Introduction 12 Follow up from the Social Justice Report 2010 14

Social and emotional impacts of lateral violence

Social and emotional wellbeing is the way Aboriginal and Torres Strait Islanders describe the ‘importance of connection to land, culture, spirituality, ancestry, family and community, and how these affect the individual’.²⁴⁹ Lateral violence assaults individual and community wellbeing, so it seems common sense that there are also profound social and emotional wellbeing impacts.

Given that lateral violence is such a new area of inquiry in Australia, it is not surprising that research looking at the links between lateral violence and social and emotional wellbeing has not been done yet. Similarly, social and emotional wellbeing is a holistic way of looking at what helps and hinders individuals, so it would be counter productive to reduce the complexity of social and emotional wellbeing to the single factor of lateral violence.

However, based on the conversations that I have had with people and the emerging international literature around social and emotional wellbeing and cultural safety,²⁵⁰ I think it would be remiss to ignore lateral violence as part of the complex mix of factors that impact negatively on social and emotional wellbeing. Just because we don’t have definitive data yet doesn’t mean that people aren’t suffering. An important step in combating lateral violence is that we openly acknowledge the harm it is inflicting in our communities.

While research has recently shown that 90% of Aboriginal and Torres Strait Islanders reported feeling ‘happy’ most/all/some of the time we cannot deny the severity of mental health problems in our communities.²⁵¹ The most recent Overcoming Indigenous Disadvantage report updates some of the key indicators of mental health and social and emotional wellbeing problems facing our communities. Text Box 2.13 provides a summary from this report.

Text Box 2.13: Social and Emotional Wellbeing Indicators

Overcoming Indigenous Disadvantage 2011 reported that: Aboriginal and Torres Strait Islanders reported experiencing a high/very high level of psychological distress at two and a half times the rate for non Indigenous people (32% compared to 12%).^252 Between 2004–05 and 2008 the proportion of Aboriginal and Torres Strait Islanders experiencing a high/very high level of psychological distress increased from 27% to 32%, while the proportion of non Indigenous people remained relatively stable, leading to an increase in the gap.^253 From 2004–05 to 2008–09 Aboriginal and Torres Strait Islanders were hospitalised for mental and behavioural disorders at around 1.7 times the rate for non-Indigenous people.^254 In 2005–2009, after taking into account the different age structures of the two populations, for those jurisdictions for which suicide death data are available, the suicide death rate for Aboriginal and Torres Strait Islanders was 2.5 times the rate for non Indigenous people (figure 7.8.1).^255 After adjusting for differences in the age structure of the two populations, Aboriginal and Torres Strait Islanders were hospitalised for non-fatal intentional self-harm at two and a half times the rate for non-Indigenous people (3.5 per 1 000 compared to 1.4 per 1 000 in 2008-09).^256

Research has shown that the experience of stressful life events, such as the death of a family member or illness or inability to get a job, has a detrimental effect on the social and emotional wellbeing of Aboriginal and Torres Strait Islanders. The National Aboriginal and Torres Strait Islander Social Survey (NATSISS) paints a picture of the toll that stressful life events have with:

• 
  77% of Aboriginal and Torres Strait Islanders over 15 years of age reporting that they or their close family or friends have experienced at least one life stress event in the last 12 months
  
• 
  the most common types of stressors were death of a family member or close friends (39%), serious illness or disability (31%) and inability to get a job (22%)
  
• 
  42% reported at least three stressors in the last 12 months
  
• 
  35% of those who experienced at least one stressor also reported high/very high levels of psychological distress
  
• 
  levels of psychological distress were higher for those who had witnessed violence (54%) or been experienced abuse or violent crime (53%).²⁵⁷
  

Some of these life stress events are directly related to lateral violence. But the impact of dealing with this level of stress and subsequent psychological distress wears people down and can lead to feelings of powerlessness. This can also create the conditions for lateral violence.

The ways lateral violence affects social and emotional wellbeing are multilayered and of course vary in every individual based on their own strengths and risk factors. The impacts of lateral violence behaviours like bullying can lead to severe emotional distress and isolation. The experience of violence, be it emotional or physical, can lead to trauma for the victim.

However, what makes the social and emotional wellbeing impact of lateral violence subtly different from other experiences of bullying and violence is that it operates in a way that:

• 
  undermines cultural identity with attacks based on incorrect notions of ‘authenticity’
  
• 
  is a consequence of oppression and powerlessness
  
• 
  feeds on negative stereotypes that devalue pride in culture and individual self-worth.
  

Because of these historical, cultural and social dynamics at play, the impact of lateral violence manifests itself in a way that is beyond an individualised view of mental illness. There is no pill to cure the legacy of oppression which includes the damage of your own people attacking your identity or the hopelessness that comes from living in a world that doesn’t value your own culture and worth. As Chapters 3 and 4 will outline in greater detail, the cure must start with healing, empowerment and cultural security.

