View previous stories
	Indigenous people make up 3% of population, but represent 30% of jail inmates by Bev Manton, Larissa Behrendt NSW Aboriginal Land Council & agencies Australia   Indigenous people make up 3% of population, but represent 30% of jail inmates, by Bev Manton.   It’s 20 years since release of the Royal Commission into Aboriginal Deaths in Custody but there are more Aboriginal and Torres Strait Islander people in prison now than in 1991.   Aboriginal and Torres Strait Islander people die in custody in disproportionate numbers because they were in custody in disproportionate numbers. Aboriginal and Torres Strait Islander people make up a quarter of the prison population compared to 14 per cent back then.   Resources need to be directed into proven alternatives. Justice reinvestment is a criminal justice approach that diverts funds spent on imprisonment to local communities.   Money that would have been spent on imprisonment is reinvested in programs and services that address the underlying causes of crime in communities.   One hundred and sixty-five Aboriginal and Torres Strait Islander people have died in custody since the Royal Commission. Almost one-in-five deaths in custody are of an Aboriginal or Torres Strait Islander prisoner.   The New South Wales Aboriginal Land Council says it is unacceptables that most of the recommendations from the Royal Commission into Aboriginal Deaths in Custody still have not been acted on.   Land council chairwoman Bev Manton says two decades on there is still an alarmingly high rate of incaceration across the country, with 30 per cent of prisoners being Aboriginal.   Ms Manton has urged Prime Minister Julia Gillard to urgently revisit the Royal Commission"s recommendations.   "I think that she needs to review the current situation, look at the recommendations that were left out, that were never implemented, and take a closer look at what can be done," Ms Manton said.   "Research shows that criminal behaviour among Aboriginal people continues to be stronly linked with poverty, lack of education and high unemployment."   Ms Manton says it is an appalling fact that Indigenous people who make up around three per cent of the population, represent 30 per cent of jail inmates.   "So we need to look at what is causing more Aboriginal people to be locked up. Because it"s certainly not Aboriginal people commiting more crimes, because the crime statistics are down. So there"s something else going on."   "And it has to be racially based for Aboriginal people to have higher incarceration rates than any other people in this country," said Ms Manton.   Aboriginal youth jailing rates are even higher.   April 2011   Deaths in custody still haunt indigenous communities, by Larissa Behrendt. (Sydney Morning Herald)   The over-representation of indigenous people in the criminal justice system has been a challenge for policy makers and a source of advocacy and concern for many, particularly the indigenous community themselves. Today marks the 20th anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody.   The commission was triggered by a series of deaths in police custody and prison in circumstances that raised concern among the families and the communities of those who died. A key finding of the commission that investigated 99 deaths was that, although indigenous people were dying at the same rate as non-indigenous people in custody, the over-representation of indigenous people in the criminal justice system led to a higher percentage of deaths.   The 99 cases gave the commission broad sets of circumstances through which to focus its 333 recommendations and not surprisingly they were extensive. They covered recommendations targeting police practices, prison procedures and the judicial process. More broadly it considered the need for better training among health professionals and within the broader education system. It made particular recommendations about the impact of poverty as a factor in criminality and the legacy of the policy of removing indigenous children from their families, given a large percentage of deaths investigated involved such family background.   Since the commission, 269 deaths have occurred in custody, an average of about one a month and the percentage of indigenous people in the criminal justice system continues to grow. At the time of the commission, over-representation of indigenous people in the criminal justice system was at 14 per cent. It is now 26 per cent of the total prison population. The numbers for indigenous women (29 per cent) and juveniles are even higher. There will be inevitable reflection on why this is so on this anniversary of the report. And while the simple answer is that the recommendations that set out a comprehensive framework for reform have not been followed, the issue deserves more nuanced analysis.   It is possible to point to areas where there have been significant cultural changes in the past 20 years. A concerted effort has been made through various bodies responsible for judicial education to ensure a greater understanding of the complexity of the issues that are coming before the courts. Evidence of the eventual success of this cultural shift in judicial attitudes is perhaps seen in recent research by Dr Samantha Jeffries and Dr Christine Bond at the Queensland University of Technology. It shows that the situation that existed at the time of the commission, where indigenous people would get harsher sentences than non-indigenous offenders for the same crime, seems to have changed in some jurisdictions to sentences being about on par.   There continue to be cases that will highlight particular instances where — like the recent case of the killing of Aboriginal ranger Kwementyaye Ryder in Alice Springs — indigenous families and communities feel aggrieved by the judicial process.   Another improvement within the criminal justice system has been the employment of more indigenous staff in courts and prisons but, perhaps even more profoundly important, has been the exploration of alternative forms of community-based sentencing. Examples of this include courts where elders from indigenous communities sit with magistrates throughout the criminal process, such as the Koori courts in Victoria and circle sentencing models that have been employed in the ACT and parts of NSW.   