# J U S T JU S T ICE #JustJustice Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples Torres Aboriginal and the over-incarceration of Tackling Tackling the over-incarceration of Aboriginal and Torres Strait SECOND EDITION Islander peoples #JUSTJUSTICE #JUSTJUSTICE Mother Earth Paul Dutton, the artist: Kali (Dingo Totem), Mukwarra (Moiety), Barkindji (mob) - Baaka (of the river - Darling). Striving for Mother Earth. Sharing for Humanity. Separated Stolen Generation, lived Sydney, reunited when 19 years old. Connected to my family, country and Spirits. Long-held belief in Just Justice and Social Inclusion is way forward to unite. Mother Earth provides the story of all living things to which the rhythm of being flows. All existence flows from Mother Earth's spirit, one living being to another, from our creatures to our plants, air, water and beyond to the multitude of planetary universes and their Mother Earth's of spirit. Humanity must learn to re-connect that gift for our own existence and future. We are individuals but communal beings, to live, heal, work, walk and breathe it must be done in unity to reach our 'meaning of life'. ISBN 978-0-9876161-1-1 © 2016 Croakey.org Suggested citation Finlay, S.M., Williams, M., McInerney, M., Sweet, M., Ward, M., (Eds), 2016: #JustJustice: Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples (2nd edition). NSW. Available at: Croakey.org #JustJustice Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples SECOND EDITION #JUSTJUSTICE Acknowledgements We acknowledge the Traditional Owners upon whose country these articles were written and published, as well as Aboriginal and Torres Strait Islander people across Australia whose lives and families continue to be affected by punitive, unjust and culturally unsafe policing and justice systems, as well as a lack of accessible and culturally safe health, legal and community services. We acknowledge the enormous contributions made by many Aboriginal and Torres Strait Islander people and organisations in working for #JustJustice. This publication includes diverse styles and terminology, respecting that contributors have used differing terminology. We caution Aboriginal and Torres Strait Islander readers that this publication may contain images and references to deceased persons, as well as to traumatic events. NOTE: This book is published in both hard copy and e-book format. The hyperlinks (in red text) are of course not functional in the print version, and we apologise for any inconvenience. We encourage you to locate the online, hyperlinked articles if seeking further information from the links. Minor editorial changes have been made in the e-version of this book. This book has been made possible through the generosity of more than 300 donors to the crowdfunding campaign that concluded on 7 June, 2015, and the generosity of two premium sponsors, Jesuit Social Services and Frank Meany of One Vision. In December 2016, Western Sydney University provided a $5,000 grant to enable this second edition of #JustJustice to be produced with some additional stories, and for dissemination strategies. See the full list of donors on page 243. We also acknowledge the dozens of contributing authors and organisations, as listed on page 247. The #JustJustice team is: Summer May Finlay • Dr Megan Williams • Marie McInerney • Melissa Sweet • Mitchell Ward We also thank Luke Pearson, founder of IndigenousX, for social media consultancy for the crowdfunding project. We thank Professor Tom Calma AO and Mr Mick Gooda for their support in launching the project. We also thank and acknowledge Sandy Davies and the Geraldton Regional Aboriginal Medical Service for inviting Croakey to attend the "PRISON HEALTH - From the Inside Out" conference, in Geraldton in 2015, and covering flight and accommodation costs for Marie McInerney. Warm thanks to Karen Wyld and Sally Fitzpatrick for their generous help with the final editing. Read more about the project and the team on page 241. The #JustJustice articles were first published at Croakey.org, a social journalism project for public health. croakey 2 #JustJustice – Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples Foreword In Aboriginal and Torres Strait Islander affairs we are continually exposed to the horrendous statistics of the disadvantage Aboriginal and Torres Strait Islander people experience across the board and of the mainstream media who portray us as a failed peoples. Government Ministers are notorious in talking about failed experiments, cultural museums, lifestyle choices, the high expenditure on Indigenous affairs and our burden on society – all of which generally portrays a negative and deficit viewpoint about Aboriginal and Torres Strait Islander people. Ministers and senior bureaucrats rarely reflect on their role or accept, as numerous independent reports have highlighted, that they are often the key contributors to the state of Indigenous affairs. Their imposed policies and programs that have not been developed in consultation or collaboration with affected persons, their regular restructuring of programs and short-sighted funding arrangements and their lack of engagement with Indigenous peoples’ peak body have significantly contributed to the state of Aboriginal and Torres Strait Islander peoples’ advancement. The blame game has to stop and we must all be active and willing partners in determining the strategies and pathways that must be taken if we are to realise positive and sustainable changes. The first step is to respect and value the contribution of Aboriginal and Torres Strait Islander peoples in the journey. Secondly, we need to develop long term generational plans and strategies and fund them appropriately. Thirdly, they must enjoy multi-party support and they must survive political and ministerial terms to give confidence to the community and to the bureaucrats who are administering the programs. Finally, research and best practices, both domestically and internationally, must influence the way forward. The fantastic collection of ideas recorded in this very important book addresses many of the principles I have cited. When considered in conjunction with Chapter 2 of the Aboriginal and Torres Strait Islander Social Justice Report 2009 and the Senate’s Legal and Constitutional Affairs References Committee’s 2013 Report titled “Value of a justice reinvestment approach to criminal justice in Australia”, we will understand that solutions are within our grasp if politicians have the courage and willingness to embrace them. The unacceptable over-representation of Aboriginal and Torres Strait Islander peoples in juvenile and adult corrections centres in all jurisdictions has given rise to a collaborative social journalism project, #JustJustice, to agitate for change through sharing stories that promote public awareness and action. This book highlights and recognises the foundational work of the many human rights and social justice advocates, be they individuals, communities and organisations, who have the vision and courage required to make a difference and it is now time for politicians and policy makers to join us to address this national crisis. One very important solution would be to implement a justice reinvestment approach. I urge you to read the stories and join us in the fight for a fair and just Australia. Professor Tom Calma AO Justice Reinvestment advocate Chancellor, University of Canberra Read more here. #JustJustice – Tackling the over-incarceration of Aboriginal and Torres Strait Islander peoples 3 Contents Introduction/overview 7 Governments now have a blueprint for action; it’s time to Change the Record Contextual timeline 10 Melissa Sweet ........................................................................ 53 #JustJustice concerns: making global news and hitting the 1. Cultural solutions 13 election trail Melissa Sweet ........................................................................ 55 Andrew Jackomos: Culture is not a ‘perk’ for an Aboriginal child – it is a #JustJustice lifeline New report reveals litany of failures by governments in response Andrew Jackomos .................................................................. 14 to Royal Commission into Aboriginal Deaths in Custody Melissa Sweet and Amnesty International Australia ............... 57 Be the best you can: solutions and hope for Indigenous men, families and communities “330 deaths later: our justice system terrifies me” Megan Williams, Jack Bulman, Brendan Fletcher, Kelly Briggs ............................................................................ 60 Antony Stockdale and Christina Grant .................................... 18 Federal budget fails to deliver for Indigenous health Calling out from country for law reform for #JustJustice (to put it politely) (and wonderful rock art photos) VACCHO, Change the Record, Congress, Oxfam, Melissa Sweet and Clinton Walker ......................................... 21 IAHA, FVPLS ........................................................................... 62 Sharing stories about the importance of safe spaces, Memo to WA Government: how you can help to stop when healing from family violence Aboriginal people dying in custody Clinton, a Gamilaroi psychologist ........................................... 23 Change the Record campaign ................................................. 66 Putting culture and community at the heart of #JustJustice Art project