Self Determination and Aboriginal Imprisonment

• NCJ Number: 194153
• Author(s): Richard Edney
• Date Published: October 2001
• Length: 12 pages
• Sale Source: Australian Institute of Criminology
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis; Conference Material
• Language: English
• Country: Australia
• Note: Paper presented at the Best Practice Interventions in Corrections for Indigenous People Conference, Sydney, Australia, October 8-9, 2001; downloaded February 5, 2002.

Annotation

This paper develops the argument that not only is the current operation of the Australian criminal justice system disadvantageous and destructive to the interests of Indigenous communities, but it cultivates and perpetuates the "otherness" of Indigenous persons.

Abstract

Indigenous imprisonment is part of the political process that has direct historical continuity with the processes of colonization and dispossession and the establishment of colonial Australia as a penal colony. Self-determination has the core premise that it is preferable for Indigenous communities within the postcolonial nation-state to have a high degree of control over their own affairs. The concept of self-determination in the Australian context has been more narrow in practical terms than has been defined under international law, and the prospect of Indigenous communities being able to create a sovereign territory or territories and to exercise true autonomy within the Australian nation-state seems remote. The absence of self-determination in Indigenous communities has had enduring and corrosive effects on these communities, leading to their extensive criminalization. The disproportionate use of imprisonment against Indigenous persons converts their criminal behavior into a political matter. Since the invasion of Australia, punishment has always been the prerogative of non-Indigenous institutions that have not taken into account the pain Indigenous communities have endured. The impact of the non-Indigenous criminal justice system on Indigenous communities has aggravated the social and economic disadvantage of these communities. Imprisonment undermines the human and social capital of those who are incarcerated, along with their families and their communities. This process, in turn, ensures the perpetuation of the criminogenic conditions that fuel the cycle of imprisonment for Indigenous persons. Until Indigenous communities have the resources and the legal structure to pursue self-determination, they will not be able to mold themselves into communities that foster healthy and positive personal development for their residents. 53 references