when we try to fix something we assume it was once working right so has the
it was once working right so has the
it was once working right so has the criminal justice system in Australia
criminal justice system in Australia
criminal justice system in Australia ever treated all children fairly and if
ever treated all children fairly and if
ever treated all children fairly and if not can it be fixed I’m a proud normal
not can it be fixed I’m a proud normal
not can it be fixed I’m a proud normal woman and indigenous rights campaigner
woman and indigenous rights campaigner
woman and indigenous rights campaigner for Amnesty International I begin by
for Amnesty International I begin by
for Amnesty International I begin by acknowledging the traditional custodians
acknowledging the traditional custodians
acknowledging the traditional custodians of the land on which we meet the gadigal
of the land on which we meet the gadigal
of the land on which we meet the gadigal people and pay my respects to elder’s
people and pay my respects to elder’s
people and pay my respects to elder’s past present and those yet to come
past present and those yet to come
past present and those yet to come this always was and always will be
this always was and always will be
this always was and always will be Aboriginal land so to understand this
Aboriginal land so to understand this
Aboriginal land so to understand this question let’s go back to the beginning
question let’s go back to the beginning
question let’s go back to the beginning childhood
childhood
childhood this is a photo of me and my sister when
this is a photo of me and my sister when
this is a photo of me and my sister when I was about 10 we were always often our
I was about 10 we were always often our
I was about 10 we were always often our bikes exploring the ocean and the bush
bikes exploring the ocean and the bush
bikes exploring the ocean and the bush just free to be kids and of course I
just free to be kids and of course I
just free to be kids and of course I made mistakes and got in trouble but I
made mistakes and got in trouble but I
made mistakes and got in trouble but I never would have thought the prison was
never would have thought the prison was
never would have thought the prison was a possibility but if this audience were
a possibility but if this audience were
a possibility but if this audience were all of the kids in prison in Australia
all of the kids in prison in Australia
all of the kids in prison in Australia today over half of you would be
today over half of you would be
today over half of you would be Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander kids even though our kids only make up a
kids even though our kids only make up a
kids even though our kids only make up a tiny fraction of those under 17 years
tiny fraction of those under 17 years
tiny fraction of those under 17 years old and this is even worse for
old and this is even worse for
old and this is even worse for indigenous girls so to understand why
indigenous girls so to understand why
indigenous girls so to understand why let’s go back to our past when the
let’s go back to our past when the
let’s go back to our past when the British arrived the first Aboriginal and
British arrived the first Aboriginal and
British arrived the first Aboriginal and Torres Strait Islander prisoners were
Torres Strait Islander prisoners were
Torres Strait Islander prisoners were prisoners of war in the frontier wars
prisoners of war in the frontier wars
prisoners of war in the frontier wars and they were captives that is if they
and they were captives that is if they
and they were captives that is if they weren’t killed and this moved to an idea
weren’t killed and this moved to an idea
weren’t killed and this moved to an idea of protection and that’s when the
of protection and that’s when the
of protection and that’s when the colonizers started building prison
colonizers started building prison
colonizers started building prison because protection involved controlling
because protection involved controlling
because protection involved controlling every aspect of indigenous people’s
every aspect of indigenous people’s
every aspect of indigenous people’s lives and this had criminal consequences
lives and this had criminal consequences
lives and this had criminal consequences let me give you an example this is an
let me give you an example this is an
let me give you an example this is an early prison in Western Australia around
early prison in Western Australia around
early prison in Western Australia around 1890 they earned the chains around their
1890 they earned the chains around their
1890 they earned the chains around their necks from offenses like stop killing
necks from offenses like stop killing
necks from offenses like stop killing you could get two or three years per
you could get two or three years per
you could get two or three years per sheep that was killed and there were
sheep that was killed and there were
sheep that was killed and there were prisoners well under the age of 16 years
prisoners well under the age of 16 years
prisoners well under the age of 16 years for absconded from employment so from
for absconded from employment so from
for absconded from employment so from running from the farms where they’re
running from the farms where they’re
running from the farms where they’re enslaved to work
enslaved to work
enslaved to work and police were moving Aboriginal people
and police were moving Aboriginal people
and police were moving Aboriginal people off their land into settlements they
off their land into settlements they
off their land into settlements they were handing out rations they were the
were handing out rations they were the
were handing out rations they were the ones monitoring illegal marriages
ones monitoring illegal marriages
ones monitoring illegal marriages between Aboriginal and non-indigenous
between Aboriginal and non-indigenous
between Aboriginal and non-indigenous people police were taking children from
people police were taking children from
people police were taking children from families intermissions
families intermissions
families intermissions like my own great-grandmother as part of
like my own great-grandmother as part of
like my own great-grandmother as part of the Stolen Generations and when the
the Stolen Generations and when the