3. 
   Conflict leading to involvement in the criminal justice system
   

Like social and emotional wellbeing impacts, the research around lateral violence leading to involvement with the criminal justice system is still embryonic. There is much work that needs to be done in this area and we need to be very careful in how we approach it.

Again, I think it is probably a mistake to reduce the complexity of involvement with the criminal justice system, in particular, violent offending, down to the single cause of lateral violence. We know from a lot of evidence that substance abuse, lack of education and employment opportunities, experience of violence, abuse and other underlying factors can all contribute to violent offending.²⁵⁸ Nonetheless, I think lateral violence is part of an explosive mix in some cases. Lateral violence helps explain how a history of dispossession, marginalisation and trauma can erupt against those who are closest to us.

1. 
   How does lateral violence lead to involvement with the criminal justice system?
   

As I travel around the country talking to people I am often given anecdotal evidence that suggests a link between lateral violence and involvement with the criminal justice system. For instance, in 2008 I attended the annual gathering of the Koori Courts in Melbourne attended by some 120 people made up of judges, magistrates, Elders and respected people and staff. Once I explained the concept of lateral violence I was told that it was the genesis of many of the cases of assault that came before their courts.

Although it is yet to be investigated in formal research, I would suggest that a great number of the physical assaults that are reported to police involving two or more Aboriginal and Torres Strait Islanders’ are in fact manifestations of lateral violence. Lateral violence can also be a factor in family violence. Marcia Langton has argued that:

[T]he most at risk of lateral violence in its raw physical form are family members, and in the main, the most vulnerable members of the family: old people, women and children. Especially the children.²⁵⁹

When we hear about the long running feuds in communities that spill over into violence, this can be seen as a manifestation of lateral violence as well. For instance, you can look at the situation in Yuendumu where we have seen a very fractured and marginalised community embroiled in conflict and also see elements of lateral violence at work.

This sort of community tension leading to violence is not just an issue in remote communities. Long standing feuds between families and groups also take place in urban and rural areas. VACCA have conducted research around lateral violence and cultural safety where young people have reported being told by older family members to attack other community members as part of long held feuds.²⁶⁰ This has led to involvement with the criminal justice system.

Whilst many of the instances of lateral violence leading to contact with the criminal justice system are, as I say above, anecdotal and need further investigation, what is not anecdotal is the Aboriginal and Torres Strait Islander violent victimisation rates outlined below.

2. 
   A statistical picture of Aboriginal and Torres Strait Islander violent victimisation
   

The statistical picture of violent victimisation for Aboriginal and Torres Strait Islanders is both disturbing and incomplete. Despite limitations in data, we are able to confidently say that Aboriginal and Torres Strait Islanders are more likely to be victims of family violence and other violence where there is a relationship with the offender than non-Indigenous Australians. However, given that Indigenous status is not routinely recorded for victims or offenders, our interpretation of the data is based largely on the assumption that partners and family members of victims are also Aboriginal and Torres Strait Islander.

There are also inherent issues with under reporting of violent crimes which I will discuss further below. However, Australian Institute of Criminology research has identified a relationship to the offender as a risk factor associated with increased victimisation, concluding that ‘most victims of violence suffer at the hands of those closest to them’.²⁶¹

There is no single method of calculating the incidence of violence so a statistical analysis draws on a range of different sources.²⁶² One way of looking at the level of victimisation is in terms of hospitalisation. Nationally, in 2008-2009:

• 
  Aboriginal and Torres Strait Islanders were hospitalised for family violence related assaults at 23 times the rate of non-Indigenous people.
  
• 
  Aboriginal and Torres Strait Islander women were hospitalised as a result of assault by a family member other than their spouse or partner at 52 times the rate for non-Indigenous women.
  
• 
  Aboriginal and Torres Strait Islander males were hospitalised as a result of assault by their spouse or partner at 41.8 times the rate for non-Indigenous males.
  
• 
  In remote areas Aboriginal and Torres Strait Islanders were hospitalised as a result of family violence at 35 times the rate of non-Indigenous people.²⁶³
  

Homicide is probably the most thoroughly researched area of violent victimisation. While it is a relatively uncommon crime, with 335 recorded homicides of Aboriginal and Torres Strait Islanders and 2 019 homicides of non-Indigenous people during the 10 year period from 1999-2009, the rate of homicide for Aboriginal and Torres Strait Islanders is 8.5 times the rate for non-Indigenous people.

