No more apologies and broken promises - end this violence against Aboriginal people

Dr Hannah McGlade Published June 9, 2025 at 2.40pm (AWST)

It's over 30 years ago that we as Noongar people took part in a national movement to Stop Black Deaths in Custody, leading to the federal announcement of the Royal Commission into Aboriginal Deaths in Custody.

We know many of the Royal Commission's important recommendations have been ignored to this day and if anything, the situation has gotten worse with increasing introduction of punitive laws that largely impact Aboriginal people and violate UN human rights commitments.

Too many lives have been lost. The lives of First Nations men, women and children, regarded as unimportant by governments.

The lives of Aboriginal people with disability who need support and assistance.

Kumanjayi White was the ninth Aboriginal person to die in custody this year. He was just 24 years-old and living with disability under the guardianship of the state.

We stand in solidarity with the people of Yuendumu who are still waiting for the coroner's findings on the death of Kumanjayi Walker - with evidence of systemic racism in the NT police force.

There must be an independent inquiry, as required under international human rights law. Minister Malarndirri McCarthy has supported this but it's unclear who would conduct such an inquiry. Families wait years for coronial inquests, which often avoid the critical issue of systemic racism underlining deaths.

For too long, little attention has been paid to the shocking situation of Aboriginal people and the justice system, and Aboriginal deaths continue to climb.

The 2018 report of the Australian Law Reform Commission, Pathways to Justice, Addressing Aboriginal Incarceration, made important recommendations for reform, but was largely ignored by the federal government with no progress made, other than a commitment to some justice reinvestment program funding.

It's not enough and the Close the Gap target itself is woefully inadequate, promising to reduce Aboriginal incarceration by 15 per cent.

We know that Australia leads the way in imprisonment of First Nations people.

And the CTG report in parliament this year again showed increasing Aboriginal incarceration as well as child removals and suicide rates.

The federal government has made Aboriginal Economic Empowerment its priority, neglecting Aboriginal justice reforms and the growing crisis of Aboriginal incarceration.

While the Justice Policy Partnership promises to Close the Gap on Incarceration - the states have shown they give it no weight at all passing the most draconian shocking laws we have ever seen and targeting Aboriginal children.

This is the now subject of a current UN complaint to the Committee on the Elimination of Race Discrimination who have written to Australia and sought an urgent response. We argue that this situation evidences systemic racial discrimination in violation of the Treaty which prohibits such discrimination. You can find out more about this complaint, drafted by myself and constitutional lawyer Professor Megan Davis, through the Human Rights Law Centre.

We know that this government has made it clear that it is unconcerned with binding international human rights law, which is unacceptable to right minded people.

The government has also ignored the finding of the report on youth incarceration by the Australian Human Rights Commission 'Help Way Earlier 'which called for the urgent establishment of a national youth justice taskforce.

Our children's lives and futures are lost while these leaders look away interested in policies promoting 'economic empowerment' as if the trickle-down theory ever worked.

As the Greens hold the balance of power in the state and federal governments, they must prioritise systems reforms to address Aboriginal justice and deaths in custody.

We need a national Aboriginal Justice Commission tasked with leading justice reforms based on international human rights law and focussed on implementing outstanding recommendations from two key inquiries, the Royal Commission into Deaths in Custody and ALRC Pathways to Justice report. Also, to ensure that all deaths in custody are promptly investigated by an impartial and independent body. It could also include Aboriginal justice leaders elected directly from the community.

No more apologies and broken promises.

No more token policies that fail to deliver.

End this violence against Aboriginal people.

Rest in Peace Kumanjayi White and our deepest sympathy to his Yuendumu family and community.

Dr Hannah McGlade is a Kurin Minang human rights expert, law academic and member of the United Nations Permanent Forum on Indigenous Issues. This speech was delivered at the Boorloo rally for justice on Sunday, 9 June 2025.

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