Aboriginal Studies
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Social Justice and Human Rights Issues:
A Global Perspective
Responses and initiatives
Indigenous Australian Case Study:
Torres Strait Mer (Murray Island) and Eddie 'Koiki' Mabo
7. Criminal Justice
Each island group was divided into kinship groups. A headman, who maintained his position through respect, age and accomplishments, headed these kinship groups. The elder, or headman, was policeman and judge. He would arbitrate disputes, punish when necessary and maintain cooperation between families. His power was not absolute as he was unable to enforce decisions. The elder would consult with the island community and act in a spirit of consensus.
It was rarely necessary to impose authority on the community, as each member knew their position within the community and the penalties for failing to live within the law. The communities could also have a sorcerer. He was influential in community affairs and respected for his magic. He performed a range of duties including healing and arranging the death of an enemy. His influence was often equal to that of the headman.
Every member of the community was responsible for the observance of rituals, religious beliefs and taboos (prohibitions). The community, as a whole, would enforce ritual laws and taboos. These included protecting a garden from theft, excluding women and children from initiation grounds and it being taboo to consume your totem animal. Trespassing was considered an extremely serious crime and even walking on another person's land could be punishable by death.
With the development of mission villages, the missionaries introduced a strict code of conduct. They introduced their own mission courts, which were used to deal out punishment to the Islanders. After the arrival of government control, the position of a community leader or 'Mamoose' was introduced. The Mamoose was appointed by the island community and was assisted by four policemen. He was responsible for enforcing local laws. The Mamoose assisted by a European Justice of the Peace dealt with more serious crimes. The Justice of the Peace would regularly visit the islands.
This result in conflict between the missionary rules and courts and the government laws and courts. By the start of the twentieth century the Islands were governed by a set of by-laws developed from government laws, missionary ideals and traditional Islander values.
In 1937 the first Torres Strait Islanders Act was passed. The Act provided for local government on each island and the appointment of a chairman, and two councillors, to administer each island. They were democratically elected and were responsible for administering the by-laws. The government still retained overall control of the law.
Activity
Research and answer the following questions on Torres Strait Islander criminal justice.
- What are the ways in which Islanders' maintain law and order?
- What has been the impact of colonisation and subsequent events on Islander legal systems?
- How does the criminal justice system operate in relation to the power relations between Islanders, police and the judicial system?
- What do the statistics tell us about Islanders affected by the criminal justice system, particularly arrest, incarceration and sentencing rates?
- What mainstream programs and strategies exist to address Islander criminal justice issues, including culturally appropriate programs and strategies?
- What role do lifestyle factors play in Islanders involvement in the criminal justice system?
- What is the importance of regaining land, and cultural maintenance, in addressing the impact of the criminal justice system on Islanders?
- What social and political changes are necessary to address the over-representation of Islanders in the criminal justice system?
- What social and political changes within law enforcement and judicial agencies are necessary to improve attitudes toward Islanders?
- What similarities and differences exist in criminal justice issues for Islanders and Aboriginal people?
Click on the links below to investigate other topics in this Indigenous Australian Case Study:
- Overview of the Torres Strait Islands
- Overview of Mer (Murray Island)
- Health
- Education
- Housing
- Employment
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