ࡱ> g #_bjbjVV 4r<r<T %HXhhh|||8\|s7"666Zk6666666$9<7h7hh667"h h h h6h66h 6h h 246P?@z3677<s73A=A=(4A=h4 ah tei77 ds7A= : Submission to the 鱨վ Discussion Paper Australian Africans: A report on human rights and social inclusion issues NSW Police Force August 2009 The justice system of every country has its own processes, procedures and culture, which can be confusing to the general population and potentially more so for a newcomer. Information about the role of police in that system is not always readily accessible and often complicated by the frequently negative experiences and perceptions of authority held by refugees and humanitarian entrants in their countries of origin. Since 2003, the NSW Police Force (NSWPF) has actively managed the challenges presented in some Local Area Commands (LACs) by unprecedented numbers of refugees and humanitarian entrants from African countries, many escaping extreme abuses of human rights. The NSWPF response to the AHRCs discussion paper, Australian Africans: A report on human rights and social inclusion issues, is limited to the issues raised by section 5, Experiences with the Australian justice and legal systems. It also acknowledges that the structure of the discussion paper is designed to represent the direct experiences of African Australians. Using the subheadings provided by the discussion paper, the issues raised in this paper generally outline the experiences and approach of the NSWPF in addressing the inclusion of humanitarian entrants and refugees from African countries with respect to police contact, trust and mutual awareness/ understanding over several years. It also incorporates the direct findings of a police focused consultation conducted jointly with the AHRC in Lismore on 3 August 2009 for the specific purposes of this project. It should be noted that crime statistics do not provide evidence of a disproportionate involvement of African Australians in crime and anti-social behaviour. The observations of this submission therefore focus on the susceptibility of African Australians to crime as offenders and victims because of a range of complex settlement issues as well as their general relationship with police. Legal and justice needs of African Australians Many recent humanitarian entrants from African countries come from remote, rural or refugee camp environments, which lack structured services and legal systems that compare to those that exist in Australia. Interaction with police (as an offender, victim or generally member of the public) can therefore be affected by: Genuine lack of understanding of police roles and powers, eg move along and stop and search; Fear of and/or antagonism towards police based on previous experiences and regimes; Limited ability to communicate in English; Perceptions that police are racist and target offenders; and Police and/or community assumptions that criminal acts are cultural, eg assault. A widespread, integrated and customised educational program for Australian Africans on law and justice, as well as those who work with them, is therefore a critical need. It could include: Relevant and meaningful pre-embarkation education; Awareness raising among host communities, particularly in a remote or rural area, in relation to the experiences and expectation of refugee or humanitarian entrants; Encouraging local communities to assist with the settlement process; Developing English language learning programs that are designed to also build effective awareness of and competence in negotiating local services; and Basic understanding of the legal and justice system so that the distinction between police, courts and prisons is clear. There are some existing resources on this subject, hence it may be appropriate to conduct a comprehensive audit of these as well as their quality and currency. While the NSWPF has an important role to play in developing this, it calls for a contextual approach that involves other service providers and government agencies through the stages of development, implementation and evaluation. For example, the Commonwealth Family Court Model implemented in 2005 delivered an interactive information program around domestic violence and child protection issues to community groups based on the joint participation of NSWPF, the Department of Community Services, Legal Aid and the Attorney Generals Department. Good practice in the design of educational strategies suggests that the best approach is one that draws from actual experiences and expectations of all relevant stakeholders, including people who have been through the settlement process, service providers and host community representatives. Rights, justice and the law With respect to social inclusion and rights, a central issue for police is the impact that access to settlement services and opportunities (or lack thereof) can have on contact with the criminal justice system as an offender and/or victim. At the corporate and local level, the NSWPF attempts to mitigate these effects through tailored responses to identified issues and affected populations as they arise. These include training initiatives for police, information initiatives for communities, agency coordination, community consultation and networks, and relationships with leaders and respected members of African communities. Despite these responses, the overlap and increasing prominence of related issues calls for a coordinated approach not only by the NSWPF but its partner agencies in addressing settlement needs. This has partially been addressed by initiatives such as the NSW Government Immigration Settlement Planning Committee convened by the Community Relations Commission and the Refugee Services Network, which provides a forum for non-government and government agencies to exchange information on services and emerging issues for refugees and humanitarian entrants. The NSWPF has access to both of these forums. As a law enforcement agency, NSWPF also needs to recognise that many African Australians experiences of trauma, political corruption and/or oppression can characterise the way in which they understand rights and engage with public authority. It is particularly important to recognise that many have known police to be active participants in, and enforcers of, human rights abuses. For example, consultations held with African Australians have highlighted that some legal processes, such as bail, have been interpreted by some as a form of police corruption. The release on bail of an accused to appear before a court has been seen as money paid by the accused to police to be cleared of the charge. These situations can, and have proven to, give rise to the belief that police cannot be trusted and the African Australian community concluding that it may need to take matters into its own hands. It is critical that open channels of communication exist between police and communities in order to build trust and positive working relationships that can identify and address such misconceptions. The following issues continue to affect African Australians awareness of and/or capacity to exercise their rights with respect to law and justice: Reporting of crime can be hampered by lack of trust, not knowing how to report and/or having limited or no English proficiency; The absence of any statutory right to the use of an interpreter in clearly defined circumstances, although legislation relating to