The Dark Side
Of Australia's
Palm Island
By Andrew Boe
17 March, 2005
Countercurrents.org
Tensions
between police and locals continue to run high on the troubled indigenous
settlement, 65km east of Townsville, Queensland, Australia following
last November's death in custody of Cameron (Mulrunji) Doomadgee.
Government institutions
and judicial systems have had to deal with this isolated Aboriginal
community, and it has been difficult. Mistakes have been made. There
have been some significant casualties. A Minister for Aboriginal &
Torres Strait Islander policy has resigned following Crime & Misconduct
Commission (CMC) findings of dishonesty concerning airfares
for a visit to the island. The Premier referred his own conduct
pre-empting public allegations of blackmail against him - at his meeting
with the local council, to the CMC as well. That investigation is still
proceeding. Last week, the State Coroner stood down from the coronial
inquiry following issues being raised about his past involvement in
investigations into police while he was a CMC officer and his social
contact with lawyers during the inquest. The inquest will start again
later this month, but it has stalled as disagreements have arisen amongst
the parties about its course and ambit. The Police Commissioner has
also become embroiled He has been censured over his public endorsement
of one of the police officers said to be involved in the arrest of the
man who later died. The Deputy State Coroner is yet to decide what to
do with this prima facie contempt of the inquest. Things will get more
complicated when the committal proceedings (the start of the criminal
process) get under way in April. Then there will be an opportunity to
examine whether the alleged riot was an understandable expression
of distress and frustration over the death in police custody or merely
a violent attack on police buildings by a lawless mob. Finally, the
bail conditions which banish many of the charged men from the island
have been examined by the Court of Appeal. In removing this banishment
condition in respect of one of the men, the Court of Appeal observed:
apart from actual imprisonment, it is difficult to imagine a more
onerous bail condition.
Meanwhile, nothing
positive has been done for Palm Island other than the opening of a new
$5.5M centre currently being operated by the Police & Citizens Youth
Association.
The inquest, bail
applications and criminal proceedings have become the focal points for
examination of the differences of perspective of the police interests
and that of the local Aboriginal community on Palm Island. But we should
not allow this to obscure the governments responsibilities to
this community.
This paints a grim
picture of the challenges that lie ahead in this engagement, for those
involved in Palm Island, on all sides including politicians and those
representing the various interests about the island and its future.
But these events and the associated difficulties shouldnt be regarded
as unrelated coincidences. Instead, they show how much care needs to
be taken from this point by those involved with Palm Island in these
different ways.
We should start
by taking a clean lens beginning with a proper regard for the history
of this State Government settlement. While its convenient
and comfortable to view the living conditions on Palm Island as due
to the communitys limitations, it ignores the reality.
Some of the bare
statistics provide a sense of the institutional and systematic disregard
endured by this community. A Department of Public Works Director-Generals
briefing note records that in an 8 month period in 2003, there were
16 youth suicides and 8 domestic murders on the island. The community
of 3500 indigenous people is squeezed into about 220 houses, averaging
17 people to a house. The rates of violence - in particular alcohol
fuelled conduct - are said to be disproportionately high. The unemployment
rate on the island is said to be around 95%.
If one then looks
at the history of the island, one can see that this settlement was set
up, managed and left to flounder whilst the adjoining islands
and surrounding areas, including Townsville, have prospered. From the
beginning, the management of Palm Island has been flawed.
It was a place to which Aboriginal people were sent as a form of punishment.
It was built as an open prison and run with authoritarian rule. This
has left scars on generation after generation. No-one could seriously
dispute that. The treatment of Aboriginal people on the island should
attract international censure. The history of Palm Island is a raw example
of the failings of government policy in respect of Aboriginal people.
An apology is pointless; what we need now is a genuine undertaking to
right those wrongs.
There is no utility
in sinking into debate about the history of Palm Island. The third world
conditions on the island, just a short flight from the prosperity in
Townsville and the opulence on Orpheus and Dunk islands is enough reason
to want to take some fresh ideas into the situation. Something is very
wrong on Palm Island and it is our collective responsibility to do something
about it.
Whats difficult
is to assess what needs to be done to start the repair of the social
and living conditions in this community. Palm Island is a litmus test
for our political and judicial systems and how effectively they can
work in this framework. From my brief engagement with the Premier and
some of his advisers, I think there is a preparedness in his government
to do something; but his advisers and ministers have not thought enough
about what the priorities are and how to go about achieving them. Not
many people within government understand how to communicate with this
community. It has taken my firm several months of constant involvement
with them to start to be able to do so. The present tragedy is that
the governments lack of communication skills and inability to
develop trust is only matched by their hubris and certainty. We have
an Opposition which seems even less concerned and committed to helping
indigenous communities; that only makes this government apply less energy
and commitment. Many of the bureaucrats involved waste their energy
in finger-pointing at issues or at personalities to try to explain the
debacle. There is no use in criticising those who have failed so far.
