Chapter 2 7 Indigenous communities dealing with family violence and abuse: recognising ‘promising practice’ and learning from achievements Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous cultures. The past eighteen months, in particular, has seen significant and sustained media coverage of these issues. Stories of violence and abuse are important and demand to be heard and acted upon. Despite this, however, mainstream media have not reported much about how Indigenous peoples and communities nationally are positively responding to family violence, abuse and neglect. Across Australia, there are many examples of Indigenous community led initiatives to deal with the devastating impacts of family violence and abuse, and to prevent its occurrence in the first place. Sometimes this is occurring due to the efforts of a single individual, with limited or no government support. Sometimes it is emerging in the face of government inaction or in the face of government bureaucracy that responds slowly, over-cautiously, inflexibly or unimaginatively to these difficult and intransigent problems. In other circumstances, it is occurring through partnerships with individual government agencies, the NGO sector or the courts that are striving to do things differently. This report highlights existing initiatives aimed at dealing with family violence and abuse in Indigenous communities, and ultimately preventing harm to our women and children. These initiatives are described as ‘promising practice’ as opposed to ‘best practice’. Part 1 explains this focus on promising practice, as well as definitions and some of the key concepts of family violence and abuse in Indigenous communities. The case studies provided in this report also complement research undertaken by the Human Rights and Equal Opportunity Commission over the past five years into family violence and abuse in Indigenous communities. A summary of that research was released in 2006 in the publication: Ending family violence and abuse in Aboriginal and Torres Strait Islander communities. Chapter 2 8 Part 1 of this report also recaps on the key challenges for addressing family violence in Indigenous communities identified through this earlier research, and the key elements of a human rights based approach to family violence. Part 2 of the report then presents case studies of promising practice in dealing with family violence and abuse in Indigenous communities. The case studies are presented under the following themes: • Community education and community development; • Healing; • Alcohol management; • Men’s groups; • Family support and child protection; • Safe houses; and • Offender programs. Part 3 of the report then draws together the common themes from the case studies and lessons for holistic intervention to prevent violence and abuse in Indigenous communities. What this chapter shows is that, quite simply, there are many Indigenous individuals, organisations and communities that are working tirelessly to combat family violence and abuse, even if the mainstream media does not report this. As I have argued previously: we need to confront family violence, but also do so by reinforcing the inherent worth and dignity of Indigenous peoples, not by vilifying and demonising all Indigenous peoples.1 This collection of case studies goes some way to recognising the positives and celebrating the victories of dedicated Indigenous peoples across Australia, as well as acknowledging the often severe hardships and challenges that they continue to face. 1 Aboriginal and Torres Strait Islander Social Justice Commissioner, Ending family violence and abuse in Aboriginal and Torres Strait Islander communities, HREOC, Sydney, 2006, p5. Social Justice Report 2007 Part 1: Challenges for addressing family violence 9 and abuse in Indigenous communities Definitions of family violence and child abuse Over the years there have been enough reports and inquiries into family violence and abuse in Indigenous communities to fill all the bookshelves of politicians and bureaucrats around the country. In the past eighteen months, for example, the following significant reports have been released: • Ampe Akelyernemane Meke Mekarle ‘Little Children are Sacred’ 2 – Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse; • Breaking the Silence: Creating the Future. Addressing Child Sexual Assault in Aboriginal Communities in New South Wales3 – The report of the NSW Aboriginal Child Sexual Assault Taskforce; and • Ending family violence and abuse in Aboriginal and Torres Strait Islander communities4 – an overview of research and findings of the Human Rights and Equal Opportunity Commission related to family violence and abuse in Indigenous communities. An overview of the major inquiries and reports across all Australian jurisdictions is provided in Appendix 2 of this report. The appendix also provides an overview of the responses of all governments to these reports, including through joint agreement at the Council of Australian Governments (COAG). The term ‘family violence’ is the preferred terminology that identifies the experiences of Indigenous people. It is much broader than the regular definition of ‘domestic violence’ and recognises the complex interaction of different factors that contribute to violence and abuse in Indigenous communities. Previously, I have defined family violence as: any use of force, be it physical or non-physical, which is aimed at controlling another family member or community member and which undermines that person’s well- being. It can be directed towards and individual, family, community or a particular group. Family violence is not limited to physical forms of abuse, and also includes cultural and spiritual abuse. There are interconnecting and trans-generational experiences of violence within Indigenous communities.5 Similarly, my Office has noted that: Indigenous women’s experience of discrimination and violence is bound up in the colour of their skin as well as their gender. The identity of many Indigenous women 2 Anderson, P. and Wild, R., Ampe Akelyernemane Meke Mekarle ‘Little Children are Sacred’ Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, Northern Territory Government, Darwin, 2007. 3 Aboriginal Child Sexual Assault Taskforce, Breaking the Silence: Creating the Future, Addressing child sexual assault in Aboriginal communities in NSW, Attorney General’s Department, Sydney, 2006. 4 Aboriginal and Torres Strait Islander Social Justice Commissioner, Ending family violence and abuse in Aboriginal and Torres Strait Islander communities, HREOC, Sydney, 2006. 5 Aboriginal and Torres Strait Islander Social Justice Commissioner, Ending family violence and abuse in Aboriginal and Torres Strait Islander communities, HREOC, Sydney, 2006, p6. Chapter 2 10 is bound to their experience as Indigenous people. Rather than sharing a common experience of sexism binding them with non-Indigenous women, this may bind them more to their community, including the men of the community. Strategies for addressing family violence in Indigenous communities need to acknowledge that a consequence of this is that an Indigenous woman ‘may be unable or unwilling to fragment their identity by leaving the community, kin, family or partners’ as a solution to the violence.6 Child sexual abuse is one of the most horrific crimes imaginable, but it is not the only form of abuse that occurs. In this report I adopt a broad definition of child abuse. As set out in Text Box 1 below, child abuse includes sexual abuse, physical abuse, emotional abuse and neglect. Text Box 1: Definition of child abuse Sexual abuse: any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards. Physical abuse: any non-accidental physical injury inflicted upon a child by a person having the care of a child. Emotional abuse: any act by a person having the care of a child which results in the child suffering any kind of emotional deprivation or trauma. This includes witnessing family or domestic violence. Neglect: any serious omissions or commissions by a person having the care of a child which, within the bounds of cultural tradition, constitute a failure to provide conditions that are essential for the healthy physical and emotional development of a child.7 Measuring Violence and Abuse in Indigenous Communities Family Violence Measuring family violence in Indigenous communities is notoriously difficult and all data should be treated with caution. The best attempts to establish a statistical picture of family violence are hampered by the low levels of reporting to police. Similarly, when we try and establish how many Indigenous people are involved as offenders in the criminal justice system as a result of family violence we have even greater problems due to the way data is collected. Data is collected on the Indigenous status of the offender and the most serious offence, but not on the relationship of the victim to the offender so we have no way of knowing whether the offence fits the family violence