Indigenous people are shamefully over-policed and the most incarcerated people on earth, making Indigenous justice a priority for the NSWCCL since its inception in 1963. In 1964 NSWCCL supported Aboriginal rights campaigner Ken Brindle in a civil case against a Newtown police officer that saw him win £400 damages plus costs for malicious prosecution. The treatment of our First Nations people remains nothing short of shocking today and reconciliation is an urgent priority for Australia. This group's concerns include over-incarceration and deaths in custody; a treaty with the Indigenous people of NSW and, at a national level, the implementation of the 2017 Uluru Statement from the Heart.
NSWCCL affirms our heartfelt support for the Black Lives Matter movement and its goals in seeking to eradicate systemic racism from our societies. We encourage all our members and those sympathetic to the cause of human rights and civil liberties to likewise support the BLM movement in any way reasonably possible.
NSWCCL has always acknowledged the pervasiveness of institutional racism in Australian society, ever present even 232 years after the brutal colonisation of this continent on racist terms. We strongly support all attempts to remedy this history of injustice and end the systemic disadvantage faced by Aboriginal and Torres Strait Islander peoples. Foremost among the injustices committed against indigenous peoples are those perpetrated by the criminal justice system.
Discrimination and unreasonable violence at the hands of police is an ongoing concern, as the cases of David Dungay Jr and the incident in Surry Hills recently emphasised. There have been 434 indigenous deaths in custody since the 1991 Royal Commission – including the recent death of Tanya Day, which the coroner found to be preventable – and its recommendations have never been fully implemented. To our knowledge, no one has ever been convicted in relation to those deaths. Indigenous peoples are over-policed and over-incarcerated, with adults 15 times more likely to be incarcerated than non-indigenous Australians and juveniles 26 times more likely to be incarcerated. The Australian Bureau of Statistics reported in December 2019 that while Aboriginal and Torres Strait Islander people make up around 3 per cent of the total Australian population, they account for 29% of the total adult prisoner population in Australia.
NSWCCL calls for the implementation of the 1991 Royal Commission recommendations and the recommendations in the Uluru Statement from the Heart as a start in the ongoing struggle to end these shameful outcomes.
In relation to the protests on June 6, 2020, NSWCCL supported the right of people to rally in accordance with the decision of the NSW Court of Appeal authorising the assembly. It seems the protests were orderly and respected the public health imperative while remaining truly powerful. Police and protestor seemed largely to demonstrate appropriate respect and restraint. However, the worrying incident at Central Station involving the pepper spraying on protestors may raise serious questions.
Community anger and distress over the last-minute moves by the government and the police to prohibit the protest rally would not be so strong had it not been for the unexplained inconsistency in official responses. For example, a recent protest in Sydney boasted of thousands of attendees in clear contravention of the Public Health Orders and the government and police reacted very differently. There was also widespread confusion over the inconsistency between the response of the South Australian Government and Police to protests in Adelaide, which was to exempt that protest from the effect of the COVID-19 regulations, and the response in NSW.
We urge all parties to bring their attention to driving systemic changes to achieve much needed justice for Indigenous Australians and continue exercising the restraint called for in a liberal society governed by the rule of law.
In 2018, CCL endorsed the recommendations of the Final Report of the National Constitutional Convention, held at Uluru in 2017. CCL resolved to call on the Australian Government/Parliament to respect and act on the recommendations of the Report and to progress the Uluru Statement From The Heart recommendation for a constitutionally enshrined First Nations a Voice to the Commonwealth Parliament. The Convention also called for the establishment of a ‘Makaratta Commission’ to oversee the process of truthtelling and agreement making, referencing the notion, 'nothing about us, without us'.
CCL also supports extra-constitutional recognition of the unique role played by First Nations communities in Australia. This would be a clear assertion of self-determination, with the potential to profoundly benefit First Nations Peoples.
In late 2019 we founded our First Nations Justice Action Group to plan and guide our work in this space.
CCL joins advocates and community leaders to talk First Nations Justice
Recently, CCL was invited to join a meeting at Australia Hall with advocates and First Nations community leaders to talk about paths forward for recognition of truth, for self-determination, and First Nations justice. Present were representatives from Reconciliation NSW, Change the Record, Australians for Native Title and Reconciliation (ANTaR), Metropolitan Local Aboriginal Land Council, Aboriginal Catholic Ministry and the Jewish Board of Deputies. Also attending were community members who are passionate about progress on justice for Aboriginal and Torres Strait Islander people.Read more
New South Wales Council for Civil Liberties welcomes ALP support for Aboriginal legal aid and justice reinvestment
29 April 2019
The New South Wales Council for Civil Liberties (CCL) has welcomed a pledge by the Australian Labor Party to invest $107 million to address the disproportionate incarceration rates of Aboriginal and Torres Strait Islander peoples.
The announcement by Labor’s shadow Indigenous Affairs spokesperson Pat Dodson and shadow Attorney General Mark Dreyfus includes $44 million in Aboriginal and Torres Strait Islander legal Services, $21.5 million for family violence prevention legal services, $21.75 million for justice reinvestment programs in NSW, Western Australia, Queensland, and the Northern Territory. Labor has also committed to adopting justice targets as part of the Closing the Gap framework.Read more