the Stolen Generations and when the courts were set up Aboriginal people
courts were set up Aboriginal people
courts were set up Aboriginal people couldn’t testify because they weren’t
couldn’t testify because they weren’t
couldn’t testify because they weren’t Christian and they couldn’t understand
Christian and they couldn’t understand
Christian and they couldn’t understand proceedings because it was in English so
proceedings because it was in English so
proceedings because it was in English so it wasn’t very fair and it led to harsh
it wasn’t very fair and it led to harsh
it wasn’t very fair and it led to harsh sentencing from non-indigenous juries
sentencing from non-indigenous juries
sentencing from non-indigenous juries this was the beginning of so-called
this was the beginning of so-called
this was the beginning of so-called youth justice in Australia now they
youth justice in Australia now they
youth justice in Australia now they abandoned that idea of protection and
abandoned that idea of protection and
abandoned that idea of protection and Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander people moved back into the towns and
people moved back into the towns and
people moved back into the towns and cities and this is when imprisonment
cities and this is when imprisonment
cities and this is when imprisonment skyrocketed from 1% to one-third
skyrocketed from 1% to one-third
skyrocketed from 1% to one-third imprisonment became the new segregation
imprisonment became the new segregation
imprisonment became the new segregation and because our people are so over
and because our people are so over
and because our people are so over imprisoned too many of us have died in
imprisoned too many of us have died in
imprisoned too many of us have died in custody from police or other prison of
custody from police or other prison of
custody from police or other prison of brutality from lack of medical treatment
brutality from lack of medical treatment
brutality from lack of medical treatment or from taking their own lives fast
or from taking their own lives fast
or from taking their own lives fast forward to today in the Northern
forward to today in the Northern
forward to today in the Northern Territory a child hooded strapped to a
Territory a child hooded strapped to a
Territory a child hooded strapped to a chair children gassed in Queensland dogs
chair children gassed in Queensland dogs
chair children gassed in Queensland dogs used to intimidate children hogtied and
used to intimidate children hogtied and
used to intimidate children hogtied and sedated in Western Australia a girl
sedated in Western Australia a girl
sedated in Western Australia a girl found drench in her own urine after 72
found drench in her own urine after 72
found drench in her own urine after 72 hours of solitary confinement in
hours of solitary confinement in
hours of solitary confinement in Victoria a child’s neck fractured in
Victoria a child’s neck fractured in
Victoria a child’s neck fractured in Canberra allegations of racial verbal
Canberra allegations of racial verbal
Canberra allegations of racial verbal abuse and physical violence alarming
abuse and physical violence alarming
abuse and physical violence alarming rates of disability and self-harm in
rates of disability and self-harm in
rates of disability and self-harm in prisons this is how we treat our
prisons this is how we treat our
prisons this is how we treat our children today and it is a national
children today and it is a national
children today and it is a national tragedy is it any wonder from where
tragedy is it any wonder from where
tragedy is it any wonder from where we’ve come from to where we are today
we’ve come from to where we are today
we’ve come from to where we are today as my colleague and Paolo elder Rani
as my colleague and Paolo elder Rani
as my colleague and Paolo elder Rani Dillon said to me
Dillon said to me
Dillon said to me children today do not have the chains
children today do not have the chains
children today do not have the chains around their necks but they do around
around their necks but they do around
around their necks but they do around their ankles and because they are 25
their ankles and because they are 25
their ankles and because they are 25 times more likely to be those kids in
times more likely to be those kids in
times more likely to be those kids in prison we can’t escape that this is
prison we can’t escape that this is
prison we can’t escape that this is mostly happening to Aboriginal and
mostly happening to Aboriginal and
mostly happening to Aboriginal and Torres Strait Islander kids now it’s got
Torres Strait Islander kids now it’s got
Torres Strait Islander kids now it’s got to do with disadvantage as well because
to do with disadvantage as well because
to do with disadvantage as well because indigenous kids are more likely to be
indigenous kids are more likely to be
indigenous kids are more likely to be removed from their families they’re more
removed from their families they’re more
removed from their families they’re more likely to have disability or mental
likely to have disability or mental
likely to have disability or mental health or other health issues which in
health or other health issues which in
health or other health issues which in turn mean that they’re more likely to go
turn mean that they’re more likely to go
turn mean that they’re more likely to go to prison so indigenous girls for
to prison so indigenous girls for
to prison so indigenous girls for example in prison most of them are are
example in prison most of them are are
example in prison most of them are are themselves victims of violence and keeps
themselves victims of violence and keeps
themselves victims of violence and keeps it being locked up mostly for offenses
it being locked up mostly for offenses
it being locked up mostly for offenses like theft public order offences traffic
like theft public order offences traffic
like theft public order offences traffic offences in some cases for stealing a
offences in some cases for stealing a
offences in some cases for stealing a chocolate frog or being charged with
chocolate frog or being charged with
chocolate frog or being charged with stealing bread but we have to look at
stealing bread but we have to look at
stealing bread but we have to look at the police and the courts as well
the police and the courts as well
