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Libesman, Terri --- "Government Neglect" [2007] IndigLawB 28; (2007) 6(27) Indigenous Law Bulletin 12

Government Neglect

by Terri Libesman

When Northern Territory (‘NT’) Crown Prosecutor Nannette Rogers raised the issue of sexual violence against Indigenous children on ABC’s Lateline program in May 2006,[1] her ‘revelations’ were responded to with shock and grave concern. The concern, if sincere and if harnessed, does offer the opportunity for a commitment to an effective response. However the issue of child sexual assault, and more broadly of violence in Indigenous communities, has been raised clearly and repeatedly over more than two decades by Indigenous and non-Indigenous people. Indigenous women have been at the forefront in raising the problem and identifying solutions. Why have the recommendations from reports as recent as 2006[2] and as dated as 1988[3] – which address violence and its underlying causes in Indigenous communities – not been implemented?

The characterisation of Indigenous communities as perverted and out of control fuels racist prejudice and reinforces stereotypical and distorted perceptions of Indigenous peoples. In December 2006 I attended a forum discussing a report on child sexual assault in NSW Aboriginal communities.[4] One of the panelists, Social Justice Commissioner Tom Calma, explained in response to a question from the audience that not all Indigenous men are violent. Chairperson of the Secretariat of National Aboriginal and Islander Child Care (‘SNAICC’), Muriel Bamblett, asked in a commentary piece for The Age: ‘Imagine how you would feel if every time you opened the newspaper your culture was denigrated and attacked?’[5]

Violence is acknowledged as an extremely serious problem in some Indigenous communities and a major commitment is required to address the underlying causes. The issues raised in the following article by Judy Atkinson[6] and in those written by Ernest Hunter[7] and Sharon Payne[8] in the same edition are sadly as relevant today as they were in 1990 when they were first published. As Ernest Hunter pointed out, alcohol and other drugs are not the cause of violence, although they often precipitate violence. Drug abuse and violence stem from colonial experiences of violence, neglect and abuse over generations.[9] While there is agreement on the need to address the issue of safety and effective policing in Indigenous communities, this fails, as Judy Atkinson’s article points out, to address the underlying causes of the deep-seated and complex problems faced by many communities.

The Federal Government’s response to the publicity following Nanette Rogers’ disclosures on Lateline, and the subsequent media coverage, offers far too little without an ongoing process or resources to address the underlying issues. The Government’s response was a National Summit where they offered additional policing, alcohol rehabilitation and victim support. This fails to address the longstanding inequality in resources available to Indigenous children compared with non-Indigenous children to prevent and address child abuse and neglect, and more broadly to address the wellbeing of Indigenous children, families and communities. The Government’s package also misses the crucial difference between supporting Indigenous community law and the abuse of customary law when used by violent offenders as a defence against criminal charges. The Government’s package includes the removal of customary law as a mitigating factor in sentencing people convicted of Commonwealth crimes.

We all have a responsibility to insist that Governments respond to the recommendations from the long list of reports that have addressed violence against women and children in Indigenous communities. The longer Governments leave violence in Indigenous communities in the too-hard basket, the harder restitution and resolution of the underlying issues become.

Terri Libesman is a senior lecturer in the Faculty of Law, University of Technology, Sydney (‘UTS’). Terri was an editor of the Aboriginal Law Bulletin from 1988 to 1991.

The article reproduced following this reflection was:

Judy Atkinson, ‘Violence Against Aboriginal Women: Reconstitution of Community Law – The Way Forward’, (1990) 2(46) Aboriginal Law Bulletin 6 (This article can be accessed via <http://www.austlii.edu.au/au/journals/AboriginalLB/1990/40.html> )


[1] ABC Television (reporter: Suzanne Smith), ‘Paper Reveals Sexual Abuse, Violence in NT Indigenous Communities’ Lateline, 15 May 2006, <http://www.abc.net.au/lateline/content/2006/s1639133.htm> at 20 March 2007.

[2] Aboriginal Child Sexual Assault Taskforce, Breaking the Silence; Creating the Future Addressing Child Sexual Assault in Aboriginal Communities in NSW (2006). See <http://www.lawlink.nsw.gov.au/acsat> to access the report.

[3] Queensland Domestic Violence Taskforce, Beyond These Walls: Report of the Queensland Domestic Violence Task Force to the Minister for Family Services and Welfare Housing (1988).

[4] Justice for Kids – Forum on Child Sexual Assault in Aboriginal Communities, NSW Parliament House, 5 December 2006, <http://www.cjrn.unsw.edu.au/news_ & _events/> at 20 March 2007.

[5] Muriel Bamblett, ‘Culture makes us what we are’, The Age (Melbourne), 3 June 2006, 9.

[6] Judy Atkinson, ‘Violence Against Aboriginal Women: Reconstitution of Community Law – the Way Forward’ (1990) 2(46) Aboriginal Law Bulletin 6.

[7] Ernest Hunter, ‘Images of Violence in Aboriginal Australia’ (1990) 2(46) Aboriginal Law Bulletin 12 <http://www.austlii.edu.au/au/AboriginalLB/1990/42.html> at 21 March 2007.

[8] Sharon Payne, ‘Aboriginal Women and the Criminal Justice System’ (1990) 2(46) Aboriginal Law Bulletin, 9 <http://www.austlii.edu.au/au/AboriginalLB/1990/41.html> .

[9] Hunter above n 7.


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