The mistakes are obvious and easy to identify.
Since December
2004 my firm has provided legal assistance and representation to the
council in its dealings with government and at the inquest into the
death in custody. We have also successfully challenged the banishment
condition that was imposed on one of the men charged with involvement
in the riot. Government agencies have refused to fund or support the
provision of my firms assistance to the council. We decided that
we would not charge any fees for this assistance. The Premier, using
the cowards castle that parliamentary privilege provides,
has called me and others in my firm leeches to the community,
a pack of thugs and hangers on who would best
assist the community if we left the island.[1] Those insults
are untrue, so it is not hard for me to ignore them. The Law Society
and Bar Association as well as some others have given the firm professional
support for its position. But the attack on the community and the council
in the same breath is reprehensible. Surely Aboriginal people are entitled
to assert their legal rights in relation to government action. They
are entitled to disagree with government policy and they are not dysfunctional
merely because they do. So, despite discomfort to the Beattie government,
we will continue to assist the council and the community whilst we are
welcomed by them to do so and while we can see that our assistance is
worthwhile and sustainable. This is an example of the wasted energy
that politics generate. Palm Island has had to endure far greater insults
from this and other governments than this recent verbal assault, but
the public are entitled to expect and should demand more from a sophisticated
government.
As to the bigger
picture, the solution lies, I think, in approaching Palm Island with
a generous hand, mindful of the current circumstances and limitations,
remembering the recent past and being honest about what is needed to
bring about the necessary changes. Non-Aboriginal Australia has a big
responsibility. As indigenous issues are not on the sympathy radar in
Australia at the moment, the challenge for government is to lead discussion
of its responsibilities, even if it is unpopular. There is a sense within
the general community that we have given enough
already to indigenous people. We need our politicians to show leadership
to correct that misunderstanding and meet this responsibility.
There are a few
other matters which are fundamental in working towards solutions with
the Palm Island community.
Firstly, everyone
involved needs to understand that the communication lines between this
community and the rest of Australia are distorted by mistrust and miscommunication.
The historical explains the mistrust. Miscommunication between non-Aboriginal
people and those that use Aboriginal English is very well documented.[2]
Whilst some of the same words are used, there is clearly a different
language spoken on the island and there are different cultural practices:
time has a different meaning; respect is important and disrespect is
acutely noticed.
Those seeking to
judge life in this community should try to picture what it must be like
to live and grow up in an environment of stark poverty. Ironically,
children grow up in a backyard of extraordinary natural beauty: postcard
perfect beaches, abundant fishing, a jetty which is both a stage for
the acrobatic skill of children at high tide and a place of respite
from domestic calamities at night. However, at adolescence all innocence
is ripped away. The effects of a ruined culture manifest themselves
in a sense of hopelessness; and some are debilitated by adolescent alcohol
abuse. Youth disillusionment and self destruction is evident. The housing
conditions are simply appalling in some areas, and third world in most.
It is superficial and unintelligent to see this state of affairs as
the fault of the people on the island. The Premier blustered in parliament
that these people should get off their backsides and work.
It was an irresponsible statement designed to revive the Hanson myth
that Aboriginal people are inherently lazy. However its unfairness is
obvious when you look a little closer at the lack of opportunities on
Palm Island. The framework in which people live on the island would
be foreign to most of us. Children in a community where hardly any of
their parents or relatives have had the chance of a job are not likely
to find mainstream educational curricula relevant. There is little to
which these children can aspire.
Moreover, the rest
of us have the opportunity to get ahead by owning property. Mortgages
support many small businesses including my own law practice. However,
private ownership of land on the island is not lawful. The statutory
framework that was placed on the island in 1986 by the Bjelke-Petersen
government effectively extinguished native title rights
as the Mabo decision subsequently defined them. In any event, all bar
one of the traditional owners had been moved off the island decades
earlier when the settlement was first set up. The present community
is comprised of the descendants of displaced persons from communities
throughout the State; people whose parents and grandparents were brought
to the island for punishment. The land upon which they all live is held
by the local council under a deed of grant in trust which requires the
use of land to be limited for the benefit of the Aboriginal inhabitants.
There is no economic base that can be used to spawn local business or
private industry.
This history has
created a uniquely tragic situation. The Palm Island community is connected
by familial tentacles to almost every other indigenous community in
the State, and its circumstances are a symbol of oppression for many
indigenous people. This community has had to integrate politically across
family lines, and to a large extent they have done so. The elected council
is comprised of representatives from the larger family groups on the
island and has operated cohesively despite the current problems. The
council has been able to make important decisions unanimously given
proper time and process. This sometimes takes time.
