2007), with practical illustrations (NHMRC et al 2007b), all research policy research and evaluation in ranging from research that directly involving Indigenous peoples must New Zealand (SPEaR 2008). Unlike and exclusively involves Aboriginal be reviewed and approved by a the Australian code for responsible people to a study of an inner city registered Human Research Ethics research (NHMRC et al 2007a), the neighbourhood where Aboriginal Committee (HREC). The HREC New Zealand good practice guidelines people are a sizeable proportion of the larger community. Given there may not necessarily be a Table 2: Principles of ethical conduct and good practice homogeneous or a unified view of research the process and its outcomes, the Canadian guidelines refer to careful Values and principles Principles of good General principles negotiations and handling with for for ethical conduct in practice social for ethical conduct in example: safeguarding participant Aboriginal and Torres policy research human research privacy, which may require special Strait Islander health and evaluation (NZ) (NHMRC et al 2007a) measures with the sharing of research (NHMRC 2003) (SPEaR 2008) research information with community Honesty and integrity Reciprocity Respect organisations etc; and identification of place, which should be negotiated Respect for participants Respect Integrity with participants, partners and/or Good stewardship of Equality Responsiveness collaborators. public resources Responsibility Competency Practical constraints Appropriate Survival and protection Reciprocity acknowledgment of the and challenges role of others Spirit and integrity Responsible Challenges for researchers communication of Although no-one would argue with results the core values and principles underpinning the current Australian guidelines, there has been a range of criticisms made about the process of 3 Indigenous Justice Clearinghouse ethics approval in Australia (Graham placed in a cultural brokerage role. scientific community – which may 2011; Kidman 2007; Sherwood 2010). Sherwood (2010) refers to tensions be sometimes at odds with the need Considerable time may be required related to Indigenous researchers’ to be accountable and respectful of to plan and develop a partnership responsibilities to their community Indigenous cultural priorities. Davey or collaborative arrangement and the aim of making research a safe and Day (2008) found this occurred with Indigenous communities or and beneficial process for Indigenous during data collection – with the non- organisations and to obtain letters people, whilst working within a western Indigenous researchers seeking to of support from key representatives academic environment. There is a ensure compassionate professional prior to submitting an application. For lack of documented perspectives from distance whilst Indigenous colleagues example, Coram (2011) describes a community-based researchers, and wanted to assist and counsel the 12-month application process to obtain accounts of the strengths they bring men, mindful of the wellbeing of approval from an ethics committee, for to the research process. Canadian participants. Coram (2011) found that a small scale study of a community research, however, suggests those she was criticised for not recording project involving young people. who have been directly involved ‘negative’ observations in her certainly have more positive attitudes research but she argues she could Based upon researchers’ reflections of about research than those who had not retain the trust of the community their experiences, it is evident that there only heard about research in the if she did so. are often gaps between the theory of community (Edwards et al 2008). good research and practice (Blagg Evaluation challenges 2011; Davey and Day 2011; Sherwood Who benefits? Much of the research that Indigenous 2010; Williams et al 2011). Despite the Academic research has certain people have experienced relates to best of intentions, there are inherent values and practices that are evaluations, and may be largely a tensions between a commitment to continually reinforced through the consultation process. As Williams et al the principles of participatory and definition and recognition of ‘experts’ (2011) stress, the AIATSIS guidelines ethical research and the expectations and their role in peer review of funding on Indigenous research do not deal of funding agencies and academia. assessments and acceptance of specifically with evaluation, despite Strict adherence to ethical guidelines research products (Sherwood 2010). the particular challenges surrounding and research protocols does not In many circumstances, funding evaluations of programs and initiatives necessarily translate into day-to-day applications and research outputs that involve Indigenous people. good practice. Nor may there be the are still assessed in terms of scientific The common business model for funding, capacity and timeframe to quality not social benefit (Henry et evaluations adopted by governments allow all parties to devote the energy al 2004), although this is changing is to contract external or independent and resources to follow through on the with the NHMRC grant guidelines ideal. groups to undertake the work