But these significant areas of gain have failed to fundamentally shift the entrenched problems of over-representation. While indigenous people remain statistically the poorest sector of the community – compounded by the inevitable lower levels of education and employment that are a part of the poverty cycle – poverty-based crime will continue to be an issue. One sobering figure that underscores the broader implications of this statistic is that, according to Australians for Native Title and Reconciliation (ANTaR), the recidivism rate for indigenous offenders is 66 per cent (much higher for juveniles) and the retention rates through high school are 46.5 per cent. Indigenous people return to prison more frequently than indigenous students stay in school.   And the other barrier in the system to reducing over-representation of indigenous people is the inevitable incompatibility between that goal and tough law-and-order campaigns, for instance laws introduced in NSW that toughen the criteria in which bail can be given. A large number of the indigenous people are in jail today because they were deemed ineligible for bail. Requirements about permanent addresses disadvantage homeless and transient populations – and young people whose homes are not safe places for them to be. Another significant factor is the non-payment of fines, a consequence of too-few sentencing options for members of the judiciary, especially outside of the major cities.   But the real frustration for many indigenous people is the continuing number of deaths in custody that occur in circumstances that fuel suspicion within indigenous communities such as the death on Palm Island of Cameron Mulrunji Doomadgee in 2004. This is a matter of justice not just being done but being seen to be done.   The Royal Commission carefully documented the deep history that Aboriginal communities have with police. It acknowledged that this was a complex relationship and that many, particularly new recruits to the police force, were unaware of how deep those tensions ran, particularly in rural communities.   The commission still provides a blueprint for much of what could be done to improve the entrenched problem of over-representation of indigenous people in the criminal justice system. A review of what has been implemented, what hasn''t, what is working and what isn''t would be a fitting follow-up on this landmark anniversary. It is also time to tackle the issue of investigating deaths in custody with more transparency and less appearance of bias. But serious consideration also needs to be given to forming an independent statutory authority responsible for investigating allegations of assault or death against any person – black or white – in custody. It needs to have investigative powers and consequences for officers who refuse to assist. This is not a new concept and it has worked successfully in other countries.   The Police Ombudsman Northern Ireland has been described as the ''golden standard'' in investigations. The procedure includes being at the scene of a crime within an hour, interviewing all civilian and police witnesses and using independent scientists and medical experts. It is a way of ensuring all deaths in custody are investigated in a way that avoids the perception of conflict of interest. Moreover, it gives the families and communities of people who die in custody some confidence that the process is impartial — and would also be a real force for change.   * Professor Larissa Behrendt is the chair of Indigenous Research at the University of Technology, Sydney. Her current research program includes a project with the NSW Attorney-General''s Department investigating factors that explain differences in crime rates in different indigenous communities.   Deaths in custody: overview of trends, 1980-2006. (Australian Institute of Criminology)   The National Deaths in Custody Program (NDICP) is responsible for monitoring the extent and nature of deaths in police, prison and juvenile custody. Since 1980, there has been a total of 1,879 deaths in custody - 1,161 in prison custody, 701 in police custody (and custody-related operations) and 17 in juvenile custody (Joudo & Curnow 2008). As prison deaths account for most deaths in custody, trends in prison deaths will be reflected in overall deaths. Between 1980 and 2006, three trends have emerged in the total number of deaths in custody recorded each year. From 1980 to 1986, the trend remained relatively stable with small fluctuations. This was followed by a steady increase from 1989 to 1997. The third trend, evident from 1997 onwards, indicated a decline in the number of deaths in custody. These trends reflect the statistically significant changes over time in prison custody deaths.   2010: Overall deaths in custody have been generally decreasing since 2000, although there has been a rise in total deaths since 2006.. Indigenous deaths in both prison and police custody have been decreasing for the past decade; while non-Indigenous deaths have generally been declining, but have been on the rise since 2006.   There remain some concerning issues. Recent rises in total deaths, and particularly those in prison custody, are a matter for concern. However, it should be noted that when comparing these recent rises in total deaths with previous years, they remain lower than recorded numbers in the late 1990s and the early part of this decade.   Indigenous people, remain significantly over-represented in all forms of custody compared with the non-Indigenous Australian population. This indicates the need for continued efforts to ‘close the gap’ in Indigenous disadvantage, particularly with regard to contact with the criminal justice system. Indigenous people comprise less than 2.5 percent of the total Australian population but account for over a quarter (28%) of young people in juvenile detention, one-third (33%) of people involved in police custody incidents and almost one-quarter (24%) of the total prison population.   It should also be noted that greater proportions of Indigenous prisoners die of natural causes at younger ages than non-Indigenous prisoners, which is likely to be associated with the recognised gap in health outcomes for the Indigenous population generally. Visit the related web page
