AUSTRALIA'S TREATMENT OF ITS ABORIGINAL PEOPLE
CLICK HERE TO RETURN TO THE START OF THIS SERIES ON AUSTRALIA
**** AUSTRALIA’S TREATMENT OF ITS INDIGENOUS PEOPLE ****
There has been so much debate, and often misunderstanding, concerning the way Australia treats its Aboriginal People, that I thought it a good idea to quote (with kind permission) an authority – Senior Magistrate, Kym Boxall, S.M.- whose article appears in December 2000 edition of “Victims’ Voice”, Volume 21.4, which you may access on the Web at :- http://www.adelaide.net.au/~victimsa/ The Article, which follows, is titled :-
“A COURT WITH BOTH RELEVANCE AND TRADITION –
THE ABORIGINAL COURT”
“I have been dealing with Aboriginal People in courts around the State (South Australia) for 19 years. I still remember the shock of encountering the culture of traditional Aboriginal people in circuit Courts I conducted in the Pitjantjara Lands in the North West of the State from 1983 to 1985. The Court would sit in informal surroundings, often in a shed or under the gum tree. Many members of the Community would gather around watching and showing a great interest in the Court proceedings. I would often have communicated to me the views of the Elders, about the matter in which the Community viewed a particular crime or offender.
It was during those days that I first witnessed young Aboriginal men ‘sniffing’ petrol from tin cans held to their nose. Some of the offences related to young men who had stolen cars and food in order to ‘escape’ from the trauma of initiation ceremonies. It was apparent that their traditional culture had not equipped them well for some of the changes that had occurred in their community,.
However, in some areas, traditional Aboriginal Law would still apply. I became aware that certain offenders appearing before the Court had been speared in the thigh, or ostracized from their Community as a result of traditional punishments. It was a challenge to take these forms of punishment into account in arriving at the sentence of the Court.
The Aboriginal Community tended to resolve problems, including crime, by engaging in group discussions, often over a long period of time, until a solution was agreed upon. It was clear that Aboriginal people found aspects of the Australian legal system difficult to understand and, in particular, they did not respond well to the demands of the formal questioning process required by examination and cross-examination.
It is experiences like these that have lead to the setting up of a specialized Aboriginal or ‘Nunga’ Court at Port Adelaide last year. The purpose of the Court is to provide an environment that will be more relevant to the understanding of Aboriginal people. To that end, the Court sits more informally, with all parties, including the Magistrate, seated at the same level to facilitate direct communication. The Magistrate also sits with an Aboriginal Justice Officer, who has a sound knowledge of the Aboriginal Community and can advise the Magistrate on certain issues. The formal requirements of the law are followed as to pleas and submissions, but a free and open exchange of views and comments are allowed from the defendant, family members and the wider community (this can include victims). That exchange of views about the defendant and his offending is often an intense and salutary experience for a defendant. In particular, because the defendant identifies with being in an Aboriginal Court among his Community, the element of shame is quite significant. The candid expressions of views and opinions often lead to a more satisfactory sentencing package, which can include appropriate community involvement. The process encourages sentencing remarks from the Magistrate that are less couched in formal legal language, and more personal and focused towards the defendant’s level of understanding.
Early results from the Court are quite encouraging. The attendance rate of Aboriginal people at the Court is high, thereby substantially reducing the number of arrest warrants for no-attendance. Whilst no formal studies have yet been carried out, anecdotally it appears the recidivism rate has been appreciably reduced. There has been considerable interest in the Court from interstate and overseas, and plans are well in hand to extend the concept of Murray Bridge and Port Augusta (in the State of South Australia.” ******** By Kym Boxall, S.M. (With kind permission of “Victims’ Voice”, Dec. 2000, Volume 21.4)
Your opinions will be appreciated as we try further to achieve Reconciliation between “Traditional Australians” and their indigenous brothers and sisters.
Please feel free to express your opinion concerning any other topical issue or current event.
HELPFUL INFORMATION ON AUSTRALIAN ABORIGINAL SPIRITUALITY - take time to browse - lots of LINKS.
KOORI WOMEN AND THEIR SPIRITUALITY
BEAUTIFUL PICTURE OF ULURU WHICH HAS A PROFOUND INFLUENCE ON ABORIGINAL SPIRITUALITY
Also, at the above site, on the left of the page, there are many helpful links, but you'll never find them if you keep looking at the picture. Go down the page, below the beautiful scene of Uluru.
From a scientific point of view, you may not believe everything about Australian Aboriginal Spirituality, but, at least we must respect them for what they believe. After all, look at what superstitious concepts are to be found in some "Western" religions. And look at those who put their faith in Astrology. Take a look at what the "Stars have ordained for you today " in some of the women's magazines. If you believe in the stars, Tarot Cards etc., then do not ridicule Australian Aboriginal Spirituality.
At the above site, see what the coming of the Whiteman has done to our indigenous people who find it hard to forget the deliberate campaign of genocide inflicted upon them in the name of the "Crown". In spite of all this, we must endeavour to achieve Reconciliation.
MORE HELPFUL INFORMATION
DO YOU LIVE IN ADELAIDE (City and Suburbs) - AUSTRALIA ?
BUY FROM "ISLANDFRESH.COM.AU" AND HELP SUPPORT
THE ASTHMA FOUNDATION WHO RECEIVE 7.5% OF THE VALUE OF EVERY ORDER YOU PLACE FOR :- Fruit, Vegetables, Fresh Herbs, Bakery, Butchery, Grocery, Dairy Produce, Organic Products, Flowers and Gifts, Water and lots more. With your first order, quote Voucher No. ASA 015 in the Voucher Box at the "Check Out". With your first order, you may have a FREE selection of Bakery Goods worth $12.oo
We deliver fresh food daily to your home or office direct from the market - No deliver charge.
CLICK HERE TO PLACE YOUR ORDER WITH "ISLANDFRESH.COM"
| Australian Churches |
CONTINUATION
 WebSpawner Page Machine |
| WANT TO SET UP A READY-MADE SUPERMARKET - FOR FREE ? |
| OUR FORUM ON LEPROSY |
| OUR INDIAN WIDOWS SUPPORT PROJECT |
| OUR MULTICULTURAL INTERESTS |
| INDEX OF ALL OUR PERSONAL WEBSITES |
Send E-Mail to: keithskilli@ozemail.com.auCopyright © 2000 Keith Skillicorn. All Rights Reserved