Welcome to Eureka Street
Looking for thought provoking articles?Subscribe to Eureka Street and join the conversation.
Passwords must be at least 8 characters, contain upper and lower case letters, and a numeric value.
Eureka Street uses the Stripe payment gateway to process payments. The terms and conditions upon which Stripe processes payments and their privacy policy are available here.
Please note: The 40-day free-trial subscription is a limited time offer and expires 31/3/24. Subscribers will have 40 days of free access to Eureka Street content from the date they subscribe. You can cancel your subscription within that 40-day period without charge. After the 40-day free trial subscription period is over, you will be debited the $90 annual subscription amount. Our terms and conditions of membership still apply.
There are more than 200 results, only the first 200 are displayed here.
The consultations conducted in Indigenous communities under the auspices and with the financial support of the Referendum Council have yielded a constant message that Indigenous Australians want substantive constitutional change and not just symbolic or minimalist change. The question is: How much should we attempt to put in the Constitution now, and how much should we place outside the Constitution, or delay for constitutional inclusion until another day?
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
Political response has been ambivalent at best, and ambivalence sounds a death knell for mainstream engagement by a tentative public. Turnbull pointed out that any claim must be acceptable to the general public to succeed. In the next breath he discussed the success of the 1967 Referendum. This was disingenuous given the political reality of 67, where there was no case presented for a no vote. After the Uluru Statement, it is now not possible to ignore substantive constitutional reform, or treaty.
Next year marks four decades since promulgation of the seminal Declaration of Alma Ata, which declared health to be a fundamental human right and laid the foundations for what are now widely championed as the social determinants of health. Without action on the social determinants, health policy can be a little like that joke about the cyclopean orthopod who, when confronted with a patient suffering fatal internal bleeding, is interested only in fixing their broken leg. So it is with last week's Budget.
The Australian Law Reform Commission inquiry into Indigenous incarceration in Australia recognises and validates widely held concerns. On the other hand, it also represents the abject failure of successive governments around the country to pay heed to what we do know about the incarceration of Aboriginal and Torres Strait Islander Australians, including the failure to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.
The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.
Indigenous workers of previous generations struggled and undertook strike actions so that their descendants would not be exploited and abused in the same way that they had been. While we may have many more Aboriginal people achieving and attracting higher waged work than we did in the years gone by, the exploitation of the most vulnerable in our community continues. The years may have ticked over, but the government's attitude to the value of Indigenous workers has not.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
This is the scandalous state of Indigenous affairs in Australia. Aboriginal and Torres Strait Islander people and their communities literally face a life and death struggle against the state itself. These are not isolated incidents. They represent the intrinsic failure of our society to heed the concerns of communities themselves, and to engage with fellow citizens in a dignified and respectful way. The failure is so grave that state treatment meted out to Indigenous Australians is actively harmful on a large scale.
Oliver Twist is still used to aid understanding of the trauma arising from poverty, and the suffering of children at the hands of individuals and within institutional settings. In broader Australian society we assume Dickensian attitudes to children have evolved. Aligned with the sentiments behind child protection, society's image of children and childhood is idyllic. Yet beneath this veneer lies a substratum of deeply ambivalent, even malevolent, attitudes towards children with a distinctly Dickensian flavour.
The 4 Corners report into the treatment of children in a NT juvenile justice facility is a stark and grotesque demonstration of state abuse of power. As a result John Elferink, NT Corrections Minister, has been sacked, and the Prime Minister has announced a royal commission into the actions at Don Dale. This is a good start, but there is much more to be done. We need to question a culture that willingly imprisons the most vulnerable, and puts up with a system where not all are equal before the law.
133-144 out of 200 results.