Justice for Ms Dhu

Ms Dhu, an Aboriginal woman belonging to the Yamatji nation, died in police custody in South Hedland, Western Australia, in 2014 within 48 hours of being incarcerated for failing to pay fines. The coroner’s report found that both the police force and medical institution failed to discharge the duty of care owed to Ms Dhu, as their behaviour fell below what was expected of someone in their position. However, the coronial inquiry was unable to account for the ways in which state power and possessive sovereignty is invested in the deaths of Indigenous peoples. This article connects Ms Dhu’s life and death to forms of gendered, institutional and structural racism endemic to the Australian settler state. We then turn to examine the possibilities of justice for Ms Dhu through aesthetic attempts to memorialize her in public spaces of the city of Perth, which carry a promise of justice through their ability to challenge the settler-colonial logic that made possible Ms Dhu’s invisible suffering and the lack of accountability for her death.Arts, Education & Law Group, Gumurrii CentreNo Full Tex

Penality and Modes of Regulating Indigenous Peoples in Australia

The article proposes that race is central to the historical sociology and contemporary practice of punishment in settler societies such as Australia. The roots of massively disproportionate indigenous incarceration rates at the present time must be explored in relation to the history of regimes and cultures of racial segregation and governance in which indigenous peoples were coercively managed, for the most part outside `normal' legal and penal institutions, until the third quarter of the 20th century. The advent of high indigenous incarceration coincides with the cessation of overtly segregationist policies and continues to produce some of the same social consequences for indigenous communities - of social marginalization and civic disenfranchisement - behind a façade of legal impartiality. The reasons for this are, however, complex rather than simple. They are to be found in the legacy of segregationist policies, especially the wholesale removal of children and attempts to annihilate the means of reproduction of Aboriginal culture, and in the manner in which punitive sensibilities can serve as a vehicle for the expression of racial anxieties and antipathies in a liberal political culture in which overtly racist policy has no place