the police and the courts as well because police are far less likely to
because police are far less likely to
because police are far less likely to caution an Aboriginal child but they’re
caution an Aboriginal child but they’re
caution an Aboriginal child but they’re far more likely to charge them and
far more likely to charge them and
far more likely to charge them and courts are more likely to sentence an
courts are more likely to sentence an
courts are more likely to sentence an Aboriginal child but indigenous kids are
Aboriginal child but indigenous kids are
Aboriginal child but indigenous kids are less likely to have access to a lawyer
less likely to have access to a lawyer
less likely to have access to a lawyer so youth justice or injustice system and
so youth justice or injustice system and
so youth justice or injustice system and can you ever really read a system like
can you ever really read a system like
can you ever really read a system like this of the racism and inequality that
this of the racism and inequality that
this of the racism and inequality that it was built on what if we didn’t try to
it was built on what if we didn’t try to
it was built on what if we didn’t try to fix it what if we tried a different
fix it what if we tried a different
fix it what if we tried a different approach now I’ve spent time as a
approach now I’ve spent time as a
approach now I’ve spent time as a Fulbright Scholar considering this
Fulbright Scholar considering this
Fulbright Scholar considering this question of racial injustice over in the
question of racial injustice over in the
question of racial injustice over in the United States but it was only when I
United States but it was only when I
United States but it was only when I came back to Australia and sat down with
came back to Australia and sat down with
came back to Australia and sat down with Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander communities around the country in this
communities around the country in this
communities around the country in this work for Amnesty International that the
work for Amnesty International that the
work for Amnesty International that the answers suddenly became clear because
answers suddenly became clear because
answers suddenly became clear because for this seemingly impossible problem we
for this seemingly impossible problem we
for this seemingly impossible problem we can learn from an old way a time before
can learn from an old way a time before
can learn from an old way a time before prisons from indigenous people this is
prisons from indigenous people this is
prisons from indigenous people this is Angela and David salmon cofounders of
Angela and David salmon cofounders of
Angela and David salmon cofounders of Mona aboriginal corporation
Mona aboriginal corporation
Mona aboriginal corporation I spent time with them in their cultural
I spent time with them in their cultural
I spent time with them in their cultural horsemanship program now this is just
horsemanship program now this is just
horsemanship program now this is just outside of Mount either in Queensland
outside of Mount either in Queensland
outside of Mount either in Queensland and here they bring children together
and here they bring children together
and here they bring children together with community mentors and connects them
with community mentors and connects them
with community mentors and connects them back with the land and with culture and
back with the land and with culture and
back with the land and with culture and they instill in them confidence from
they instill in them confidence from
they instill in them confidence from cooking to cleaning to education to how
cooking to cleaning to education to how
cooking to cleaning to education to how to handle and train a horse they help
to handle and train a horse they help
to handle and train a horse they help them with trauma from people who
them with trauma from people who
them with trauma from people who understand and we sat around the
understand and we sat around the
understand and we sat around the campfire and we yond with elders some
campfire and we yond with elders some
campfire and we yond with elders some who’d grown up there right on country
who’d grown up there right on country
who’d grown up there right on country and the kids just loved it they told me
and the kids just loved it they told me
and the kids just loved it they told me how the program helped them how they
how the program helped them how they
how the program helped them how they felt free route out on the land and the
felt free route out on the land and the
felt free route out on the land and the program got rave reviews from the local
program got rave reviews from the local
program got rave reviews from the local primary schools principals of the town
primary schools principals of the town
primary schools principals of the town Angela says she just wants to see her
Angela says she just wants to see her
Angela says she just wants to see her kids walking with their heads held high
now over to Burke in New South Wales
now over to Burke in New South Wales hear there’s been steady progress with
hear there’s been steady progress with
hear there’s been steady progress with the Mara Norco justice reinvestment
the Mara Norco justice reinvestment
the Mara Norco justice reinvestment project led by the community there where
project led by the community there where
project led by the community there where they’re getting everyone around the
they’re getting everyone around the
they’re getting everyone around the table so police teachers judges and
table so police teachers judges and
table so police teachers judges and they’re all looking at how they can take
they’re all looking at how they can take
they’re all looking at how they can take that money that was spent on locking
that money that was spent on locking
that money that was spent on locking kids up which as we’ve seen is harmful
kids up which as we’ve seen is harmful
kids up which as we’ve seen is harmful and it doesn’t stop crime and put that
and it doesn’t stop crime and put that
and it doesn’t stop crime and put that back into the community to help families
back into the community to help families
back into the community to help families and kids be stronger happier healthier
and kids be stronger happier healthier