offenders in custody and NSW Police Force policy encourage the use of interpreters more widely; Interpreters in relevant languages and regional areas are often not available Translated materials about legal rights are not always effective due to illiteracy levels among some language groups and the non-existence of a written form of language in some communities; and Refugee camp existence can produce a distorted notion of rights, laws and justice. Access to the legal and justice systems The difficulty of accessing and navigating a complex legal and justice system can be compounded for some African Australians by: Limited English proficiency; Illiteracy in their first language; Negative experiences of law and justice in their countries of origin; Vastly different structures and procedures in their countries of origin; and Financial hardship. Despite various community legal information sessions organised by Legal Aid, Community Legal Centres and the NSWPF for newly arrived African communities, a great level of confusion, fear and mistrust still exists. As access to information about the legal and justice system is most relevant and needed when a person actually comes into contact with the law, considering how and when information and education are imparted at various stages in the settlement process is critical. A wide range of safety awareness programs have been initiated or implemented by the NSWPF at the local level with the aim of facilitating access to police through community education, relationship building and crime prevention including: Initiatives designed and driven by NSWPF Multicultural Community Liaison Officers, including youth programs, sporting activities and in school programs focusing on safety and police; A Family Court of Australia initiative funded by the Department of Immigration and Citizenship to educate humanitarian entrants about aspects of family law and the role of police with respect to domestic violence and child protection; Community induction days where all agencies that have interactions with newly arrived and refugee communities explain their role and what they can offer; Church gatherings and meetings; Information sessions delivered to students of Intensive English Language classes; News releases to local print media and radio programs; Information sessions for schools, mothers groups and community groups; Police high visibility attendance as participants at community events and festivals such as Refugee Week, 鱨վs Day, National Harmony Day and cultural performances to increase comfort with their presence among the community; Front line police and community leaders working together in central business districts; Sport and recreation initiatives to break down barriers and foster trust and communication, including sports clinics, art classes, soccer tournaments and basketball matches (often referred to as positive contact sessions; Employment initiatives designed to expose young people from emerging communities and humanitarian entrant backgrounds to career opportunities, including policing; PCYC open days, information days and targeted programs to engage young people and generate discussion on police and community issues. This has included the joint attendance and participation of police, settlers from small and emerging African communities and members of the general community engaged in mutual learning and interaction; Parenting information programs; Driving mentor programs to assist with traffic awareness and motor licensing; Mainstream media interviews with police on initiatives and issues affecting new and emerging communities; and Anti-racism strategies. NSWPFs joint consultation of African communities in the Lismore area with the AHRC on 3August 2009 found the following: Awareness and training for recognised community leaders on Australian legal issues and referral points will filter down the community and could engender a better sense of trust of police; There is a desire on the part of African Australians to have opportunities to build relationships with police on which they can build an understanding of roles, responsibilities and boundaries; and An effective means of participation and improving access for both communities and police is the engagement of local individuals and communities as volunteer support persons who work in direct partnership with LACs to better support victims and offenders within the community, as well as increase trust and awareness of police. Combating family violence The NSWPF acknowledges the challenge of arriving at a shared understanding of what constitutes domestic and family violence in a legal and cultural context with some African Australians. This challenge extends to ensuring that the NSWPFs responses to domestic and family violence across the board include: working with partner agencies to reduce and prevent domestic and family violence; targeting repeat domestic violence offenders to reduce recidivism; providing greater levels of support to victims; being more innovative in the way police gather evidence; ongoing monitoring of systems and processes aimed at improving police performance and practice; and targeting domestic violence hotspots. The NSWPFs primary messages are that domestic and family violence is criminal regardless of the cultural background of the victim or perpetrator and that reporting is critical in ensuring the safety of victims and minimising its impact on whole communities. Police have first response obligations in all cases of domestic violence that are essential to ensure that victims are attended to, and cases are dealt with, appropriately. The experience of police in responding to family violence both at the corporate and local level has highlighted the crucial need to explore some cultural structures, including patriarchal systems, the position of women and taboos in relation to what is spoken about and what is not, which may influence messages about family violence reaching African Australian victims. Engaging African Australian women to develop and deliver adequate information materials about family violence, how to report it, what the legal processes involved are, as well as information about services and support available, is a challenge for the NSWPF. However, inroads have been made at the local level through the involvement of MCLO and other relevant stakeholders in police/community partnerships. Specific issues that affect the capacity of police to combat family violence within African Australian communities include: The tendency for police and/or communities to justify violence as customary or culturally acceptable; Resistance to police involvement in addressing family violence; Community expectations of its involvement in addressing family violence; Understanding the need to report domestic and family violence, the legal responsibility of police to act on reports of violence and court processes; Awareness of the use of interpreters to report violence; Understanding child protection standards and laws in the Australian context. Discrimination in the legal and justice systems Racism, discrimination, harassment, social exclusion and injustice are frequent realities for African Australians, the fear and perception of which are exacerbated when interacting with the justice system. In the course of ordinary and due law enforcement, police are constantly required to manage perceptions