Behind bars: Much is made of the high incarceration rate of Aborigines compared with their proportion in the population. Photo: Jason South
Unpaid fines or drinking in public should never be a death sentence. Yet, for Indigenous people, this is still the case, a generation on from the Royal Commission into Aboriginal Deaths in Custody.
Twenty-five years ago, the royal commission laid out a path that would address inequality and disadvantage, and end preventable Indigenous deaths in custody.
We didn't follow that path then, but there are real solutions we can put in place – right now – that will make the next quarter of a century more fair and just for Aboriginal and Torres Strait Islander people.
To end unnecessary Indigenous deaths in custody, we must end the over-representation of Indigenous people in custody.
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This means changing laws that disproportionately affect Indigenous people, such as mandatory sentencing in Western Australia and paperless arrest laws in the Northern Territory.
It means Indigenous people having access to culturally appropriate legal services. For example, Indigenous people have not been dying in NSW or ACT police cells since the Custody Notification Service was introduced there.
We need to work with Indigenous communities to address the underlying causes of contact with the justice system: family violence, education, mental health, substance abuse, child protection, poverty, housing.
And governments can do one concrete thing – today – that has been proved to reduce Indigenous people's contact with the justice system: adopt national justice targets.
National justice targets will give federal and state governments a goal to work towards, if they are serious about lowering Indigenous incarceration rates. Justice targets will mean a national reporting card each year, so we can see what strategies are in place, what funds are being allocated, and where progress is being made. They are the best way to keep governments accountable.
We've seen these targets adopted in NT and Victoria, and the ACT has almost halved Indigenous youth detention since adopting targets.
Yet a piecemeal approach isn't enough. We need strong national leadership from Malcolm Turnbull, and no more excuses. These are not "state and territory issues". In Australia, 27 per cent of our prison population is Indigenous – that is a national crisis, and our international shame.
We owe it to the next generation of Indigenous kids to make this right. It is unacceptable that more than half of the youth detention population is Indigenous. Once a kid is in the sinking quicksand that is the justice system, it's difficult to get out, so many of them end up reoffending as adults.
Aboriginal and Torres Strait Islander communities know what works for their kids to break the cycle of incarceration. Amnesty has spoken with many Indigenous-led programs working on preventing and diverting kids from the justice system: the Yiriman Project and Nowanup cultural camps in WA; Mona Horsemanship Program in Mount Isa; Tribal Warrior's boxing program in Redfern. Strength in identity and culture is strength within yourself. What Indigenous-led programs need are funding and support to help young people turn things around.
We know the solutions. If we act now we'll give the next generation of Indigenous kids a chance at a better future – not behind bars but with their communities, strong in their culture, and thriving.
Roxanne Moore is an Indigenous rights campaigner with Amnesty International Australia
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