1. Background
Aboriginal and Torres Strait Islander peoples represent about 3.8% of the Australian population, yet they make up over 30% of the prison population (ABS, 2021).
This disproportionate incarceration results from historical dispossession, systemic disadvantage, and discriminatory policing.
Deaths in custody occur when a person dies while being detained by police, in prison, or in secure care.
2. Royal Commission into Aboriginal Deaths in Custody (RCIADIC, 1987–1991)
Established after growing public concern about the high number of Indigenous deaths in custody during the 1980s.
Investigated 99 deaths between 1980 and 1989.
Key findings:
Aboriginal people were not more likely to die in custody than non-Indigenous people once imprisoned.
They were far more likely to be in custody in the first place, due to discriminatory policing and systemic factors.
Many deaths were preventable — caused by neglect, poor medical care, or failure of duty of care.
Issued 339 recommendations, focusing on reducing Indigenous incarceration, improving health care in custody, and strengthening community involvement.
3. Ongoing Situation
Since the Royal Commission (1991), more than 500 Indigenous people have died in custody (Guardian Australia, 2023).
Many of the Commission’s recommendations have not been fully implemented, particularly around diversionary programs, reducing incarceration rates, and culturally safe health services.
Cases highlight ongoing issues:
Ms Dhu (2014): A 22-year-old Yamatji woman who died in police custody in WA after being jailed for unpaid fines. She was repeatedly denied medical care.
David Dungay Jr (2015): A Dunghutti man who died after being restrained by prison officers in Sydney, despite repeatedly saying “I can’t breathe.” His case is often compared to George Floyd’s in the US.
4. Contributing Factors
Over-policing: Higher arrest rates for minor offences (e.g., unpaid fines, public drunkenness).
Socio-economic disadvantage: Poverty, homelessness, and lack of access to services make Aboriginal people more vulnerable to criminalisation.
Health disparities: High rates of chronic illness (heart disease, diabetes, mental health issues) increase risks of death in custody.
Systemic racism: Institutional failures to provide adequate medical care, cultural safety, and humane treatment.
5. Social and Political Responses
Campaigns like “Black Lives Matter in Australia” and “Stop Black Deaths in Custody” have mobilised public awareness.
Legal reforms include decriminalising public drunkenness (Victoria, 2021) and replacing prison for unpaid fines (WA, post-Ms Dhu case).
However, incarceration rates of Aboriginal people remain high, and accountability for deaths is rare (few custodial officers face criminal consequences).
6. Educational and Leadership Implications
The issue underscores the importance of culturally responsive justice systems and the need for truth-telling in education.
Schools, universities, and leadership institutions play a role in challenging stereotypes, teaching about systemic racism, and preparing future leaders to engage with reconciliation and equity.
References (Harvard Style):
Australian Bureau of Statistics (2021). Prisoners in Australia. Canberra: ABS.
Royal Commission into Aboriginal Deaths in Custody (1991). National Report. Canberra: Commonwealth of Australia.
Allam, L. & Wahlquist, C. (2023). Deaths Inside: Indigenous Deaths in Custody 30 Years On. The Guardian.
Cunneen, C. (2020). Indigenous Deaths in Custody: The Continuing Legacy of Colonialism. Social Justice, 46(3), pp.35–53.
In summary: Aboriginal deaths in custody remain a national crisis. Despite decades of inquiries, recommendations, and reforms, Aboriginal peoples continue to die in police and prison custody at alarming rates — reflecting systemic racism and failures of justice.
