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Response to Missing and Murdered First Nations Women and Children Report

Content Warning: Aboriginal and Torres Strait Islander readers are advised this story contains the names of First Nations people who have passed away.

The National Justice Project has welcomed today’s release of the Senate report following a two-year inquiry on Missing and Murdered First Nations Women and Children.

“This report is a step towards substantive changes in the way police investigate crimes against First Nations women and children, as well as strategies to increase their safety,” said NJP CEO Adjunct Professor George Newhouse.

“We welcome the recommendation of a review of existing police practices with the goal of improving standards of cultural awareness and safety. We look forward to seeing the development of guidelines for the review of past cases involving disappeared and murdered First Nations women and children where families are seeking review.

“Parliament needs to put some teeth into the report and its recommendations. First Nations organisations and communities need to be heard and empowered by police, and their recommendations for change integrated into police policies and practices. Data needs to be kept which monitors the performance of police in protecting First Nations communities. Finally, there must be meaningful accountability for failures in policing and for the systemic discrimination and prejudice in the way that First Nations communities are treated or should I say mistreated and under-protected by police.

“The National Justice Project fought on behalf of the families of Mona Lisa Smith and Jacinta (Cindy) Smith for an inquest into their deaths over 35 years ago. We note that the report made specific reference to the criticisms of police and the recommendations of the NSW State Coroner from the inquest into their deaths.

“The National Justice Project submission to the Inquiry drew on the experiences of the Smith family along with the family of baby Charlie Mullaley. In sharing their stories and their recommendations for change with the Senate, both families hope to affect real change in the way police interact with First Nations peoples and prevent other families from having to live through similar experiences and the pain and trauma of their ongoing injustice.”

The National Justice Project will continue to advocate for key reforms to secure accountability and justice for victims of violence, including:

  • Real accountability for police forces who under-protect First Nations communities, families and individuals
  • Mandatory independent oversight of police investigations and complaint allegations from First Nations people – because police should not investigate police.
  • First Nations communities deserve a coronial system that is trauma-informed, responsive to cultural needs, and that has the power to investigate systemic racism and make system-wide recommendations.
  • Mandatory and ongoing police and government education in anti-racism and culturally competency. First Nations people deserve to receive culturally appropriate response when dealing with the justice system.

“The justice system, including the police and the criminal and coronial jurisdictions, has a responsibility to protect First Nations communities, particularly women and children,” Adjunct Professor Newhouse said.

“We value the recommendation for Parliament to monitor progress on police and justice system accountability. The failures to properly investigate the deaths or disappearances of First Nations women and children are a very clear and direct denial of justice for communities and families. These failures have left loved ones without closure.

“We hope that the recommendations from the Senate Inquiry will be a positive step towards moving closer to some form of closure and long overdue justice but they will mean nothing without accountability. As First Nations woman Karen Iles has said “There is no healing without justice” and that applies to the police.”

Read the full report here

Update 26 November, 2024 – read the Government’s response to the report here

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