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Byron Shire
February 9, 2023

Imprisonment of Aboriginal women ‘national crisis’

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Indig-women-reportThe over-imprisonment of Aboriginal and Torres Strait Islander women is a growing national crisis that is being overlooked by all levels of government in Australia, the Human Rights Law Centre and Change the Record have said in a new report.

The imprisonment rate of Aboriginal and Torres Strait Islander women has skyrocketed nearly 250 per cent since the Royal Commission into Aboriginal Deaths in Custody. Aboriginal and Torres Strait Islander women make up around 34 per cent of the female prison population but only 2 per cent of the adult female population.

The report, Over-represented and overlooked: the crisis of Aboriginal and Torres Strait Islander women’s growing over-imprisonment, calls for system-wide change and outlines 18 recommendations to redress racialised and gendered justice system outcomes.

Antoinette Braybrook, co-chair of the Change the Record Coalition and convener of the National Family Violence Prevention Legal Services Forum, said, ‘For too long our women have been ignored by policy-makers. It is time for governments at all levels to put Aboriginal and Torres Strait Islander women experiences and voices front and centre, and listen to what we have to say about the solutions.

‘The report highlights the importance of Aboriginal and Torres Strait Islander women having access to specialist, holistic and culturally safe services and supports that address the underlying causes of imprisonment.

‘Experiences of family violence contribute directly and indirectly to women’s offending. If we are to see women’s offending rates drop, governments must invest in Aboriginal and Torres Strait Islander organisations that work with our women to stop violence.’

Adrianne Walters, director of legal advocacy at the Human Rights Law Centre, said, ‘The tragic and preventable death of Ms Dhu is a devastating example of what happens when the justice system fails Aboriginal and Torres Strait Islander women. Ms Dhu was locked up under draconian laws that see Aboriginal women in WA disproportionately locked up for fines they cannot pay.

‘She was treated inhumanely by police and died in their care. At a time when she most needed help, the justice system punished her.’

The report calls for governments to move away from ‘tough on crime’ approaches in reality and rhetoric, and to focus on evidence-based solutions that tackle drivers of offending and prevent women coming into contact with the justice system in the first place.

Ms Walters said, ‘Over-zealous policing and excessive police powers, driven by tough on crime politics, see too many Aboriginal and Torres Strait Islander women and men fined and locked up for minor offending. Only last month, the WA Coroner recommended the removal of police arrest and detention powers for public drinking after another Aboriginal woman died in police custody.’

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