Re-imagining youth justice: Cultural contestation in the Kimberley region of Australia since the 1991 Royal Commission into Aboriginal Deaths in Custody

Abstract

Twenty years on from the 1991 Royal Commission into Aboriginal Deaths in Custody in Australia the picture appears bleaker than in the early 1990s. This article adopts a post-colonial stance to examine emerging Aboriginal strategies on youth justice in Western Australia that focus on building forms of Aboriginal ‘cultural capital’ and ‘community owned’ justice mechanisms on Aboriginal country as an alternative to failed strategies of incarceration and ‘community based’ justice. Aboriginal contestation, or what I call, after Edward Said, ‘contrapuntality’ increasingly takes place through subtle ‘inter-cultural’ work in various ‘engagement spaces’ in-between Aboriginal and mainstream cultures. These practices challenge mainstream government to practise what it preaches in relation to its claimed respect for Aboriginal cultural rights. The article reports on Aboriginal owned and controlled cultural processes in the Kimberley region of Western Australia that are contrapuntally challenging established ideas about the meaning of justice for Aboriginal youth.