with the for medical and health research specifications, including the timeline, with Indigenous communities now From a non-Indigenous perspective, determined by the contracting party. requiring applicants to demonstrate the research process can be difficult, Collaborative and participatory community engagement, capacity subject to change and negotiation over research methodologies do not lend building and benefit. The question of time and the ceding of control and re- themselves to short timeframes. They benefit – short term to participants orientation in thinking (Coram 2012; also note that they are relatively easy and to collaborators and partners – Davey and Day 2008; Nicholls 2009). to talk about but difficult to do. There and longer term, to Indigenous people Blagg (2011) states that researching are limited resources, and limited time and is not always easy in the Aboriginal domain is never easy to develop the trust and confidence at to determine and to agree upon, let or straightforward, whether working the heart of true partnerships. alone deliver. with an Aboriginal urban group or in a remote community. Sherwood (2010) Challenges of community-based Research instruments (herself an Indigenous researcher) collaborative approaches include There may be serious flaws in found a common refrain amongst the the agenda for research, the power standard research instruments Aboriginal people she talked with, differentials, and ownership and that require adaption or redesign was that researchers did not ‘listen’ identity of the research project, with (Anderson 2008). Survey questions and did not get the story ‘right’. As she political dimensions to the process are asked slightly differently in remote underlines, being able to listen and and outcomes (Edwards et al 2008). and non-remote contexts in NATSISS hear is an active process that requires Other challenges may relate to the (ABS 2010), and Blagg (2008) refers openness and can be discomforting. scepticism and resistance from to the development of a community Another risk, according to Davey Indigenous gatekeepers (Davey and safety questionnaire that required and Day (2008), is that of over- Day 2008) and as Blagg (2011) points reformulating questions about safety identification or romanticism, and out, the needs of non-Indigenous and social problems. This initial reifying the construct of Indigenous researchers may not be a priority in work was further built upon in a large identity or reproducing stereotypes. Indigenous communities. scale survey of community safety and wellbeing in remote communities For Indigenous researchers, there There can be different notions (Shaw and d’Abbs 2011). can be significant challenges and of accountability – to the funding difficulties associated with being body, to the and the In certain contexts, due regard should 4 Indigenous Justice Clearinghouse be given to language and the need to al 2008). The focus is on collaborative research in Canada on resilience include interpreters and/or involve teams, the incorporation of academic amongst Indigenous peoples, local language speakers. Recognition and community knowledge, and Anderson (2008) provides an that there may be participants outcomes that can contribute to example of a partnership with 12 with hearing impairments is also positive change. In relation to crime Aboriginal women’s shelters across important. Due to the prevalence and justice research, potential Canada that had academic rigour of hearing loss and middle ear partners include community-based or and employed community-led disease among Indigenous people oriented justice initiatives or services approaches based on non-disclosure in Australia, a web-based ‘one stop such as legal services, victim support of traditional knowledge. Practical shop’ has been developed, which services, healing and wellbeing suggestions include: includes information and resources centres, night patrols, Indigenous on the subject (Australian Indigenous courts, and community justice groups • More robust and documented HealthInfoNet and Menzies School of (for example, Pilkington 2009; Taylor ‘network’ sampling in urban Health Research 2012). and Putt 2007). contexts, which are followed up over time. Promising practice A key question for Davey and Day (2008) was finding a method that • Quantitative research that There is no definitive Indigenous enabled Indigenous voices to emerge. generates policy oriented research model or methodologies. They found it was a constant struggle evidence of outcomes. He found Instead, various guidelines and and although they would argue communities were interested in commentaries underline the need their research practices were not this type of research, arguing that to incorporate or ensure Indigenous oppressive it did not mean fundamental qualitative research mainly assists involvement or control over the asymmetries were eliminated. Ongoing non-Aboriginal researchers to enterprise. The focus is on the need dialogue about intentions, values understand the context and for reorientation and adaption of and assumptions throughout the Aboriginal worldviews. the research business, and in its research process seems essential • Investment in “tools for sharing practice, of researchers’ worldviews in any