Mandatory sentencing 'unjust and discriminatory'

March 1, 2000
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Mandatory sentencing 'unjust and discriminatory'

By Sibylle Kaczorek

DARWIN — Six hundred people gathered in the centre of Darwin on February 22 to demand the repeal of the mandatory sentencing law and to mourn the death in custody of a 15-year-old Aboriginal youth. Protesters labelled the law unjust and discriminatory.

Indigenous speakers called for the government to work with indigenous people and for indigenous communities to be consulted on issues affecting them — a process that was not followed when mandatory sentencing was introduced.

Jabani Lacara a relative of the deceased young man, argued for government acceptance of customary law. He said, "Custom law is good for Aboriginal people and good for the young". Lacara added that mandatory sentencing is a "danger" because people get taken away from homes and communities and suffer in jail. "We are not animals", he said, "we are humans, we've got every right to have our law".

PictureCassandra Goldie from the Darwin Community Legal Service argued for government acceptance of international human rights law. The Universal Declaration of Human Rights was a response to the horrors of Nazi Germany, she said, an attempt to put in place international standards to protect human rights. "Mandatory sentencing is in breach of the basic principles of human rights", she said.

Goldie argued that none of the prime minister, NT chief minister Denis Burke or state Labor leader Clare Martin had the right to tell us to "butt out". All three have argued that the federal government should not intervene in the NT's laws.

In Alice Springs, 350 people marched on the chief minister's office in the city calling for mandatory sentencing to be overturned. The demonstrators presented the chief minister's representative with a heart, to replace the one which Burke is clearly missing.

Russel Goldflam, a lawyer for the Central Australian Youth Justice Coalition, told the rally, "Our experience shows that [Burke's] position on mandatory sentencing is out of step with community attitudes and wishes".

Goldflam called on Burke to have him arrested for stealing and breaking a pencil three weeks ago. "If he's fair dinkum that these laws apply to everybody, then I can't see any reason why me as a middle-class, middle-aged fellow shouldn't be treated the same way as that poor young fellow up in Darwin whose life has been lost", Goldflam said.

In Canberra, Andrew Hall reports, 40 people protested against the mandatory sentencing laws during the visit of United Nations secretary-general Kofi Annan to the National Press Club on February 22. Organised by the ACT Greens, the rally urged the UN to investigate breaches of the International Convention on the Rights of Children and to call on Howard to override the NT laws.

JOOn March 1, Greens MLA Kerry Tucker will move a motion in the ACT Legislative Assembly condemning the ACT government for its support for mandatory sentencing in the NT and Western Australia. Resistance is organising a protest at the Australian National University on March 9. Phone (02) 6247 2424 for details.

In Brisbane, Justin Randell reports that 40 people joined a protest action called by Resistance outside the NT Tourist Centre there on February 26. Organising is underway in Brisbane for a large rally and march on March 5 to demand the repeal of the mandatory sentencing laws and an end to deaths in custody. See the listing on page 24 for details.

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