Friday, 27 October 2006
Customary law report will help build a bridge of knowledge between black and white people
Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma has welcomed today"s release of the Western Australian Law Reform Commission Report on Aboriginal Customary Laws, saying it would help to build a bridge of knowledge between black and white people by explaining the interaction between Aboriginal customary law and the WA legal system.
Speaking at the launch, Commissioner Calma said: "This comprehensive report will help to educate key institutions of our society - the judiciary, the bureaucracy, the parliament and others - about customary law, and how it plays and exerts a powerful and positive influence in communities where it is practiced. The report demonstrates how customary law is relevant to almost every area of legal regulation - be it the civil, family or criminal justice system."
"It is only through the kind of in-depth and evidence-based research included in this report that Aboriginal and Torres Strait Islander peoples can advocate for recognition of our systems of law within the Australian law."
Mr Calma welcomed the report"s recommendation of the establishment of an independent Indigenous Commission that would monitor the implementation of the report, evaluate its progress and contribute Indigenous perspectives to policy in WA.
"The establishment of the Office of the Commissioner for Indigenous Affairs would provide a voice for Indigenous peoples in WA in policy making and implementation. It would mean that there will be prominence given to Indigenous views in decision making about Indigenous issues and that Indigenous voices are heard to correct the perception that family violence and abuse is somehow condoned through Aboriginal customary law," Commissioner Calma said.
"Traditional western approaches to law and order have not made inroads into addressing Indigenous over-involvement in the criminal justice system; indeed systemic discrimination occurring within western legal systems has exacerbated the problems. It is a misconception to believe that justice can be delivered without Indigenous engagement, participation and representation."
Commissioner Calma said a legal system must reflect the people it serves if it is to gain their confidence.
"We need to be assured through transparent processes and structures, that in its day-to-day operation, the legal system understands and respects our cultures, our heritage, and our histories," Mr Calma said.
"Greater importance needs to be given to criminal justice reforms, particularly community justice procedures, sentencing options and alternative methods of dispute resolution.
"The maintenance and integration of Aboriginal customary law is an essential part of taking charge of our own destinies. This report is a positive step to make this happen."
The Report on Aboriginal Customary Laws is available at www.lrc.justice.wa.gov.au
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated January 31, 2008 .