Nationally, in 2008-2009:

• 
  the victim and offender were intimate partners in 60.9% of Aboriginal and Torres Strait Islander homicides compared to 24.2% of non-Indigenous homicides
  
• 
  there were no Aboriginal and Torres Strait Islander homicides where the victim and offender were strangers, whereas the victim and offender were strangers in 18% of non-Indigenous homicides
  
• 
  a domestic altercation was the motive for 66% of Aboriginal and Torres Strait Islander homicides and 34% of non-Indigenous homicides.²⁶⁴
  

Further research comparing Aboriginal and Torres Strait Islander and non-Indigenous homicides between 1999-2009, prepared by the Australian Institute of Criminology for this report, also shows that Aboriginal and Torres Strait Islanders are more likely to be killed by family members or intimate partners. Intimate partners were responsible for 46% of the Indigenous on Indigenous homicides recorded during this period, compared with 26% of non-Indigenous homicides.²⁶⁵

3. 
   Non-disclosure of violence
   

Criminologists often refer to non-disclosure of violence as the ‘dark figure of crime’,²⁶⁶ with crime statistics bringing to light only a fraction of the violent crimes committed. We know this is a particular problem in Aboriginal and Torres Strait Islander communities where a lack of trust in the criminal justice system and a lack of access to Police and other support services hampers disclosure.²⁶⁷ However, I think that lateral violence also contributes to this non-disclosure, creating a situation where individuals and groups bully and intimidate victims to prevent them coming forward.

Let me explain how this plays out in communities. A survey of Aboriginal and Torres Strait Islander community safety found:

[F]ear of further violence and ‘payback’, or culturally related violent retribution, were the most common reasons for women not reporting violent victimisation.²⁶⁸

It is not just fear for themselves that prevents women from disclosing but also the possibility that disclosure of violence or abuse will lead to violence between families or in the wider community. For example, the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands Commission Inquiry into sexual abuse found evidence of serious assaults, including a ‘mass brawl’²⁶⁹ resulting from child abuse and sexual assault allegations.

Those in positions of power can prevent disclosure by socially, culturally and economically excluding victims and their families. Again, the APY Lands Inquiry heard evidence from a witness about the consequences of disclosure of crimes:

It’s to do with people in positions of power and judging by the closing of ranks and no-one being prepared to talk. A whole family can find themselves without food, house access etc because they are blocked by those in power and everyone keeps quiet.²⁷⁰

When crimes are not disclosed we have a culture of silence where victims remain voiceless and powerless. This undermines individual and community wellbeing and perpetuates toxic power structures which can fuel the cycle of lateral violence and violent offending.

4. 
   Conclusion
   

This Chapter has introduced the concept of lateral violence, where it comes from and what it means for our communities. As the examples I have used show, lateral violence is a profound problem for Aboriginal and Torres Strait Islander peoples, although up until now, it has rarely been named for what it is.

Lateral violence draws power from being nameless and invisible. The first step to tackling lateral violence is naming it and exposing the ways it impacts our communities. This allows us to then take a stand and declare zero tolerance for this sort of abuse in our communities. This Chapter has been a first step in this process. It is now over to communities, governments and industry to take a hard look at their interactions to put a stop to lateral violence. This will lead to stronger, deeper relationships on all levels.

This Chapter has been focused on explaining the problem of lateral violence, its deep historical roots and related concepts that explain the contemporary experience of lateral violence. In many ways, this Chapter has painted a distressing picture, with few positive stories to tell. However, in the next two Chapters I will shift the conversation to the solutions, providing a human rights based framework to guide our response to lateral violence. We will see that there are already great projects underway that provide a strong sense of hope and purpose in dealing with lateral violence.

2. 
   A human rights-based approach to lateral violence
   
   1. 
      Introduction
      

When we look at the many issues that face Aboriginal and Torres Strait Islander communities, it is easy to get paralysed by their complexity, entrenched nature and the sheer size of the challenge. But as an optimist, I believe that there is a lot that we can do to address these problems. There are many different tools available to suit the varying circumstances that face our diverse communities. Lateral violence is no different.

The most promising overarching response to lateral violence in my view is a human rights-based framework based on the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration). I think the Declaration offers excellent guidance for the development of strong and healthy relationships within our communities and organisations.

This Chapter outlines how lateral violence is a human rights issue and how human rights standards, particularly those contained in the Declaration, can provide a useful framework to address lateral violence. I argue that by applying these human rights standards, the problems associated with lateral violence can be tackled through an ‘assertion of Indigenous agency and responsibility’.²⁷¹

While this might sound abstract, the purpose of this Chapter is to use these ideas to begin generating practical solutions. Human rights standards are the first step in empowering communities. This in turn will help us address the causes and consequences of lateral violence. Human rights also place obligations on governments and other third parties to ensure that their actions do not contribute to lateral violence.

