The over-representation of Indigenous people in Australia's prisons is getting worse. Over-representation of Indigenous youth in the juvenile justice system is a social justice issue which requires a substantial response. 15 Jun 2020 Abstract. Recently, it has been suggested that increased use of diversionary processes could reduce Indigenous over-representation. Indigenous over-representation is the most significant social justice and public policy issue for the Australian and New Zealand criminal justice systems. More is necessary. Database searches show that the use of concepts of systemic bias or systemic discrimination are far more frequent in the Australian literature in discussions of gender, sexuality, hate crime and the law. Report finds Indigenous over-representation in the country’s jails and prisons, likely caused by poverty rates and racism in policing . We discuss how that happens in this chapter. INDIGENOUS OVER-REPRESENTATION. The over-representation of First Nations, Inuit and Métis Nation children in the child welfare system is a humanitarian crisis. The over-representation of Indigenous people in federal custody has reached a new historic high, according to a statement released Tuesday by the Office of the Correctional Investigator. Justice reinvestment is such a response and it is something that I will continue to support in my term as Aboriginal and Torres Strait Islander Social Justice Commissioner. In Manitoba, the problem is even more severe, with over 80 percent of youth incarcerations from the same period being First Nations youth. Reported in this paper are the findings of a project examining the 1990 offender cohorts’ contact with the Queensland juvenile justice system. The Government of Canada has since made progress on … First Nations, Inuit and Métis Nation children make up 7.7% of the population under 15, but represent 52.2% of children in foster care in private homes. The issues that give rise to the over-representation of Indigenous and Black children in the child welfare system are complex and multi-faceted. The specific dimensions of this problem warrant detailed examination. In recent years, the Queensland Police Service (QPS) and Queensland courts have sought to rely on a range of 'diversionary' practices such as youth justice conferencing and cautioning as a response to the alarmingly high rates of over- representation of Indigenous youth in Queensland's criminal justice system. 2 This connection underlines the need to address systemic flaws and break down barriers to both systems simultaneously. Indigenous young people were 15 times as likely as non-Indigenous young people to be under supervision on an average day in 2010-11, down from 16 times as likely in 2006-07. 11 One example of a JR project currently underway is the Maranguka Justice Reinvestment Project at Bourke in NSW that, inter alia, is looking to address issues with breaches of bail, outstanding warrants and unlicensed There has been an even sharper rise in the number of Indigenous … At the Emergency Meeting on Child and Family Services held in January 2018, the Government of Canada committed to six points of action to address the over-representation of Indigenous children and youth in care in Canada. The largest decrease in over-representation was in detention, where the rate ratio dropped from 28 to 24 over the period. The report emphasises that the over-representation of Aboriginal and Torres Strait Islander children in out-of-home care (OOHC) has continued to grow since the release of the first Family Matters report in 2016. In some instances, the language used in these resources reflects that of the relevant educational syllabus as opposed to terms commonly used in . Table 1. Cindy Blackstock, Muriel Bamblett, Carlina Black - Child Abuse & Neglect. Indigenous over-representation in prisons grew under Liberal and Conservative governments before and after the proliferation of mandatory minimum sentences. The memo said all of its individual investigations had uncovered a “concerning trend” in over-policing of Indigenous Australians. THE OVER-REPRESENTATION OF ABORIGINAL PEOPLE IN CUSTODY. Finally, I would like to relate another story from Canada. The other 95 recommendations run over a wide range of fixing the social ills that lead women to be imprisoned, working with the provinces and Indigenous communities to reduce the number of children in child welfare, to better access to legal representation, to better delivery of mental health, and to establishing community courts in communities. For the past few decades, there has been growing publicity about the over-representation of Indigenous and other minority children in our child welfare systems across Canada. Indigenous ontology, international law and the application of the Convention to the over-representation of Indigenous children in out of home care in Canada and Australia. Coupled with the inadequate funding for Indigenous children’s services (Auditor General of Canada, 2011; First Nations Child and Family Caring Society et al. Disproportionate over-representation of Indigenous students in New South Wales government special schools Linda J. Graham Centre for Research on Social Inclusion & School of Education, Macquarie University , Sydney , Australia Correspondence linda.graham@mq.edu.au HOW DISADVANTAGE AND INEQUALITY IS CONTRIBUTING TO . Indigenous women now account for 42 per cent of women in federal custody. Closing the gap on Indigenous over-representation has been identified as a priority and promoted through the National Indigenous Law and Justice Framework and Reducing Offending by Māori Project (SCAG 2009; Yeboah 2000). Zinger said despite the findings of royal commissions and national inquiries, court interventions and political promises, over the last three decades, “no government of any stripe has managed to reverse the trend of Indigenous over-representation in Canadian jails and prisons.” He also referred to an increase in the over-representation of Indigenous children residing in out-of-home care. The over-representation of Indigenous people in the criminal justice system is a large problem in society and reasons as to why this may be occurring need to be examined (Walker & McDonald, 1995; AIC, 2013). Even the United […] An examination of each of these decisions suggests that the way that decisions are made within the justice system discriminates against Aboriginal people at virtually every point. Indigenous over-representation in the criminal justice system. Combatting Over-representation of Indigenous Youth in the Queensland Criminal Justice System through ‘Justice Reinvestment’ goals and which are evidenced based. v Attorney General of Canada, 2016), there is little room to develop and deliver culturally based interventions to stem the dramatic over-representation of Indigenous children in care and in other poor socio-economic indicators. Aboriginal over-representation is the end point of a series of decisions made by those with decision-making power in the justice system. Over-Representation of Indigenous People in the Justice System There exists an undeniable connection between the over-representation of Indigenous children and youth in care and the over-representation of Indigenous people in the justice system. For example, low income, which is one of the inter-generational effects of colonialism, slavery and racism in society, is a major driver of child welfare involvement for Indigenous and Black children. Foreword | Indigenous over-representation in the justice system is a challenge facing Australian society. Youth detention rates have been declining since 1994, with the indigenous rate down by 25 per cent and the non‐indigenous rate down by 44 per cent. The over-representation of Indigenous Australians in prison is one of the most urgent human rights issues facing the country today, according to Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda, as reported by the ABC.. Over-representation. Big Sky bosses at ABC have responded after being criticised by the Global Indigenous Council and the Coushatta Tribe of Louisiana over Indigenous representation Queensland legislation. Similar to other wealthy countries with colonised indigenous populations, Australia's indigenous children, those of Aboriginal and Torres Strait Islander descent, are seriously over‐represented in the child welfare system. Constitutionally, while criminal law is a federal responsibility, the administration of justice is a provincial-territorial responsibility. The over-representation of Aboriginal people in the criminal justice system is a complex and enduring issue. The over‐representation of young indigenous people intensifies at the most punitive end of the system: youth detention (Cunneen, 1997). In 2015, Aboriginal and Torres Strait Islander children were: 6.7 times more likely than non-Indigenous children to be the subject of substantiated reports of abuse or risk of harm, 1 and; 9.5 times more likely than non-Indigenous children to be removed by child protection authorities. The 2015 findings of the Truth and Reconciliation Commission confirmed that the over-representation of Indigenous children in Canadian child welfare systems has reached a crisis level. While Indigenous people for 5 percent of the Canadian population, they accounted for 27 percent of Canada’s prison population from 2016-2017. It remains high, and the conditions that led to the signing of the first AJA remain as valid today as they were in 2000. 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