A
racist constitution for a nation: a nation of racists?
by Graham Nicholson
This article advances the view that the Commonwealth Constitution was framed in a manner that not only permitted the enactment of racially discriminatory legislation by the new Commonwealth Parliament and other Australian legislatures, but that it was in fact a racially based Constitution, designed to promote a race-based social system in Australia. It further argues that racially discriminatory elements in the constitution have survived into this new Century and continue to represent the domestic law in force in Australia through recent High Court rulings.
Indigenous
forums: laughed out of court?
by Ken Brown
This article argues that Aborigines have a right to justice on their own cultural terms. The author states that while the common law often professes to be tolerant of and willing to learn from other legal regimes, in reality it has been opportunistic in its tactics and absorbed only those facets and aspects of other laws or legal systems that suit its purpose. Crucially any forbearance does not stretch to permitting another system of law to operate alongside it as an equal. The article explores whether Indigenous courts can work effectively.
A long fight
for a basic human right: Indigenous language interpreter services in the Northern
Territory
by Helena Blundell
In April 2000, the Commonwealth and Northern Territory governments agreed to fund the first government-supported interpreter service in Indigenous languages in Australia. This article looks at the need for the service, the long fight for it, and the work required to ensure the service succeeds in its objectives.
Unfinished
constitutional business: Human rights in Fiji Islands
by Jennifer Corrin Care
This article examines the fate of human rights in Fiji Islands, in the light of the attempted coup in May 2000 and the subsequent replacement of the Constitution with the Fundamental Rights and Duties Decree made by the Interim Military Government. It compares the Bill of Rights chapter in the 1997 Constitution of Fiji Islands with the Decree and questions the suitability of a Bill of Rights that is not in step with contemporary realities in Fiji.
Warra Warra:
refugees and protection obligations in relaxed and comfortable Australia
by Jonathon Hunyor
Australia’s current approach to refugees raises serious questions about our good faith in dealing with refugees. This article examines recent court decisions relating to refugees and the concept of non-refoulement—the principle that a person must not be returned to a country in which they will face prosecution.
There ain’t
no fat lady: a Northern Territory delegation visits Canberra to oppose mandatory
sentencing
by Russell Goldflam
In March 2000 a Northern Territory delegation visited Canberra to oppose mandatory sentencing. This personal reflective account covers the course of their visit with fascinating insights into the operations and interactions of politicians, lobbyists and the media.
National
human rights institutions: effectively protecting human rights?
by Maria O’Sullivan
This article examines the establishment of national human rights institutions, particularly in the South-East Asian region, and analyses the grounds upon which they are established. Currently the standards governing establishment are the Paris Principles but they are deficient in that they do not deal with what essential democratic processes are required prior to establishment of the institution. Particular attention is given to recent moves by the Burmese government to establish a national human rights institution and the need to expand the Paris Principles.
Policing
the mentally ill
by Jude McCulloch
This article briefly looks at the history of shootings of individuals with mental impairment or mentally ill people by Victoria Police, and the measures taken by police since the mid-1990s aimed at reducing fatal shootings and responding to people suffering psychiatric crisis. It argues that two of these measures—increased use of the paramilitary Special Operations Group, and the introduction of capsicum spray—may actually exacerbate problems and increase the likelihood of fatal shootings. Additionally, the availability and use of capsicum spray may contribute to deaths in custody and have an adverse impact on the often already precarious mental health of those it is used against.
Native title:
Gill nets at Bul Gul
by Stephen Gray
This brief considers the operation of native title as a 'defence' to a criminal charge in a recent Northern Territory case, Trenerry v Rivers. It examines the approach taken by the magistrate to the defence in this case, making brief comparisons with the operation of the defence in other jurisdictions.
Diversionary
programs 1: A breakthrough journey for the Top End
by Thomas Stodulka
As governments rely more heavily on the community for some of the services which they previously delivered, we are seeing the alternative dispute resolution (ADR) movement growing quite rapidly. While ADR is often appropriate to quickly resolve community disputes it is equally applicable to more complex legal issues. The Northern Territory is no exception when it comes to ADR developments and this article provides some positive examples. Most recently, the NT has embarked on the restorative justice path with its commitment to promote victim/offender conferencing. One of the greatest challenges though with such a major change is to be able to shift people from a traditional mindset and to take them on a fresh and breakthrough journey.
Diversionary
programs 2: Justice restored?
by Tony Fitzgerald
This brief examines the restorative justice model and in particular how victim/offender conferencing operates in the Northern Territory. The author claims that progress towards the repeal of mandatory sentencing laws may depend on the success of juvenile diversionary schemes, especially victim/offender conferences.
Women in
prison: mandatory imprisonment
by Emma Coupland
The brief focuses on the Darwin City Council’s use of the TINES Scheme, imprisoning people for non-payment of infringement notices. The Top End Women’s Legal Service is concerned about the disproportionate rise in the number of women incarcerated in Northern Territory gaols over the last few years. The increase has been directly attributed to the Council’s imprisonment of women for breaches of minor council by-laws. By-law 103, which forbids people from sleeping in a public place, may have significantly contributed to the rising number of women being detained in the Territory.
Legal Education
column: Clinical legal education and refugee cases: teaching law students about
human rights
by Mary Anne Kenny and Anna Copeland
This column describes how clinical legal education can be used as a very effective method of teaching law students about their professional responsibilities. It gives an example of a ‘live-client’ clinic in which students can work on cases involving asylum seekers. This type of experiential learning is very effective in assisting students to develop a rights-based methodology in approaching legal work.
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