collaborative or partnership and socialization of evidence” and of standard methodologies and arrangement (CIHR et al 2010). including stakeholder meetings, instruments. According to Blagg (2011) At a practical and local level, the fundamental protocols pertain to any presentations, videos, comics, central role of Elders is underlined by research in the Indigenous domain radio coverage and scientific Sherwood (2010) who she believes – cultural sensitivity, willingness to publications. can help Indigenous and non- partner and to involve communities • Building Aboriginal skills and Indigenous research to be respectful in both processes and outcomes, and to generate an ethical dialogue confidence to lead research so and that Indigenous people see some with another worldview. She that Aboriginal researchers have benefits from the research. outlines a series of steps, to create the capacity to balance self- In New Zealand, the Kaupapa Mâori what she calls a decolonisation reflective cultural investment and research institute has a considerable framework, which begins with an practice with non-Indigenous track record in undertaking education acknowledgement that the researcher empirical research methods research as well as evaluations of does not know it all. Respect leads (Anderson 2008). criminal justice initiatives (Tuhiwai to an openness and comprehension Urban Indigenous populations are Smith and Cram 1997; Cram et al that lends itself to collaboration and dispersed and diverse, and although 1999). Kaupapa Mâori (Mâori ‘ground the building of trusting relationships only one quarter of the Australian and reciprocal obligations. rules’) underpins their research, Indigenous population live in remote which is described as an approach and very remote communities, that does not exclude the use of a Participants’ trust and confidence much of the Australian research on wide range of methods but rather in the research process can be health and social issues has been signals the interrogation of methods enhanced through the engagement in relation to cultural sensitivity, of community-based researchers undertaken in remote communities cross-cultural reliability, and useful (Edwards et al 2008). Community- (Pyett et al 2009). Based on extensive outcomes for Mâori. based researchers can have a experience in public health research, crucial role in every step in the Pyett et al (2009) make a series Participatory and research process, and may ask for of suggestions for engaging with collaborative research and/or need additional support to Indigenous communities in an urban deal with the demands placed on Community-based participatory context, including approaching a peak them. The fostering and support of research has been increasingly body relevant to the research topic for networks of Indigenous researchers adopted as a way to build advice on who to consult, formalising in communities and within institutions the collaborative relationship through partnerships between Indigenous is happening in Australia to some a memorandum of understanding, communities, research institutions extent (for example, Lovell et al 2012; and ensuring appropriate and governments and to increase Sherwood 2010). Indigenous community participation acknowledgements of contributions and control in research (Edwards et Reflecting on over a decade of (and co-authorships where possible). 5 Indigenous Justice Clearinghouse In addition to acknowledging multiple engagement strategies. More incorporates sufficient resources contributors to research, it is always strategic approaches are required and time to enable the building important to consider the ownership, to ensure active participation of of partnership or collaborative transfer and dissemination of research Indigenous people throughout the approaches, and experimentation in findings. Meaningful feedback is entire research process. method and product. An illustration is likely to require a range of products the funding of $1.2 million over three Within Australian jurisdictions and and processes, tailored to particular years for 23 community research stakeholder groups (Williams et al on a national scale, regular agenda setting for research on crime and projects in remote locations that to date 2011). In commissioned research or has resulted in local capacity building evaluation, there can be a provision justice issues should be undertaken with Indigenous people through and published reports (eg. Lovell et al included in the contract for shared 2012; Colmar Brunton 2012). ownership through sub-licensing the setting of institutional research arrangements, an example being and funding priorities. Improving Arguably crime and justice research the community safety and wellbeing mechanisms to integrate such with or involving Indigenous people research into crime and justice policy study involving a total of 17 remote poses particular challenges. For and practice could include building communities (Shaw and d’Abbs 2011). many, it implies a focus on negative knowledge networks and brokers An example of an intellectual property issues and exacerbates politicking similar to that found in the health and Indigenous knowledge protocol is around particular public anxieties. domain (Benham 2012). provided