Karen Iles, lawyer and founder of the Make Police Investigate Campaign, has called for extensive reform to justice and policing systems across Australia in evidence provided to the Federal Inquiry into Missing and Murdered First Nations Women and Children.
Ms Iles said that while the increased national focus on the death of women at the hands of partners or former partners was a positive step, the epidemic of murder and abduction of First Nations Women and Children was not receiving the attention the crisis warranted.
“The epidemic of murder and abduction of First Nations Women and Children has reached crisis levels. We know from media investigations that at least 315 First Nations women have either gone missing, been murdered or killed in suspicious circumstances since 2000.
“First Nations’ women are being murdered up to 12 times the national average, and in some regions, their deaths make up some of the highest homicide rates in the world.”
Yet despite these appalling statistics, the response from governments, police and justice systems across Australia has been ineffective or counterproductive.
“Often we hear that the problem of violence against First Nations Women and Children being written off by government and police as a problem ‘within community’ for First Nations people to solve and it is not seen as sufficiently problematic to warrant proper police investigation, judicial redress or media reporting.
“However, the disappearances, murders and sexual assaults of First Nations Women and Children are more often than not at the hands of non-Indigenous men.
“Yet, when First Nations Women do seek redress from the police and courts, they find themselves obstructed by a system wrought with institutional and cultural sexism, misogyny and racism.
“A Canadian inquiry found that these state behaviours create a culture within which people can perpetrate violence against First Nations women and know that they are safe from consequences, and this is a fundamental reason that First Nations Women and Children experience all forms of violence at much higher rates than others in Australia.”
In her evidence to the Legal and Constitutional Affairs References Committee Inquiry into Missing and Murdered First Nations Women and Children, Ms Iles outlined several key reforms that were urgently required to address the epidemic of murder and abduction of First Nations Women and Children.
“First, we need National principles on how police investigations must be conducted at a minimum standard.
“We must have a national and nationwide duty of care owed by police to Aboriginal and Torres Strait Islander victims or, if they’re dead, their families.
“To address the lack of transparency, accountability, and justice in the manner police operate, we need a national state and territory police complaints integrity corruption commission based on the Northern Ireland model.
“Currently, we have no data on the impact that the lack of access to justice has on victims or victims’ families. Research must be undertaken on the connection between poor police responses to abduction, sexual assault and murder and the suicide of the victim or the victim’s family members.
“We must have a national truth and justice commission regarding the abduction, sexual assault and murder of First Nations women and children. This should be accompanied by state-funded legal representation for victims-survivors and their families, restorative justice and compensation schemes, just like there were for victims of institutional child abuse.
“Finally, we must have a national alternative to police for Aboriginal and Torres Strait Islander victims and their families for those who have been abducted or murdered or are victims of sexual assault. We need legislation to empower a civilian body at a nationwide level to receive reports of harm and to be able to coordinate a response.
“The epidemic of murder and abduction faced by First Nations Women and Children requires a deep and comprehensive response. Government, police and the justice system have failed First Nations Women and Children for far too long.
“Now is the time for action.”
Key reforms required to address the epidemic of murder and abduction of First Nations Women and children
These are some of the solutions that I have posed, in consultation with other First Nations women.
1. All victims and their families should have access to justice. But unfettered discretion by police on what they do and don’t investigate mixed with systemic racism and sexism doesn’t allow all Australians access to justice. This is why we need National principles on how police investigations for serious crimes must be conducted.
2. All victims and families should feel safe interacting with police. A national duty of care is owed by police to First Nations victims and their families. That means ensuring police do not act with negligence or recklessness in a manner that causes unnecessary, and unspeakable trauma. It means ensuring victims are provided with mental health support.
Additionally, it’s critical that where police are found to have acted negligently or fail in their duty of care, a National Redress Scheme is put in place, just like we do for victims of child sexual assault. This time it is the State who has caused the mental harm.
3. Victims and families should be confident in an independent police complaints integrity commission – no more police investigating police. Transparency, accountability and justice with police forces remain a problem in every state and territory. We need an independent body that has the power to receive complaints, reinvestigate them and where police were found to be negligent, make referrals for prosecution. This model has been recognised and recommended in the Yoorrook and QLD commissions.
4. A national alternative to police for First Nations victims and their families for those who have been abducted and murdered or are victims of sexual assault. For First Nations people trust in police is low or non-existent. We must provide alternative pathways to access justice. We need legislation to empower a civilian body at a nationwide level to receive reports of harm and to be able to coordinate a response. This will eliminate the need for victims-survivors and their families to be interacting with police as much as possible.
5. We can’t resource and fix what we have low visibility on. Research is needed into the connection between poor police responses to abduction, sexual assault and murder, and the suicide of the victim or the victim’s family members. Suicide as a result of poor interaction with police is widespread. I believe that at least every week a victim of sexual assault or a family member of a victim who doesn’t get to access justice commits suicide.