Urgent reform needed to protect First Nations women and children

Third Sector August 15, 2024

3 min read

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.

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,” added Iles.

The campaign founder highlighted that First Nation’s 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 a proper police investigation, judicial redress or media reporting.”

Iles added that 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 readdress 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.”

The lawyer also added that 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,” said Iles.

“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,” added Iles.

Iles added that 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.”

Karen Iles highlighted that the government, police and the justice system have failed First Nations Women and Children for far too long.

“The epidemic of murder and abduction faced by First Nations Women and Children requires a deep and comprehensive response.”

“Now is the time for action.”