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Cultural rites - human rights: drawing the line

By Stephen Hagan - posted Thursday, 6 October 2005


I strongly endorse the Justice Minister’s comments.

According to the United Nations Convention on the Rights of the Child, a child is defined as a person from birth to the age of 18 who has the right to shelter, adequate food, medical care, protection against manipulation, violence, drug and sexual abuse, the right to play, to education and cultural activities, the right to freedom of opinion, privacy and individuality, to name a few.

As far as I’m concerned there should be no legitimacy established under western law or customary lore to perpetrators for acts of violence against children. The only right child abusers should have is the right to feel the full weight of the law, irrespective of their racial or cultural background and the community in which they reside.

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Everyone should follow the lead taken by this courageous young girl, for speaking up against the violation of her rights, and fearlessly report such incidents of violence against children whenever it occurs within their communities.

If you think reporting a child abuser is all too much for you to countenance in your oppressed personal or communal environment, try thinking of the difficulty this young girl went through in telling her story from such a remote location and under extraordinary authoritarian circumstances.

Stewart O’Connell, the Legal Aid lawyer defending the accused man, wrote an engaging description of the outdoor court setting in the Koori Mail on September 24:

The large South African mahogany was not the only stranger to cast a shadow on Ngaringman land this month. The exotic tree provided shade for black-robed lawyers and a red-robed judge, all adorned with horsehair wigs. This provided a stark contrast to the stockman’s hat, dusty jeans and boots and the floral dresses of the men and women of Yarralin. This was one of many contrasts evident that day.

The next contrast I hope O’Connell depicts will be the décor of a staid, traditional court room setting, filled with supporters of the victim, from where the appeal judge will order an outcome that will be more fitting of the crime committed. A spokesman for the Director of Public Prosecutions has confirmed that an appeal has been lodged with the Northern Territory Supreme Court.

As a proud Indigenous man with high reverence for my Kullilli cultural values, I am appalled at the selfish indulgence of this Indigenous elder who committed a heinous crime and disgracefully hides behind the veil of customary lore.

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Violence should never be condoned as the last refuge of the incompetent.

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About the Author

Stephen Hagan is Editor of the National Indigenous Times, award winning author, film maker and 2006 NAIDOC Person of the Year.

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