Only once this
framework is understood is it remotely possible to start devising the
changes needed to help this community to function and deal
with government on an equal level. While the Royal Commission into Aboriginal
Deaths in Custody (1993) and the more recent Cape York Justice Study
(2001) are instructive about indigenous issues generally, government
involvement with Palm Island will not work if they try to apply a template
approach of what they think has worked with other black communities.
In my view a specific independent process of inquiry is needed.
Second, any engagement
with Palm Island should respect the cultural mores and practices of
the community. It can be challenging to empathise with and respect the
cultural traditions of indigenous peoples. What might be quaint to our
eye - such as a smoking ceremony to remove the spirits of man who died
in custody - is in fact a visceral part of a community of people whose
various language and ritual practices were prohibited when they were
brought to the island. We have got to get over offering respect to spirituality
or rituals only where they fall within Judeo-Christian tradition or
perhaps sporting folklore. A community deprived of material wealth may
well turn to its faith. The Aboriginal spirituality which has developed
and which has accommodated Christian missions - is important
to this community. Their customs and practices survived statutory prohibitions
in the last century as well as the cynicism of many non-Aboriginal people
who have had some dealings with the community. The communitys
respect for the man who died, concern about how he died, and how the
community deals with the underlying issues surrounding the death is
something that has not received proper respect from the non-Aboriginal
community. Until that respect is shown very little will be achieved.
Thirdly, we should
accept that we, as a society, are quite capable of being racist - if
not in our hearts and minds, then certainly in our systemic and institutional
actions. It is mostly a passive and almost lazy racism veiled as indifference
and inaction. Aboriginal communities such as Palm Island are entitled
to our collective generosity. Their plight may not be as a result of
a tsunami, but a significant toll has been inflicted by waves of generational
disregard by successive governments from both sides of the white political
fence that we have elected and tolerated. A community with these appalling
statistics and attributes is likely to be guarded in its attitude to
the white community; and cynical about promises made but not kept, and
the disregard shown towards their tragedies.
We cant leave
these issues to the government to resolve alone. We as individuals should
walk a little of our own talk. Palm Island needs committed and skilled
professionals across all service areas. Housing needs to be developed
to meet immediate need as well as fostering the regeneration of the
communitys social structures. Medical intervention is required
to meet the communitys particular health needs. Social services
and education professionals have to devise curricula which address the
local needs and which acknowledge the local conditions. It is a traumatised
community straining under poverty and many need counselling. Ethical
private investment is also needed. A privately operated bakery training
and employing local people would both invest and profit in the community.
A fishing co-operative would feed and support the community. There are
some symbols of hope on the island horizon. Individual teachers, nurses,
doctors and police officers acting with decency have had and continue
to have a profound effect. But the race divide has to be bridged. The
absence of white faces at the funeral of the man who died in police
custody was a haunting indicator of this divide.
I have kept my observations
general. But the challenge is clear. If the Beattie government wants
to improve the lives of indigenous people who live on Palm Island then
the bullying and know it all approach that has been adopted
to date should be abandoned. It just wont work. If, as the Premier
has repeatedly stated, the Palm Island community and its council are
dysfunctional, then it is not too difficult to see how it
became so and who caused it. Rather than public abuse, Beattie should
appoint a skilled mediator to work through this dysfunction. The political
slogans of partnership will only work if it is a trusting
and equal engagement. The Palm Island community needs compassion and
understanding, not dictatorial aggression and public slanging unfairly
using the governments power advantage. The state and federal governments
should not see the injection of public funds as acts of undeserved generosity,
but as the due discharge of an obligation that it has built up over
decades of disregard.
Equality before
the law does not mean that all people are given the same
treatment.[3] If you treat situations with vastly different realities
in the same way, you will cause injustice to some. It is not enough
to treat the Palm Island community the same as other communities. There
are unique issues. The community needs extraordinary and specific measures
to fix the deficiencies in public infrastructure and housing. For the
Beattie government and the newly appointed indigenous affairs Minister
and Parliamentary Secretary its time to start walking the
(governments) talk. Enough of the crocodile tears for
the children; what is needed is a little respect and integrity
and some basic decency in this engagement. Given the political stubbornness
of Mr Beattie and his run of faux pas this seems unlikely. The irony
may well be that it will take a conservative federal government to lead
the way.
Andrew Boe
is a Brisbane based lawyer whose firm has been assisting and advising
the Palm Island Aboriginal Council in its engagement with the Queensland
Government since December 2004. The firm also appeared for one Palm
Islander, John Clumpoint in his successful bid to remove bail conditions
that banished him from returning to his family and work on Palm Island
- Clumpoint v DPP (2005) QCA 43 - and are also appearing for the council
at the inquest into the death of the man who died in police custody.
The work has been conducted together with the assistance of several
barristers, including Bret Walker SC, Elizabeth Fullerton SC and Sarah
Pritchard all from the NSW Bar and all on a pro bono (free) basis. He
can be reached at [email protected]