Using the language of human rights also gives us another way to talk about lateral violence. As I’ve said in Chapter 2, this is a tough conversation. However, I believe that if we frame our conversations in terms of human rights, that is the internationally recognised standards that governments have already committed to, we have a less confrontational and potentially more transformative way to talk about lateral violence.

2. 
   Human rights and lateral violence
   

Lateral violence is a human rights issue. Put simply, everyone has the right to be respected and safe.²⁷² The weapons of lateral violence such as harassment and bullying are violations of this human right. Text Box 3.1 examines how lateral violence can negatively impact on a number of human rights.

Text Box 3.1: Lateral violence and human rights

Lateral violence can affect a number of human rights including: The right to be free from violence whether mental, emotional or physical.^273 The right to life, freedom from torture and security of person^274 - lateral violence can have serious negative impacts on Aboriginal and Torres Strait Islander peoples and may result in depression, self-harm and suicide.^275 It also deprives people of a sense safety both in themselves and their community. The highest attainable standard of physical and mental health^276 - lateral violence can have negative impacts on physical and mental health causing physical injuries, stress-related illness, depression and other health issues. Freedom of expression and to hold opinions without interference^277 - the impacts of lateral violence may prevent individuals from freely expressing their opinions. The right to participate in decision-making and the principle of free, prior and informed consent^278 - lateral violence can create caustic environments where people withdraw from opportunities to actively participate in decision-making that affects them and their rights.^279 Lateral violence can also exclude people from participating in decision-making processes. Furthermore, the presence of coercion (be it force, bullying or pressure) is inconsistent with the principle of free, prior and informed consent.^280 The right to work and fair working conditions^281 - a workplace that is besieged with lateral violence is an unsafe working environment.^282 As highlighted in Chapter 2 these environments can result in higher absenteeism from the workplace and in extreme circumstances can lead to people disengaging from the workforce. The right to education^283 - lateral violence in the school and education setting can impede Aboriginal and Torres Strait Islander children’s right to education. Indigenous young people who have been bullied at school report that this has negatively impacted upon their school attendance and academic performance.^284 The right to culture and to participate in cultural life^285 - lateral violence attacks and undermines an individual’s identity and authenticity as an Aboriginal or Torres Strait Islander. As a consequence lateral violence threatens an individual’s safety in their cultural identity. The right of development of the child^286 - childhood development is a ‘holistic concept embracing [a] child’s physical, mental, spiritual, moral, psychological and social development’.^287 Communities beset with lateral violence will inhibit a child’s holistic development.

The above Text Box demonstrates that lateral violence is clearly a human rights issue. In Chapter 2 I outlined at length how powerlessness is a key driver of lateral violence. For example Gregory Phillips described it as trying to ‘feel powerful in a powerless situation’.²⁸⁸ A human rights framework offers an alternative to using lateral violence to feel powerful. Peter Bailey explains how human rights are linked with power:

In its naked form, power is neutral. But the unregulated exercise of power, in whomever’s hands, is the primary threat to human rights. Rightly exercised power… can be a potent vehicle in the promotion and protection of human rights. Unconstrained power leads almost inevitably to tyranny and the restriction, or elimination, of the rights of the less powerful…

The reverse of the concern about those who hold power is the capacity human rights have to empower those who have little or no power. Empowering the powerless and regulating the powerful are associated with the revolutionary aspects of human rights…

The quintessential concern of the human rights enterprise is to raise to a status of dignity and equality each powerless person – persons who for reasons such as law, poverty, race, religion or gender are unable to achieve dignity, fairness, basic equality and justice…

Human rights set standards to guide the exercise of power into positive and advantaging, rather than destructive and disadvantaging, courses.²⁸⁹

It is precisely because human rights standards can empower the powerless whilst regulating the damaging exercises of power that I believe they offer practical guidance in developing responses to lateral violence. In particular I believe that a human rights-based response is effective because:

• 
  It provides governments and communities with a set of minimum and objective standards which can be used to establish a framework for a society based on dignity and equality.²⁹⁰
  
• 
  Addressing lateral violence and building stronger and deeper relationships within our communities is something that we as Aboriginal and Torres Strait Islanders must address. A human rights-based response places Aboriginal and Torres Strait Islander peoples as key actors in addressing lateral violence.²⁹¹
  
• 
  Human rights incorporate responsibilities – all people are entitled to enjoy all human rights but they also have responsibilities to respect others rights.²⁹² Consequently, Aboriginal and Torres Strait Islander peoples have responsibilities to each other and to their communities to eradicate lateral violence.
  

Since coming into the position of Social Justice Commissioner I have advocated that human rights have practical power, that they provide a practical framework or roadmap for creating a fair and just society.²⁹³ Developing responses to lateral violence requires this sort of framework. In the next section of this Chapter I will examine how the human rights standards contained in the Declaration can help develop our responses.

1.