of racism. This can stem from misunderstanding and fear about the role of police and the powers that police actually have. The settlement experiences of young people, in particular, can be compounded by a range of developmental and environmental factors that influence their behaviour, social practices and how they see themselves and the community around them. With respect to young peoples service needs and their integration into the community, service providers, including police, need to consider a range of issues that relate to culture, family and identity. For many young African Australians, what all young people face is made more complex by their experiences as humanitarian entrants. Police are often required to disperse gatherings of young males of African backgrounds because they are perceived by the wider community as a threat to their safety. Police have reported that, in some cases, in their search for identity, young African Australians have begun openly displaying a close affinity to black American youth culture. This can further frighten older members of the wider community, the effect being compounded in areas that have been less exposed to diversity within their communities, especially regional centres. When police respond to the complaints of shop owners, residents and pedestrians about young people congregating in public places (especially with move along directions), they are confronted with accusations of racism by the young people who congregate for social, non-criminal reasons. For many young African Australians, the response is interpreted as targeting on the basis of their race. It is therefore an ongoing priority for police to engage with young African Australians through a variety of police/community projects and programs designed to raise awareness and build relationships. Media reports criticising African settlement in Australia based on the inability to adapt and adjust have also had major repercussions for African communities sense of safety, acceptance and inclusion within the wider Australian community. This has been at the expense of highlighting many incidents where positive contact, good engagement and community integration have occurred. For police, such negative portrayals not only affect the experience of discrimination but raise concerns about the potential for an increase in racism, which may be manifested in hate related crime as well as activity by organised hate groups. Again, the priority for police to build relationships that foster trust and awareness is imperative to encourage reporting of crime experienced or witnessed by African Australians. The reality of perceived and actual racism and prejudice (both within the community and of police) is a serious challenge to achieving this. Cross-cultural/ Diversity training The NSWPF is concerned by the frequent and simplistic call for cultural awareness training as a solution to gaps in settlement services and customer service. This is particularly so when it is based on the premise that the culture of African Australians is static or homogenous, across country and cultural groups as well as within them. The NSWPFs approach to diversity training for police is to start with an operationally relevant context and to focus on skills and tools that most effectively respond to the immediate issues at hand. For example, cultural differences in the way information is conveyed can influence what police understand to be information that is relevant to an investigation or report. The focus of workplace diversity training would be on the skills needed to apply this awareness through investigative interviewing techniques rather than trying to understand up-front the actual cultural beliefs that might be used to understand African Australians. The primary mechanism for achieving this is the Workplace Diversity Training Program, whichdevelops training based responses to operationalpolicing needs as they arise. One of the main approaches adopted by the program is to align cultural diversity training with corporate priorities to build organisational capacity. This is an essential response to a diverse and constantly changing policing environment, as well as the constantly changing nature, experiences and needs of African Australian communities and the wider community of which they are a part. Improved community relations Improved community relations have been the focus of much of this submission and cannot be separated from the other issues that have been identified to impact on African Australians, police officers and the wider community. In their efforts to engage African communities in meaningful ways, police have also found that confusion often arises from the fact that police have both a law enforcement and crime prevention/community engagement role. Police will target offenders and at the same time engage the communities from which they come in information sessions and activities to enhance police/community relationships. The building of trust between African communities and police can be affected by this duality. Local police and MCLOs have made a significant investment in building trust and implementing crime prevention programs to address the needs of every minority community/group in their local areas, including recently arrived Special Humanitarian Program entrants from African nations. Engaging community members through local initiatives is considered one of the most effective ways to overcome cultural barriers and deter youth involvement in crime. Direct contact with the community in the context of crime prevention and relationship building has therefore been a focus of many successful local initiatives. These have included: Police involvement in community based forums, committees and working parties; Enlisting the support of elders or de facto community leaders to assist with communication and dialogue between communities and police on an ongoing basis as well as intervention in high profile incidents. While acknowledging the difficulty in identifying elders or representative community voices, Commanders agree that settlement strategies should attempt to incorporate the placement of elders in communities; Allocation of liaison functions to senior police (eg Duty Officers) requiring them to meet with community members and participate in interagency committees; Ongoing consultations with communities and service providers to identify emerging issues for newly arrived migrants and refugees and to update communities about police services. Major structured consultations on the needs and experiences of African communities have taken place in LACs covering Lismore, Coffs Harbour, Newcastle, Merrylands, Auburn and Blacktown; and Community satisfaction surveys to gain insight into community concerns and identify corresponding possible police responses.  The focus of this submission is predominantly based on interactions and consultations between police and newly arrived refugees and humanitarian entrants from the Sudan, Ethiopia, Sierra Leone, Liberia, and Congo.  In July 1995, former Associate Professor Andrew Fraser, from Macquarie University's Department of Public Law, wrote to the Parramatta Sun newspaper warning that Australia's increasing black population would lead to more crime and other problems because they had low IQs and high testosterone levels.     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