Women in custody is everyone’s business

 

Shocking statistics revealing the high number of Aboriginal and Torres Strait Islander women in prison have been highlighted in a recent Human Rights Law Centre and Change the Record report. It outlines that since the Royal Commission into Aboriginal Deaths in Custody released its findings in 1991, the number of Aboriginal and Torres Strait Islander women incarcerated has increased by 248%.

Part of the problem with these types of reports is that they are focused on the process of ‘law reform’ rather than dealing with the primary causes of Indigenous disempowerment — which is ultimately poverty and disadvantage. Until we change the paradigm in which Indigenous people exist in our society, we are going to see the same problems persist.

The report suggests an increase in violent offending by Indigenous women is a factor in the rise in the imprisonment rate, but this is a consequence of the disempowerment, disadvantage and prejudice Indigenous women face — not the cause.

One of the reasons Indigenous women are much more likely to be incarcerated than non-Indigenous women is the high rate of physical and sexual violence inflicted on them. Between 70%–90% of Indigenous women in prison are survivors of physical and sexual violence.

Addressing the cycle of poverty, dysfunction and trauma that exists in many Indigenous communities is imperative if Australia wants to put a stop to the ongoing rise in Indigenous women’s incarceration. We cannot risk being complacent about these appalling statistics.  It is not just women who experience the repercussions: 80% of these women in prison are mothers and every moment spent in custody has a devastating impact on their children, who often end up in the child protection system.

 For those women working at the coalface, the report’s findings come as no surprise.

Debbie Kilroy, CEO of Sisters Inside has been battling for years to try and address the number of Indigenous women entering custody, but according to her “no one has been interested.”  The Queensland-based program — which she started with a group of women while they were in custody together — provides support to Indigenous women in prison and post-release to try and reduce the rates of imprisonment and recidivism.

She believes prisons do not help address the reason women end up in jail, and argues: “how do you rehabilitate someone living in poverty? The prison won’t do that. It’s rubbish to say that, because how do you rehabilitate someone out of poverty in prison? You are re-traumatising them.”

While some women are jailed for serious offences, the way the criminal justice system is set up is  prejudicial towards Indigenous people, as there is an over-policing of minor offences (such as non-payment of fines) and a paternalist approach when it comes to dealing with Indigenous people (such as placing them in custody for their ‘protection’).

The report’s push for reforms does not address the factors that contribute to the high incarceration rates. For instance, there is no point making changes to the Bail Act if the government will not address the issues of homelessness. Many young Indigenous people are kept in jail on remand because there is no suitable accommodation to release them to.

To make headway on Closing the Gaps in Indigenous outcomes, women’s vital role in ‘holding up half the sky’ and supporting their family and communities needs to be acknowledged and fostered. The ‘Half the Sky’ movement is internationally recognised and highlights how far behind we are on addressing issues of poverty and development in Australia. We need to acknowledge and understand the integral role women play in supporting and empowering communities as primary change-makers that should be invested in. Invest in a mother and you invest in her children.

According to Ms Kilroy, changing the paradigm is about valuing Indigenous women. Many Indigenous women are “criminalized because of who they are” and the way in which our society deals with victims of physical and sexual assault. Women are told they need to take measures to prevent danger and risks to themselves, rather than society looking at ways to prevent perpetrators from being violent.

Although the majority of Indigenous women will never come into contact with the criminal justice system, the ones who do are those whose lives are marred by acute disadvantage. The cycle of disadvantage, trauma, poverty and the perpetuation of gendered and cultural discrimination converges for Indigenous women. It therefore is not surprising they become victims of this cycle.

Shocking statistics like these latest incarceration rates for Indigenous women have plagued the face of Indigenous affairs for years. The fact there is so little data available on Indigenous women and that this situation has been allowed to endure, is reflective of the position they hold in our society. We need to engender a greater understanding of Indigenous women’s lives and how destructive it is for generations of children when their mothers enter custody. It is time real attention was paid to understanding the genesis of the statistics by addressing issues such as violence and homelessness. Having large number of women in custody affects everyone.

Heidi Kiekebosch-Fitt is a Policy Analyst in Indigenous Affairs at the Centre for Independent Studies, and a solicitor with a background in criminal law.