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Redress is not compensation. It is about acknowledging the harm caused and supporting people who have experienced child sexual abuse in an institution to move forward positively in the way that is best for them.
Alarm at supposed youth gangs in Australia is not new. But the current response to claimed Sudanese gangs has a fresh and disturbing aspect: the attack by politicians and their media allies on judges and magistrates for lenient sentences and the granting of bail. Such attacks have harmful consequences.
In this time of austerity I am pleased and proud that Our Glorious Leader has decided to curtail the luxuries which we had formerly enjoyed ... for our own good, of course. I refer, of course, to our rapidly diminishing pool of civil liberties.
As the news came through that the man who had run down young Elijah Doughty in Kalgoorlie last year had escaped a manslaughter conviction and instead had been sentenced for three years for the charge of reckless driving causing death, I saw Aboriginal community members dissolve. Many expressed grief for Elijah's family and community. Others set about highlighting how there is rarely any justice in this system for Aboriginal people.
Ludlam's departure means that the Senate has now had three senators, including Bob Day, the Family First leader, from South Australia, and Rod Culleton of the One Nation Party, who was also from Western Australia, declared ineligible to sit in the Parliament in the 12 months since the last election. One is an accident but three is an epidemic. This is a disturbing turn of events.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
Three years ago I began my research Masters into clerical sexual misconduct involving adults (CSMIA). I have now completed that study. It revealed highly relevant and crucial information towards the understanding of CSMIA. One conclusion based on my and other studies is that three major aspects need to be included in any discussion of CSMIA, in order to reach a fuller understanding of how CSMIA is able to occur, how it is interpreted, how it affects people's lives, and how it is dealt with.
Having a sense of something as right or wrong, good or bad, is the essence of humanity. We get it from home, from education, religion, friends, the media. It's the sniff test or the pub test or the gut feeling or the Bible or Quran or Torah. We all have it. And just as people have a sense of right and wrong, we also have a very good humbug detector, and it's clanging loudly when politicians unctuously claim all their 'stop the boats' strategies are driven by desire to prevent drownings at sea.
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.
Last year I sat in the offices of one of the judges of the International Criminal Court as we spoke about the possibility of ecocide law becoming an international crime against humanity. An international law against ecocide at its simplest is the criminalisation of mass destruction of the environment due to human action. At that time I heard that the obstacles were not legal, but political. Last week the ICC announced it may hold corporate executives and governments legally responsible for environmental crimes.
In the savage wars of the Balkans during the 1990s, the identification of good sides over bad meant evil had to be singularised, culprits found to galvanise resistance. One such figure was Serbian president Slobodan Milosevic. His death in a Hague cell in March 2006 had the effect of suspending arguments about responsibility from any legal scrutiny. Earlier this month, British journalist Neil Clark suggested he had in fact been exonerated for his role in war crimes and crimes against humanity. He's wrong.
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.
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