and kids be stronger happier healthier and the same idea of justice
and the same idea of justice
and the same idea of justice reinvestment in the u.s. has seen the
reinvestment in the u.s. has seen the
reinvestment in the u.s. has seen the closure of numerous prisons in places
closure of numerous prisons in places
closure of numerous prisons in places like Texas now that young Aboriginal
like Texas now that young Aboriginal
like Texas now that young Aboriginal fellow you saw earlier in the hood
fellow you saw earlier in the hood
fellow you saw earlier in the hood strapped to the chair Dylan voila him
strapped to the chair Dylan voila him
strapped to the chair Dylan voila him and I traveled to Canberra together
and I traveled to Canberra together
and I traveled to Canberra together recently and I heard him speak to
recently and I heard him speak to
recently and I heard him speak to politicians about the power of the
politicians about the power of the
politicians about the power of the Aboriginal run program bush mob in Alice
Aboriginal run program bush mob in Alice
Aboriginal run program bush mob in Alice Springs where he was bailed to in his
Springs where he was bailed to in his
Springs where he was bailed to in his words it’s this program that is the
words it’s this program that is the
words it’s this program that is the reason that he’s still out of prison
reason that he’s still out of prison
reason that he’s still out of prison today this is a young fella who has seen
today this is a young fella who has seen
today this is a young fella who has seen the worst of the system been in it since
the worst of the system been in it since
the worst of the system been in it since he was very young and yet has become a
he was very young and yet has become a
he was very young and yet has become a strong advocate on youth justice issues
strong advocate on youth justice issues
strong advocate on youth justice issues he wants it to be made available to more
he wants it to be made available to more
he wants it to be made available to more children
children
children now these programs exist right around
now these programs exist right around
now these programs exist right around the country and they work but they
the country and they work but they
the country and they work but they struggle to get funding and support
struggle to get funding and support
struggle to get funding and support they’re often run by elders and
they’re often run by elders and
they’re often run by elders and community members out of the love of
community members out of the love of
community members out of the love of their hearts there’s no national
their hearts there’s no national
their hearts there’s no national leadership for this change even though
leadership for this change even though
leadership for this change even though this is clearly an australia-wide shame
this is clearly an australia-wide shame
this is clearly an australia-wide shame so we find ourselves at a crossroads we
so we find ourselves at a crossroads we
so we find ourselves at a crossroads we can continue down this path where we
can continue down this path where we
can continue down this path where we lock up and abuse generations of
lock up and abuse generations of
lock up and abuse generations of indigenous kids in a system that has
indigenous kids in a system that has
indigenous kids in a system that has never treated them fairly chains around
never treated them fairly chains around
never treated them fairly chains around their ankles history repeating itself or
their ankles history repeating itself or
their ankles history repeating itself or we can take a different path one towards
we can take a different path one towards
we can take a different path one towards creating future leaders by supporting
creating future leaders by supporting
creating future leaders by supporting communities look it’s not going to fix
communities look it’s not going to fix
communities look it’s not going to fix discrimination but it will stop
discrimination but it will stop
discrimination but it will stop Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander children from getting stuck in this
children from getting stuck in this
children from getting stuck in this youth injustice system and it will help
youth injustice system and it will help
youth injustice system and it will help them out of the quicksand of it if when
them out of the quicksand of it if when
them out of the quicksand of it if when they’re stuck in it because it is like a
they’re stuck in it because it is like a
they’re stuck in it because it is like a quicksand once you’re in it’s very hard
quicksand once you’re in it’s very hard
quicksand once you’re in it’s very hard to get out and most children return as
to get out and most children return as
to get out and most children return as adults so if we believe that Aboriginal
adults so if we believe that Aboriginal
adults so if we believe that Aboriginal and Torres Strait Islander children
and Torres Strait Islander children
and Torres Strait Islander children deserve to grow up in their communities
deserve to grow up in their communities
deserve to grow up in their communities not behind bars
not behind bars
not behind bars then we owe it to the next generation to
then we owe it to the next generation to
then we owe it to the next generation to call out our political leaders for a
call out our political leaders for a
call out our political leaders for a national overhaul of this youth
national overhaul of this youth
national overhaul of this youth injustice system for a better way a way
injustice system for a better way a way
injustice system for a better way a way with indigenous communities and their
with indigenous communities and their
with indigenous communities and their answers at the center for a future where
answers at the center for a future where
answers at the center for a future where Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander
Aboriginal and Torres Strait Islander kids are no longer shackled by our past
kids are no longer shackled by our past
kids are no longer shackled by our past but we’re like all other children they
but we’re like all other children they
but we’re like all other children they can be free to be kids thank you
can be free to be kids thank you
can be free to be kids thank you [Applause]
”
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