Page 117 - Week 01 - Wednesday, 8 April 1992

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The royal commission was established in October 1987 to investigate the number of deaths in custody of Aboriginal and Torres Strait Islander people and the lack of satisfactory public explanations of the cause of deaths. The commission investigated the deaths of 99 Aboriginal and Torres Strait Islander people between 1 January 1980 and 31 May 1989. The commission inquired into not only how those people died but also why they died. In doing so, it took into account social, cultural and legal factors which may have had some bearing on those deaths. This investigation revealed that the major cause of the high number of deaths in custody is that the Aboriginal population is grossly over-represented in prison and police cells. The commission's study of police cell custody in August 1988 revealed that the rate of Aboriginal and Torres Strait Islander imprisonment was 29 times that of the general population.

The commission's report tackled the problem of the disproportionate number of Aboriginal people in custody in two ways. Firstly, it dealt with the criminal justice system itself; and, secondly, it dealt with the underlying causes which result in Aboriginal and Torres Strait Islander people coming in contact with that system. The report found that the most significant reasons for the high numbers in custody was the disadvantaged and unequal position of these people in society socially, economically and culturally. The main emphasis of the report is that the elimination of such disadvantage requires the empowerment of Aboriginal and Torres Strait Islander people. They must be returned the control of their lives and their community.

The 339 recommendations of the royal commission deal with areas such as law and justice, education, employment, health, housing, infrastructure and land. The recommendations are aimed at redressing the disadvantages Aboriginal and Torres Strait Islander people have suffered and continue to suffer in our society and at empowering them to determine their own futures.

The governments of Australia have carefully considered these recommendations since the final report was released in April 1991 and, in consultation with the Aboriginal and Torres Strait Islander community, have each developed their responses. In doing so they have given support to the vast majority of the royal commission's recommendations. The tabling of these responses marks a step towards tackling the injustices that have led to such an unacceptable number of Aboriginal and Torres Strait Islander people being placed in custody.

The royal commission's recommendations are highly relevant to this Territory. Aboriginal people remain among the most disadvantaged in our community. Our response is also important for the large number of Aboriginal people who travel to the ACT to use its services and for Australia as a whole in our role as the national capital. It is sometimes felt in Canberra that issues raised by the royal commission are not relevant to us. I have met with representatives of the Aboriginal community several times over the past 12 months and, despite common misconceptions, I know that Aboriginal people living in the ACT face very real difficulties.

They have told me of the frustration they experience when trying to gain access to health care, housing and quality education. In their efforts to gain and maintain a decent standard of living, they face many of the same individual and institutionally entrenched prejudices as Aboriginal and Torres Strait Islander


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