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THE West Australian Government said it would not support a federal proposal to scrap Aboriginal customary law as a mitigating factor in serious crimes. WA Attorney-General Jim McGinty today said the recognition of customary law in the judicial system was vital for reconciliation and his state would not scrap it. He accused Federal Indigenous Affairs Minister Mal Brough of "bigotry" that risked setting back the welfare of indigenous people in the justice system by decades. Mr Brough has called for a summit of state, territory and federal governments to develop a united approach to dealing with the causes of widespread abuse and violence in indigenous communities. He said the summit would discuss the proposal to scrap Aboriginal customary law as a mitigating factor in serious crimes – something he said would ensure all Australians were treated equally under the law. Mr McGinty said the recognition of customary law represented a major step forward in the process of reconciliation. "Mal Brough's bigotry is setting back the welfare of Aboriginal people in the justice system by decades," he said. "While there is no suggestion to codify Aboriginal customary law in Western Australia, the acceptance of indigenous laws and practices in the criminal and civil justice systems will help empower Aboriginal communities and address some of the injustices and disadvantages faced by indigenous people." The recognition of Aboriginal customary law helped remove the systemic bias that existed in the WA legal system, he said. Aboriginal people comprise three per cent of Western Australia's population but represent 40 per cent of its prisoners. "Western Australia has one of the highest imprisonment rates of Aboriginal people in the country and it is vital that we address that imbalance," Mr McGinty said. "Mal Brough would be wise to listen to the Pope's advice to the Howard Government and address the plight of Aboriginal people with compassion." A December last year, a West Australian Law Reform Commission discussion paper that recommended the greater recognition of customary law in the state was welcomed enthusiastically by Mr McGinty, who said the proposals would help slash reoffending rates. The final report from the WA Law Reform Commission is due in coming months. AAP (24-05-2006) |
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