Cultural conceptualisation of child abuse and responses to it: an aboriginal perspective.

• Author: Gordon, Sue

Abstract

Although the impact of child abuse infiltrates communities at all socioeconomic and cultural levels, its prevalence in indigenous Australian communities is of particular concern. Any level of child abuse or neglect is unacceptable in any community, and for too long a veil of silence has surrounded the extent of the problem facing indigenous populations as a result of the false assumption that violence and abuse are culturally ingrained. Indigenous experiences of violence and abuse are different from those of non-indigenous Australians, as are responses to the problem, perpetuating the systemic cycles of violence plaguing many indigenous communities. In recognising this, family and child abuse must be seen within the broader context of historical and present factors, and the multitude of underlying issues that shape indigenous experiences of abuse must be addressed in order to achieve any real outcomes in protecting indigenous children. This paper addresses the issue of child abuse and neglect within the context of a cultural conceptualisation of the problem itself and responses to it, from the perspective of an indigenous leader, Children's Court Magistrate and Chair of the Gordon Inquiry.

INTRODUCTION

The abuse and neglect of our children is still widespread in our modern society, and is of particular concern in indigenous communities in Australia. Although this is not a new or emerging problem, for too long silence has surrounded the prevalence of abuse and neglect that indigenous children are subjected to, often under the false assumption that violence is culturally ingrained in our indigenous heritage. In order to protect our children, it is vital that we bring this issue into the open and ask the hard questions: Why are indigenous children at greater risk of becoming victims of child abuse than other Australian children? Why have we put our children at risk and allowed this to become an epidemic in our communities? And what are we doing about it?

It is important to acknowledge that indigenous experiences of abuse and violence differ from those of non-indigenous Australians, and recognise the role that this difference plays in continuing the cycle of systemic abuse. In acknowledging this, family violence and child abuse must be seen within the broader context of historical and present factors, and the multitude of underlying issues that shape indigenous experiences of abuse must be addressed in order to achieve any real outcomes in protecting indigenous children. The Australian Government has recognised this and, through the new arrangements being implemented in indigenous affairs, has committed to a whole-of-government approach to tackling family violence and child abuse in indigenous communities. I will return to this later.

This paper will cover the prevalence of family violence in indigenous communities, while making reference to the many and complex causes behind family violence. The paper will focus on the current picture and the policies that are addressing the issue in Australia. I will examine the Australian Government's new arrangements in indigenous affairs and how these enhance our ability to tackle this problem. I will also discuss commonwealth and state governments' policies and programmes to address child abuse and family violence, including my work on the Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities (the Gordon Inquiry).

CHILD ABUSE

Child abuse and its ramifications are a severe and continuing blight on our communities and a matter of ongoing concern. I personally see the effects of this violence every day in court, both in our criminal jurisdiction and in our civil jurisdiction of care, and in this paper I will outline its prevalence in Australia's indigenous communities.

Although it is generally difficult to obtain accurate figures on the extent of child abuse Australia-wide, and even more so for indigenous communities, it is clear that indigenous children are significantly over-represented in the statutory child protection system. The Australian Productivity Commission (SCRGSP 2006) reported that 4,887 indigenous children under the age of 17 had some form of abuse substantiated--that is, proven by the statutory protection authority--during the period 2004/2005. This rate of substantiation is on average 3.6 times higher for the indigenous population than for non-indigenous Australians. Indigenous children are also six times more likely to be on care and protection orders than other Australian children. While indigenous children comprise less than 3% of children in Australia, they constitute a massive 24% of those placed in out-of-home care.

Due to guideline variations in each state, rates of substantiation are not comparable, but they are higher for indigenous children than their non-indigenous counterparts --ranging from two times to up to 12 times higher--in every state except Tasmania. Perhaps the most alarming statistic is that since 1998/1999, the rate of substantiated child abuse and neglect for Aboriginal and Torres Strait Islander children has increased in all states except Western Australia (AIHW 2006). Western Australia is currently the only state or territory that does not have mandatory reporting of child abuse, with the recently appointed Premier of Western Australia indicating that there are no plans to initiate it.

Because accurate data on the extent of child abuse are difficult to come by, and these figures are based upon reported instances of child abuse and neglect, they are likely to be an underestimate of actual levels of maltreatment. It is estimated that less than 30% of sexual assaults on children are actually reported, and that this rate is a lot lower in indigenous communities (Stanley et al. 2003). This situation has changed little since identified at the First Aboriginal Child Survival Seminar in 1979.

A Bigger Picture and Some Hard Facts

In my role as a Children's Magistrate, and as Chair of the Gordon Inquiry (which I will discuss later), I see on a daily basis the devastating trauma and long-term impacts that child abuse inflicts upon children, families and the community. We cannot afford to let this continue.

So how do we deal with this problem that has become pandemic across indigenous communities? In order to address this issue and its effects on indigenous children and communities, it is vital that we gain a strong awareness of indigenous-specific experiences of abuse. Intrinsic to this is an understanding of the indigenous conceptualisation of child abuse, which locates child abuse within the broader framework of family violence.

* One-fifth of indigenous people reported that they had been a victim of physical or threatened violence in the past 12 months, more than double the victimisation rate of non-indigenous Australians (19.5% compared with 8.9%) (ABS 2004).

* Police records indicate that indigenous females were six times as likely to be a victim of domestic-violence-related assault as all the females in New South Wales in 2002. In Western Australia indigenous women are 13 times more likely to be a victim of assault than non-indigenous females (SCRGSP 2004).

* Indigenous females are 30 times more likely to be hospitalised for assault than non-indigenous females.

* Over half (54%) of indigenous homicides occurred between family members, whereas only 38.1% of non-indigenous homicides occurred between family members.

* Up to 88% of all rapes in indigenous communities go unreported (Richardson 2005).

This is the grim experience (with far-reaching consequences) for too many indigenous children, many of whom are growing up in communities where violence is the norm. While I believe that any level of family violence in the community is unacceptable, the problem is particularly prevalent in indigenous families, and these disturbing statistics need to be addressed. However, the best solutions often come from the communities themselves and are implemented at the grassroots level. Governments and communities together must tackle not only the end results but also the underlying issues concerning child abuse and family violence in indigenous communities.

INDIGENOUS EXPERIENCES

In addressing this issue, it is important to recognise several important factors before we can achieve a culturally appropriate response. One of these factors intrinsic to combating child and family violence is acknowledging that indigenous concepts of violence are much broader than usual mainstream definitions of domestic violence. For indigenous peoples, the term family violence rather than domestic violence better reflects the often interconnecting and trans-generational experiences of violence within indigenous families and communities (Stanley et al. 2003).

Indigenous family violence must also be seen within the broader context of violence committed at a systemic level, the obvious physical violence that reaches wide attention being only the merest tip of the iceberg of such ignored, routinised, structural violence (Simpson 1993).

Definitions of violence need to incorporate not only physical dimensions, but also emotional, social, economic, spiritual and institutional dimensions. This is vital when considering the effects of exposure to such violence on a child. A broader concept of family violence allows for a more appropriate response to the difference in experiences of violence faced by indigenous women and children. Understanding that an indigenous woman may be unable or unwilling to report violence or fragment her identity by leaving her community, family or partner as a solution to the violence clarifies the need for indigenous-specific services (Bennett 1997).

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