by Orr et al (2009). As a result, there has been a marked Further investment is required that reluctance in the research community Australian crime and justice research Of the limited literature available that Table 3: Examples of promising practice in crime and documents researchers’ experiences, justice research in Australia most relates primarily to investigator- driven, discrete community-based Values Key element(s) Examples studies and in-depth qualitative research. Table 3 includes examples Culturally Alternative methodologies Conversational method - of crime and justice research involving appropriate such as narratives/‘yarning’ Kovach (2010) Indigenous people and communities that has sought to apply some core Story-telling - Gibson (2009) values, and various approaches Indigenous Direction and management Research by an Aboriginal that have been adopted to produce engagement of research including joint legal service - Pilkington concrete benefits and meaningful or control ‘ownership’, reference groups, (2009) research products. However, it is partnership approaches acknowledged that these approaches Research with sexual assault are less likely to occur in large centres - Taylor and Putt scale surveys, evaluations, and (2007) commissioned research projects. A Reference group – Davey and resource such as the New Zealand Day (2008) guidelines for government officials on how to apply good practice research Investment in local capacity Building capacity in a remote principles to commissioned research and networks community - Lovell et al with Mâori communities (SPEaR (2012) 2008) would be valuable in the Australian context. Employing networks of local Indigenous researchers in Conclusion remote communities - Shaw and d’Abbs (2011)

With the development of ethical Reciprocity Providing or enabling Assistance with community guidelines and good practice (and benefits) individual and community activities and projects frameworks, research should, and benefits is, more likely to adhere to a core Training and resources/ set of principles, related to integrity, ongoing relationships (Lovell respect, reciprocity and mutual et al 2012) benefit. This has not however Communicating results to Story-boards/video clips/ translated into major transformations participants, communities and DVDs (Colmar Brunton 2012) of the research business, more in the specific groups – eg visual conduct of research practice. Some forms Community reports/individual of the more promising developments transcripts (Shaw and d’Abbs relate to collaboration and building 2011) networks of researchers, and local 6 Indigenous Justice Clearinghouse to undertake crime and justice health research, Glenelg, South report to the Department of Corrections. research directly involving Indigenous Australia, 19-21 June Auckland: International Research Institute people, especially in urban settings. Beranger B, Weatherburn D and for Maori and Indigenous Education, Instead, much of what has been Moffatt S 2010. Reducing Indigenous University of Auckland produced by research bodies has contact with the court system. Crime Daly K and Proeitti-Scifioni G 2011. involved system-oriented studies and Justice Statistics Bureau Brief, ‘The elders know ... the white man and/or commissioned evaluations of Issues paper no.54. Sydney: NSW don’t know’: offenders’ views of the reforms. Some would argue that the Bureau of Crime Statistics and Nowra circle court. Indigenous Law make it too hard, the hurdles Research http://www.bocsar.nsw. Bulletin 7(24): 17-21 too great and the benefits negligible, gov.au/lawlink/bocsar/ll_bocsar.nsf/ Davey L and Day A 2008. Reflections but to opt out leaves space for vwFiles/bb54.pdf/$file/bb54.pdf on methodology and process: a non- inquiries, consultations, and media Blagg H 2011. Journeys outside Indigenous perspective, in Day A, stories to inform public debate and the comfort zone: doing research Nakata M and Howells K (eds), Anger government policy, uninhibited by the in the Aboriginal domain, in Bartels and Indigenous men: understanding standards, core values and ethical L and Richards K (eds), Qualitative and responding to violent behaviour. principles of good research practice. criminology: stories from the field. Sydney: Federation Press: 151-157 Dr Judy Putt is Senior Research Sydney: Federation Press: 140-154 Davis M, Cripps K and Taylor L 2010. Fellow at the Tasmanian Institute Bryant C and Willis M 2008. Risk Sexual violence and Indigenous of Law Enforcement Studies at factors in Indigenous violent victims: women, children and the the University of . She victimisation. Technical and criminal justice system. Indigenous was previously head of research background paper series no. 30. Law Centre Research Brief 1. Sydney: at the Australian Institute of Canberra: Australian Institute of University of http:// Criminology. Criminology. http://www.aic.gov.au/ www.ilc.unsw.edu.au/ sites/ilc.unsw.edu. publications/current%20series/tbp/21- au/files/mdocs/Sexual%20Violence%20 The Indigenous Justice 40/tbp030.html Research%20Brief%20No.1.pdf Clearinghouse would like to thank Canadian Institutes of Health Edwards K, Lund C, Mitchell S and Professor Juanita Sherwood for Research 2007. 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