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The Forum > Article Comments > When jail looks like a lifestyle option > Comments

When jail looks like a lifestyle option : Comments

By Jennifer Clarke, published 19/7/2006

The 'abolition' of 'customary law' will do little to reduce violent Aboriginal crime.

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“The causes of crime among Aboriginal people are the same as the causes of crime in ghettos of disadvantaged people the world over.”

Hardly new and certainly not profound. So, get aborigines out of the ghettos and give them a chance of doing something for themselves as everyone else has to.

The author’s reference to Macquarie Fields could be said to be valid, but Snowtown? The postcode book shows only one Snowtown, the place in SA of bodies in the barrels infamy. Nothing to do with the residents of the town, who would be really pleased to have their town compared with aboriginal camps. Zero marks for Ms. Clarke there.

Loss of credibility for Ms. Clarke again when she tries to compare white crime in rural areas; she admits not knowing much about non-aboriginal crime there, and advises that not many non-aboriginals live in the country anyway.

Then there is the ‘fact’ that home is so bad for some aborigines that “jail looks like a lifestyle option.” She hasn’t heard of aboriginal deaths in custody apparently and the reputed horror incarceration has for aborigines.

“Rural decline” has nothing to do with aboriginal communities. People living in ‘declining’ country towns still manage to have decent lives, and to trying to compare the plight of aborigines with such people is nonsense, as is Clarke’s comparison of middle class white children with Ipods with poor aboriginal children living in camps.

If Jennifer Clarke teaches the same stuff at ANU as she has written here, there is definitely no hope now, or in the future, for any change in the aboriginal situation
Posted by Leigh, Wednesday, 19 July 2006 11:51:09 AM
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unlike leigh,

i feel you make a very valid point regarding the levels of non aboriginal crime in rural areas.

not all white kids in the bush have 4wd farm owning parents. the majority of non indigenous people in rural areas live in an urban-suburban environment. The claim that hardly any white people live in rural areas is wrong.

Non aboriginal youth living within similar circumstances as that of aboriginal people (eg Gordon Estate Dubbo, Southside Inverell) can have very similar obstacles and disadvantages as that of aboriginal people, and therefore black, white or brindle you live with lack of opportunity, you also can be susceptable to being caught up in criminal activity.

back to the point, custmary law should never have replaced normal law, as all people in this country must live with the same rights and responsibilities, and face the same remedies if they encounter the law.

Customary laws and obligations will be there and will exist regardless if they are recognised or not. It should not be an alternate as they may be at odds to the expectation of wider society in some cases, merely an extra obligation and extra reason not to commit crimes.

Leigh was a bit harsh on you, best of luck your heart is in the right place
Posted by Realist, Wednesday, 19 July 2006 2:21:32 PM
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Here Here Realist, I agree usually with Leigh however in this instance I am unable to.
Aboriginal deaths in custody has nothing to do with what is going on with young MURRIS as they call themselves in this neck of the woods. Straight out boredom, crap home life and sit down money are the most likely culprits of why jail becomes a lifestyle option. Its a sad thing but its more of a rite of passage now days. Still its better than petrol sniffing.

The white gate keepers and there ilk should just leave the poor bastards alone, dont need no religion, dont need your law and the ones who still live semi bush life shouldnt need money or 4wd or anything else.

Beware white lady they might have liked your company 15 years back but the next generation hate your guts.

Just came back from the Torres Strait, is the most racist place Ive ever been.
Posted by SCOTTY, Wednesday, 19 July 2006 7:39:07 PM
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In my humble opinion,

The state needs to protect children from sexual predators no matter what their race. If the culture of the man permits this behaviour than that culture needs to change, similarly if the culture is sexist, etc... it needs to change

Western culture has undergone a social revolution in the past half century which I believe is for the better. Our culture used to be similiar (to Aboriginal culture) in that it was chauvanistic.

Culture is something which changes all the time and the regressive parts should not be held onto too strongly. I believe that the right of a women to choose who she wants to live with (for example) is a universal right irrespective of culture.

I don't know alot about Aboriginal customary law. If it works then fine as long as it upholds universal values.

On a side note, I reckon crime in Aboriginal communities would be reduced with more policing. I mean imagine the crime rate in Sydney if there were no police.
Posted by Ace, Thursday, 20 July 2006 1:16:31 AM
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Some aspects of aboriginal custom are unlawful, according to non-Aboriginal law. Truancy, for example, is often the consequence of traditional education (dreaming).

Non-aboriginal laws require that aboriginal education must occur outside of the dreaming, in an artificial environment, in the language of the oppressor and in the context of becoming better Australians by becoming less aboriginal.

Traditional education is invalidated by compulsory attendance requirements. Any resistance feels the full force of non-Aboriginal law, which in remote aboriginal communities forms the frontline of non-aboriginal Australia’s intolerance to Aboriginal self-determination.

Imagine if Australia were overthrown by invading hoards and survivors were required to adopt the language and customs of the oppressor or face severe penalties. Never being able to conceal the fact that they are not only racially distinct, but also despised, there would remain a loyalist, defiant resistance.

If this hypothetical resistance was Caucasian and the oppressor was not, would there be a greater degree of contemporary sympathy?

Australian jails are over-represented by aboriginal political prisoners and young men are honoured to be incarcerated into such respectable company.
Posted by Neil Hewett, Thursday, 20 July 2006 9:35:21 AM
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What is "traditional education", Neil? To learn that somehow the rocks, watercourses and other features of the natural environment around you were created by "ancestral beings"? The trouble is that these "beings" never, ever existed. It isn't racist to say this - just a mere statement of FACT.

Let's face it, Neil - the Dreaming is dead and no amount of moaning and groaning is going to bring it back. As for having to learn the language of the oppressor, I can't speak or write Scots Gaelic which many of my ancestors no doubt did but I'm not losing any sleep over it.

It's time to smell modernity Neil and stop being an advocate of archaic systems which are of absolutely no help to Aboriginal people in the 21st Century.
Posted by EnerGee, Thursday, 20 July 2006 9:56:35 AM
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