	UNHCR calls on States to uphold principles of rescue-at-sea by UNHCR / IOM & agencies   June 2011   UN urges probe into reports of refugees left to drown off North Africa. (UN News)   The United Nations Human Rights Council today called for a comprehensive inquiry into allegations that sinking boats carrying migrants and asylum-seekers fleeing unrest in North Africa were abandoned to their fate at sea despite the alleged ability of ships in the vicinity to rescue them.   There have been several reports in recent months of refugees fleeing from Libya in overloaded or mechanically unsound boats drowning in the Mediterranean Sea. Early last month the UN High Commissioner for Refugees (UNHCR) reported that nearly 600 people may have drowned when a boat broke up off the coast of Libya.   In a resolution adopted by the UN Human Rights Council in Geneva, the body expressed sadness over the death at sea of hundreds of people, mostly Africans, and cited accounts of survivors and family members who have stated that more than 1,200 others remain unaccounted for.   The Council voiced alarm that after having been compelled to make dangerous journeys, including in crowded and unsafe boats, the would-be migrants are subjected to life-threatening exclusion, detention, rejection and xenophobia.   It noted that despite efforts by countries of destination on the northern shores of the Mediterranean Sea to host migrants and asylum-seekers fleeing from North Africa, the burden of problem fell disproportionately on neighbouring North African countries.   The Council “reaffirms the need to respect the humanitarian principle of non-refoulement from territorial waters and lands for the thousands of people fleeing the events in the North African region,” according to the resolution, sponsored by Nigeria.   It stressed that, “in a spirit of solidarity and burden-sharing, countries of destination should deal with the arrival of thousands of migrants and asylum-seekers in non-seaworthy boats in a humane way and in compliance with their international obligations.”   UNHCR calls on States to uphold principles of rescue-at-sea and burden sharing.(UNHCR)   In light of the massive loss of life in the Mediterranean this week in a refugee boat capsizing, UNHCR is calling on the European Union (EU) to urgently put into place more reliable and effective mechanisms for rescue-at-sea. More than 220 Somali, Eritrean and Ivorian refugees drowned when their boat capsized some 39 nautical miles south of the Italian island of Lampedusa. This is the worst such incident in the Mediterranean in recent years.   "It is hard to comprehend that at a time when tens of thousands are fleeing the Libyan conflict and pouring across the land borders into Tunisia and Egypt where they enjoy safety and receive shelter and aid, the protection of people fleeing via Libya"s maritime border does not appear to have the same priority" said Assistant High Commissioner for Protection Erika Feller.   So far more than 450,000 people have crossed from Libya into neighbouring Tunisia, Egypt, Niger, Algeria, Chad, Sudan, Italy and Malta. However, many more are trapped by the conflict in Libya. The seas in front of the Libyan coastline are among the busiest in the Mediterranean. In addition, there are now large numbers of military and other vessels in this area.   "A longstanding tradition of saving lives at sea may be at risk if it becomes an issue of contention between states as to who rescues whom. That is why we urgently need a more operational and better functioning search and rescue mechanism," said Feller. "We also appeal to shipmasters to continue to render assistance to those in distress at sea. Any overcrowded boat leaving Libya these days should be considered to be in distress."   Within the EU, Italy and Malta are the two states which have borne the brunt of the displacement and migration prompted by events in northern Africa and are likely to see more arrivals. In light of possible new arrivals from Libya of people who may be in need of international protection UNHCR is calling for active consideration of concrete responsibility and burden sharing measures particularly among EU member countries.   Apr 2011 (IOM)   Italy - More than 250 migrants are feared dead after a boat carrying some 300 people sank in the early hours of the morning, some 40 miles off the island of Lampedusa.   Forty seven survivors were rescued at sea by the Italian Coast Guard and three by a local Italian fishing boat.   The vessel, which was laden beyond capacity, had left the Libyan coast with migrants and asylum seekers from Somalia, Nigeria, Bangladesh, Cote d"Ivoire, Chad and Sudan. Some 40 women and 5 children were on board. Only two women survived the shipwreck.   The survivors were transferred to Lampedusa. They told IOM officers who are providing them with first aid and counselling that the boat sank in rough seas.   They say that when rescuers arrived, the boat was already sinking. Survivors managed to swim towards the approaching Coast Guard ship. Many drowned because they couldn"t swim or were dragged down by desperate fellow passengers.   "The survivors are all in a state of shock," says IOM"s Simona Moscarelli. “One man told me he had lost his one year old son. One of the two surviving women told me how she had lost her husband."   The migrants have been transferred to the Loran base, a facility where the Italian authorities are sheltering migrants coming from Libya, in order not to mix them with the migrants arriving from Tunisia.   Since the beginning of February, the island of Lampedusa has been overwhelmed by the arrival of more than 20,000 migrants. The majority of them are Tunisian coming from the Tunisian port of Zarzis, Djerba and Sfax. Over the past ten days, more than 2,000 mostly African migrants and asylum seekers have landed on the island after having sailed from the Libyan coast.   Since 2006, IOM has been providing assistance to migrants in Lampedusa as part of a project funded by the Italian Government. IOM works alongside UNCHR, Save the Children and Italian Red Cross to monitor reception assistance and to provide legal counseling to migrants who have arrived on the island. Visit the related web page
	View more stories