Racial and Gender Justice for Aboriginal Women in Prison

A room full of majority women watch a mix of Aboriginal and non-Indigenous women panellists at the Sydney Law School

On Thursday 23 May 2019, I attended at the Sydney University Law School Beyond Punishment Seminar Series: Aboriginal Women in the Criminal Justice Network. The speakers discussed data on Aboriginal and Torres Strait Islander women in prison, and programs to support them in the state of New South Wales (NSW). ‘Aboriginal’ women in the context of the talks and the discussion below also encompasses Torres Strait Islander women.*

Before I tell you more about the talks, I’ll set the scene, looking solely at the adult prison context affecting Aboriginal women being targeted by the criminal justice system.

Over-incarceration is an issue best examined through a lens of intersectionality, a term originally exploring the limitations of dominant definitions of discrimination under industrial law (Crenshaw 1989: 150). Legal outcomes of Aboriginal women are simultaneously impacted by race, gender, class and other systemic inequalities. Lack of legal resources available to Aboriginal women to navigate the legal system is born of concurrent racial justice and gender inequalities. Economic disadvantage, poor access to therapeutic and other health services, and housing insecurity are preconditions of offending; these are class and racial justice issues. Sexual violence and poverty of Aboriginal mothers are typical of imprisoned women’s backgrounds at a rate that is much higher than male prisoners (Stathopoulos and Quadara 2014). Again, these are both racial and gendered issues, which are interconnected with colonial violence and intergenerational trauma.

I am writing on 26 May; National Sorry Day. This day commemorates the truth-telling of the Bringing Them Home report, the documentation of the Stolen Generations. Around 100,000 Aboriginal and Torres Strait Islander children were forcibly taken from their families under our racist social policy. The first institution built to ‘civilise’ Aboriginal children through the use of violence was in Parramatta, New South Wales (Marlow 2016). From 1910 to 1970, across the nation, Aboriginal children were forced to forget their culture, language and spirituality. They were placed into neglect by Christian-run missions and into White foster care (AHRC 1997). Today, the state continues to forcibly remove Aboriginal children from their families at four times the rate as non-Indigenous kids (Zevallos 2017). New forced adoption laws in New South Wales mean children placed in care will be forcibly adopted (Zevallos 2019). For Aboriginal women in prison, this will almost certainly mean losing legal rights to see their children. Fracturing families through the imprisonment of mothers is another way in which colonial violence continues in the present-day.

Forced removal of Aboriginal children leads to cultural disconnection, exposure to child abuse, an increased likelihood of entering the criminal justice system, and trauma for mothers. These are gender, race and class dynamics unique to Aboriginal women, their families and communities. Continue reading Racial and Gender Justice for Aboriginal Women in Prison

Stop Forced Adoptions

Protesters gather out the front of the Parliament of New South Wales. A lage Aboriginal flag hangs over the gates. An Aboriginal man is signing translation in Auslan. There are camera crews and photographers.

Today marks the 11th anniversary of former Prime Minister Kevin Rudd’s Apology to the Stolen Generations. From 1910 to 1970, up to one third of all Aboriginal and Torres Strait Islander children (100,000 children) were forcibly removed from their families and sent away from their communities. They were classified according to their skin colour and put into Christian missionaries where they suffered abuse and neglect, or they were placed with White foster families who did not understand their needs. These children were forced to forget their language, culture and spirituality, and in many cases they were not told of their Indigenous heritage.

The Bringing Them Home report of 1997 gathered evidence of the impact this cultural genocide had on Indigenous Australians, showing that it led to intergenerational trauma, poor health, and socio-economic issues. The report made 54 important recommendations to end the cycle of violence against Indigenous Australians.

Twenty years later, Indigenous children are being removed from their families up to four times the rate.

Join the Grandmothers Against Removals, protesting forced adoptions law in NSW. Their ethos is that: ‘The best care for kids is community.’ Below are my live-tweeted comments, beginning at the Archibald Fountain in Sydney.

Continue reading Stop Forced Adoptions

Sociology of Abortion Politics

Women protesting, with a sign that reads "My body. My choice."

This week, on 11 May 2017, a bill two-years-in-the-making to decriminalise abortion in the state of New South Wales, Australia, was defeated 14 to 25, meaning abortion remains a crime under the Criminal Act. Greens MP and Spokesperson for the Status of Women, Dr Mehreen Faruqi MLC, who led the campaign to decriminalise said: “This bill was not about promoting or not promoting abortion. It was about choice.”

Another separate bill to establish 150 metre safe zones to protect abortion clinics has been introduced by Labor MP Penny Sharpe. This bill works to eliminate harassment and intimidation by anti-choice lobbyists who film and degrade women who walk into clinics.

In NSW, women can access abortions only with their doctor’s consent that there are “reasonable grounds” for the abortion, linked to physical and mental danger. Otherwise abortion is punishable by five years in jail.

This law has been in place since the 1970s, but stems back to 1900. Counter to national myths of our egalitarianism, abortion laws unearth how gender inequality is maintained by White, conservative Christian patriarchal ideology that seeks to control women’s autonomy. Sociological studies show how medical professionals have long been at the vanguard of change, by shifting understandings of abortion from moral arguments, to a medical choice.

Christian lobby groups, who hold strong political power, push back against medical and community views, using emotional imagery to influence abortion laws. This has proven effective over time, and continues to hold back progress in New South Wales (and Queensland, another conservative stronghold). Despite this recent set-back, momentum towards progressive change continues. A better sociological understanding of religiously conservative ideology and tactics may hold the key towards the next legal breakthrough.

 

Continue reading Sociology of Abortion Politics